The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-03-11
ELECTION FIGHT
Kalisch Secures a Hearing
Before Chief Justice
Depue Wednesday.
CAMDEN IN IT, TOO
That City Gives It's Argu-
ment Today Before
Garrison.
Especial to ..The Jersey city News.''l

The rule was drawn by Samuel Kalisch,
counsel for the objectors to the Anti
Spring Election law. In asking for the
granting of the rule, Mr.. Kalisch said
that he had given notice to City Clerk
Connolly that he would make application
for it this morning. He stated to the
court that he had an affidavit setting
forth that the city clerk had refused to
deliver to Cornelius V. Boorum, MEM
ber of the Board of Registry and Elec-
tions, in the Fifth district of the Fourth
ward, the necessary stationery with
which to open a registration booth in ac-
cordance with the law prevailing before
the pa<age of the Meeker bill.
C><ef Justice Depue said that it would
not be necessary to read the affidavit in
full.
Mr. Kalisch then said that he had
drawn rule, which he believed would be
satisfactory to both parties.
Senator McCarter, who, with City At
torney Boggs, was present in the interests
of the city, stated that he had no object
ion to the granting of the rule, as every
body was anxious to have the question
settled
Mr.. Kalisch suggested Wednesday as
the day for hearing the case, but Sem
ator McCarter thought this was too soon.
Mr.. Kalisch SAID that he would not insist
on arguing the case on that day. but
thought it should be brought before the
court as soon as possible. There would
be no dispute between him and Senator
McCaMer, he said, regarding the facts.
The date was finally set for Wednesday,
March ls.
The rule to show cause is. in full, as fol-
lows
NEW JERSEY SUPREME COURT-The
State ex rel. Cornelius V. Boorum, a
member of the, Board of Registry and
Elections, in the Fifth district of the
Fourth ward of the city of Newark, VS..
James F. Connolly, clerk of the city of
Newark-Rule to show cause.
Upon reading the affidavit filed in the
above stated cause, it is ordered this
ninth day of March, by David A. Depue,
Chief Justice of the Supreme Court of the
State of New Jersey, that the said James
F. Connolly. clerk of the city of Newark,
show cause before the said Supreme
Court, to be holden at the State house, in
the city of Trenton, on Wednesday, the
18th day of March, 1901, at 1880 o'clock
in the forenoon of that day, why per-
emptory, or alternative writ of mandam-
US shall not be issued out of and under
the seal of the said Supreme Court, com
manding and enjoining him, the said
James F. Connolly, to deliver forthwith
to the said Board of Registry and Elec-
ton of the Fifth district of the Fourth
ward of the said city of Newark, copies
of the registers of the previous general
election, appertaining to the said Fifth
district of said Fourth ward, and all nee
essary poll books, registry books blanks
for election returns and supplies for eaid
Fifth district, necessary for the proper
carrying into effect of the provisions of
an act, entitled ''An act to regulate cleo
tions,'' revision of 1885, approved April 4.
1898, and as is required and directed to be
done by sections 27 and 81 of said act.
And it is further ordered that both par
ties hereto have leave to take depositions
Dated March 9, 1891.
On motion of Samuel Kalisch, attorney
of relater.
Let the above rule be entered in the
minutes of the court.
David A. DEPUE, c. J.
March 9. 1901.
In submitting his application, Mr.
Kalisch stated that he had given notice
to City Clerk Connolly that he would
apply at this time for a rule to show
cause why a mandamus should not issue
against him to compel and enjoin him to
supply Cornelius v. Boorum, of the Fifth
election district of the Fourth ward with
a copy of the registry of the election of
last November and all other necessary
matter for the holding of an election as
provided by an act approved April 4, 1885,
being revision of the General Election
law.
Mr.. Kaliseh submitted an affidavit from
Boorum to the effect that on the day of
March S last he applied to the City Clerk
for the material necessary to cenducr
registry of voters of the eleetiopn
district for which he is an officer on that
day, and that the application was refused
by the City Clerk.
s'Do you object to the granting of the
rule?" asked the Chief Justice. turning to
Senator NfcCarter.
II have no objection promptly replied
Mr.. McCarter. Everybody wants to
have this question decided as soon as pos
sible.''
Everybody wants the case heard i'm
mediately,'' said the court.
"Well. as soon as we can get ready for
argument replied Mr. McCarter.
when will that be?" asked the court.
''Mr Kalisch has asked to have the
rule made returnable next Wednesday"
replied Mr. McCarter, but that will be
too soon. I will not be able to get ready
so soon. The Legislature is nearing its
closing sessions and my time will be
largely taken up with my duties there"
81 wrote a note to Justice Van Syckel
concerning the case" said Justice Depue,
"and I think l suggested next Wednesday
for the return of the rule But I will fix
any day you agree upon. We may name
Wednesday but you need not argue the
case on that day if you are not ready"
Il won't ask you to argue the case
Wednesday If you are not ready" said
Mr.. Kalisch to Mr. McCarter.
1T is urgent that the question be set
tied as speedily as possible" said City
Attorney Boggs.
81 suppose said the Chief Justice.
ssyou will get the case before the court
In some way by demurrer. The practice
s. is pretty well settled in the branch court
You can get the question before the court