Evening journal., 1898-11-11


number of votes corresponded with the
number Indicated on the official re-
turns, the said returns must be cor
rect. Any other matters relative to
mistakes or fraud must be heard at
some other place. If fraud was evil
dent on the face of the certificate, then
the court could act.
Judge Spruance stated that the court
had nothing to do with the rights OF
voters, ais all they had to pass upon
was the legality of the rejected votes,
and if any were found to have been
thrown out improperly the court had
the power to add such votes to the GER
titled list. ]. Harvey Whiteman OBJ
jected and claimed that the court had
no power to act unless fraud was shown
on the face of the certificates.
Justice Dore appeared somewhat net
tied at the objections of the attorney
and the consequent delay and remarked
that his colleague and himself had con-
suited previously upon the matter and
had decided that under the provisions
of the new Constitution that they, as
a beard Of canvassers, were empower
ed to correct mistakes on certified re-
turns by adding to or taking from the
the lists as the facts warranted to do
so. This decision was final.
There was no contest in the Second
voting district and the vote was TO
corded as returned. When the Third
was reached Attorney ]. Percy Nields
2 entered a complaint to the effect that
2 244 votes had been registered in this
district, p of which had been thrown
=, out on the grounds that some were
! soiled and others improperly marked,
t He asked, on behalf of the complain
1 ant, John c. NIeCaulley. that the bali
g lot-box be opened and the ballots gone
over. The box was produced and OPEN
cd, and upon inspection 9 votes were
= found to be Illegally thrown, out and
/, were added to the certified list.
= Mr.. Nields represented Mr.. McCaul
It ley in a complaint in the Fourth dis
y trict also. He alleged that 46 votes
/ had been rejected on similar grounds
n to the preceding district, and asked toi
9. an inspection. Upon going over The
Is ballot, eleven were found to be prop
d erly rejected and the remaining thirty
d FIVE were placed upon the returns.
rt This concluded the contests in tn
2 First representative district, and tn
ID remaining voting precincts, with tn
is exception Of the Ninth district, Il
D. which two of the certificates wer
ce found to tally. while the third was on
vote short for state auditor. The mis-
take was corrected by the court and th
re votes recorded as indicated on tn
a. election certificates.
IN Robert NJ Ennis, of Newark, the nj
nd nority judge in the First district
al the Ninth. who failed to turn in h.
On certificate when his district was calle
n earlier in the afternoon, arrived at 5.a
nd O'Clock and handed in the papers. COul
OF then took a recess until 7.3O o'clocl
nd Judge Spruance directing that III
sheriff should take charge OF the tai
is sheets, certificates, ETC., and that
yer should see that all doors leading to n
Ithl court room were locked and no one a
lat lowed to enter until the courts retur
he After the recess the court again VIC
nd into session and succeeded in canvas
me ing 2S additional districts, making
re- in all for the first day. These show
ere that James Kitchens, representatil
i'm had defeated Thomas F. Gormlt
Democrat, in the First district, by
ose majority; General John p. Donah'
Of Democrat, had beaten James D. Cart
ain Republican. by 1913, and Francis ]. N
in Nulty Democrat, had been elected on
va Daniel f. Stewart by Al.
Oils The judges also ordered the readi
re- clerk to count Samuel NJ. Knox a
its Samuel IN" Knox as the same pers'
OF Court took a recess at 10 o'clock
S til this morning at 9 o'clock
III TO-DAY7S PROCEEDINGS.
ieo When Superior Court opened I
','.u morning, at 9.15 O'Clock, it was evid
- that interest in the count was upon
'H0 wane, as there were only three spec
L., .ors outside the railing and no att
'- neys within, excepting ]. Har
'el7 Whiteman and Philip Q. Churchm
nN'e representing their respective parties
the count.
The work of canvaesing the vote
Oii''' gan at the Forty-second district,
on' ond representative district.
LII AT the conclusion Of the canvass
'iie the Fiity-seventh district Walter
NDne' Hayes ficd complaint in behalf
o'ei John e. Taylor. Republican candle
IL for sheriff, on the grounds of allie
Oh fraud in the First election distric
''oO. the Tenth representative district,
n91 Castle hundred. In his complaint