Perth Amboy evening news., 1905-12-14
Justice Dixon Tells Them They Are
Unfit for a Public Trust declares
Their Verdict Is Fresh Outrage
Upon the Community.
CHARGE FAVORED DEMOCRATS.

Stripped of all irrelevancies the
case seems to me to be a very simple
one. 1t appears that on the second
day of registry dispute arose In the
election board composed of the four
defendants respecting the entry in
the registry list of thirty names for
which affidavits were presented. Two
members thought they should be en-
tered and two not. Two members
entered these names on the second
day on one copy of the registry list
and the other two refused on the
second day to enter them on the 9th
er copy. If the defendants had been
indicted for improperly entering
these names it would be proper to
determine whether they were right
or wrong. But they are not and it
is no concern of ours. SO let us leave
that out of view.
Under the statute they were to
make three copies of the registry
list, one of which was to be retained
by the district board of election. One
copy was retained by the chairman
and brought election morning for
use by the Board of Election. 1t was
, there for use, from the legal deposit
tary, by the chairman of the board.
I'VE find dispute arising as to
whether the clerk, Mr. Dunlap, to
whom the city clerk had delivered the
envelopes and ballots, had delivered
them unsealed to the election board
or sealed as it was undoubtedly his
duty to do. If the indictment was
for his refusing to do so this would
interest us but this is not the indict-
ment and so we cannot consider that
Gave No Receipt.
"Then it became the duty of the
board to give receipt. They didn't
do that. They are not indicted for
that and we need not trouble our
( selves about that.
ut was the duty of the board to
\ make a proclamation. There is a
lispute as to whether one was made.
BUT the parties are not indicted for
hat so we need not trouble ourselves
about that.
Now we approach to the very sub
| JCOt vi tuC ihoiNbliShIs AACiN WV viz
election room, the booths, ballots and
envelopes. None of the members
| had any doubt as to the ballots and
envelopes that were there were
| those to be used. Here was the bal
lot box and here all the members of
! the board. The chairman and in
/ spector had the ballots and envelopes
Whether they passed through the
custody of the board or not need not
! trouble us.
Duty of Chairman.
"Then it became the duty of the
chairman to designate one member
as registry clerk and another as poll
clerk. 1t does not appear that there
was any designation by the chair
man, but it is clear from the position
the chairman takes that Rastall was
to be registry clerk. Mr.. Dunlap
has the poll book, Mr.. Reilly the ball
lots and envelopes and the ballot box
was in charge of the judge of cleo
tions
What was at once the duty of the
officers? To open the polls and hold
the election. Those things the in
dictment says they did not do. The
indictment contains three counts, the
first of which is that they failed to
hold an election on election day, No
vember 8, and the chapter on that in
the election law is section GA, which
says the boards of the registry and
election shall hold and conduct all
general, municipal, local and special
elections The second count says
they failed to open the polls at six
a. M, and section 4, of the election
law, says in all elections the polls
shall open at six a. m, etc" The
third count is that they refused to
open the polls at all that day.
Here was board of four per-
sons and every one had cast upon
him the duty of doing what in him
lay for the purpose of holding the
election what was the opening of the
polls? 1t is not the mere saying so,
but being ready and willing to receive
votes. A proclamation is one thing
and action is another. The opening
of the polls is the indication on the
part of each officer to do what each is