The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1902-01-01

Contested election for office of Mem
Der of Common Council of Lambert
vile.
II. l.. Stout, for Contestant.
G. A. Skillman and w. i. llayhurst,
for Incumbent.
The facts were agreed upon betweeH'
the parties, and after argument the
following decision was rendered:
Pitney J. Orally:
In this case am quite clear that the
incumbent Is entitled to the judg-
ment of the court.
The allegations of the petition, and
the facts as agreed upon by the
parties, which / now find as facts, are
substantially as follows: that in the
First Ward of the city OF Lnmbertville,
at the last general election, held on the
fifth day OF November last, the Office
of member of the Common Council
was to be filled by the legally qualified
voters of that Ward. That in due
season before the election the present
contestant Mr.. John Callan, being
duly qualified for the office, was
duly nominated, and his name
placed upon the official Demo-
cratic ballots That one George w.
Naylor was in due season regularly
nominated, he being duly qualified for
the office, and that his name was
regularly placed upon the officially
printed Republican tickets. That the
incumbent, Mr.. William Lodor, was
duly qualified to be a member of the
Common Council, but was not offici-
ally nominated by either or any
party, nor by any petitioners, nor
was his name officially printed upon
any ballot. That there were no Off
cial ballots, except the Republican
and Democratic ballots, and no names
appeared on any official ballots as can
| didates for this office except the names
of John Callan and George W. Nay
lor That at tho election SO held,
John Callan received 1876 votes, and
George w. Naylor received 25 votes,
and William Lodor received, under
the circumstances presently to be
mentioned, 1888 votes.
That William Lodor received the
highest number of votes cast in the
Ward for that Office, and this fact was
regularly returned by the election Off
GERS, and his election canyassed and
determined by the County Board of
| Canvassers.
| Now it is agreed, and find it to be
a fact, that each of these 1873 votes cast
for William Lodor, was cast either by
FASTING his name, with paster of
| white paper and black ink, upon one
of the official ballots, or by writing
his name with black ink or black
pencil upon one of the official ballots;
the name of one or the other of the
regular candidates for the same office
having been properly erased for the
purpose
That the office for which Lodor was
thus voted for, was the Office of Com
mon Council of Lambertville, already
referred to- And it is agreed, and |
find it to be fact, that upon any of
these 1873 ballots, either on its face or
back, there was no mark, sign, desig-
nation or device whatsoever, whereby
such ba Hot could or might be identi-
fed or distinguished from other bal
lots cast at that election, saving the
writing of the name, or the designa-
ton of the name of Lodor in the
proper place for his candidacy for
member of the Common Council.
And it is agreed rs part of the
stipulated facts, and find it to be
fact, that the election returns were
sent to the County Board of Can
vassers of this county, and that their
statement showed that William Lodor
was duly elected to the office of Com
| mon Councilman.
1t is commended on behalf of Mr..
Callan, the Contestant, that the votes
thus cast and counted for Lodor were
| not legally cast, and could not be
legally counted, because Lodor had
not been placed in nomination, either
by any party convention, or by any
petition of qualified citizens, and that
therefore Mr.. Callan having received
the highest number of legal votes cast,
is entitled to the office.
l am unable to agree with this con-
| tention.
1t seems to me that Section 50 of
the Election Law Revision of 1899,
prohibits my agreeing with this con-
| tention. That section provides as fol-
lows; Nothing in this act shall pre-
| vent any voter from erasing from his
ballot any name or names thereon
printed, or from writing or FASTING
thereon the name or names of any per-
son or persons for whom he desires to
vote for any Office or offices; the ink
or lead pencil to be used in writing
any name or names upon the ballots
shall be black in color, aud the use of
any other colored ink or pencil shall
invalidate the entire ballot; and al
pastors used shall be printed with
black ink on white paper only, and
the use of any other kind or sty'e of
pastors shall inyalidate the entire
ballot.
Now 1t seems to me that that Sec
ton means just what it says; That
nothing in the act shall prevent any
voter from voting for any person for
whom he desires to vote i'll that cleo
ton. This section does not say he
must exercise his choice within the
limits prescribed by the nominating
conventions or the nominating petit
tons. The contestant claims that that
restriction is to be fairly read into
that section, because that is the gem
eral spirit of the act.
Now as an historical matter, l am
quite sure the act was not thus inter
preted when it was first passed.
l remember very remarkable in
stance of Congressional election
held in Hudson County in the year
1899, within one year after the passage
of this act. 1t was the same election
III WHICH, NfoorSt L. w tItS WAS tleCbeu
Governor, he being the author of this
law. II any large number of ballots
had been cast out of the election in
Hudson, it might have been sufficient,
and in this instance the number of
ballots in question would have been
sufficient, to have changed the result
of the election for Governor.
In that election, Edward L. Melon.
aid was the Democratic nominee for
Congress, and he died on the Friday
or Saturday just preceding the cleo
ton, after the official ballots had been
printed; and the voters of that Con-
gressional district. by the use of
pastors and writing, placed the name
of George b. Fielder upon majority
Of the ballots cast in that election for
the Office of Congressman.
II it was an unlawful mark or desig-
nation it would invalidate the whole
ticket; if it was simply a nullity with
respect to the vote of Congressman, ii
would only affect the congressional
vote: But Fielder was actually
elected to Congress in that manner.
Now IL wara onnStraipal 10 reaI