New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-22
FIGHT OYER N. O. TICKET
Board of Elections Considers Tam
many'S Manq Protests.

No decisions of the Board of Elections on the
protests against the candidates the Munich
pal Ownership League ticket were made public
yesterday, with the exception of the protest
filed against Fred. Ostermann, George W. Hay
den and Edgar n. Pryor nominated for Alder
in the 23d 25th and Oath districts, respec-
lively. This was stricken off the list for error.
What other disposition may be made concerning
the other before the board, there is no
chance of the nominations OF w R. Hearst
John Ford OF ]. G. Phelps Stokes being declared
invalid. II an adverse decision is made against
the nomination of Bird s. Coler for Borough
President in Brooklyn it will be on grounds that
in no wise will hurt his running mates.
Isaac K. Kapper one OF the protestants free
ly conceded TO Mr.. Hearst and his candidates
the use of the title Of the Municipal Ownership
party and the balanced scales emblem
they were nominated properly by the party le-
gay formed at the Carnegie Hall convention
and might properly have their names inscribed
ballot under one emblem.
Other candidates than those nominated at the
Carnegie Hall convention. he maintained, under
the law on municipal elections. could not be
placed legally on the same ticket nor included
in the same certificate of nomination Each
certificate, he argued. obliged to be held the
basis OF a separate Independent party, and the
names upon IL must be entered under distinct
title and special emblem.
1t was admitted by the protestant that, al
though Joseph A. Burr, the candidate for JUS
tice of the Supreme Court in the I'd judicial
District. had in point of time been the first act
ually to register the title Municipal Ownership
Party and the balanced scales as an emblem
with the Secretary of State, the Hearst candi-
dates were the only Simonpure. unadulterated,
absolute owners of the and emblem" ami
anD cd Ia
other candidates adopting either. Others fol-
lowed with similar arguments.
Melvin G, PalIiser the first TO speak for the
Municipal Ownership candidates. said that all
the candidates were the candidates OF the party.
and that Burr had been Endorsed from the be-
ginning by the Municipal Ownership League
Herbert r, Limburger said that the real ques-
ton IL 1t the body OF electors
nominating the candidates in the different dis
tricts. and If So why they should be forced to
adopt separate embIems
The board refused to make any decision yes
terday. Mr. Kapper then intimated that II the
board did not give him a decision he would ap-
peal from its verdict.
The attack on Mr.. Coler's nomination was
made along different lines. IL is alleged in his
case that many OF his nominators had already
exhausted their functions by taking part at the
regular primaries enrolled Democrats or Re
publieans. Mr.. Kapper asked for an extension
OF time until Monday to complete his examina-
ton OF the names on Mr.. Colers petitions. This
was granted In the face OF spirited opposition
on the understanding that the examination
would be over by 10 a. IN. tomorrow at the
latest. TO give Mr.. Hearst's lawyers a few hours
to examine the charges 20 be brought before the !
case again came before the board.
When similar case to those now before the I
board thrashed out in the Court OF Appeals /
some years ago. It was decided that voter can
not be bound by his enrolment at the primaries |
Mr. Allen the chief clerk Of the board however
said that Justice Gildersleeve handed down an