New-York tribune., 1905-11-01
JEROlfHf e STILL KEPT OFF,
Justice Stoper Denies Ballot AppH-
cationrRepubHcans Appeai.

Justice Stover denied yesterday the applica-
tton of the regular Republican organization 70
substitute the name of jerome for Flammer
under the Republican emblem on the onoiai
ballot This denial was made on appneatiob
"a hin, after the Board OF Elections came to
deadlock on the proposition. An appeal was at
once taken to the Appellate Division OF the
Supreme Court and will be argued this forenoon
at II o'clock
When the brought before Justice
Slower yesterday forenoon he refused to
change the order of the calendar. and it WAS
late In the afternoon before the argument was
heard.
Henry W. Taft. on behalf Of the Republican
County Committee said the proceeding was
to review the action of the Board of Elections.
and declared that the Supreme Court had au-
th0rity to decide any question az TO the validity
of a decision by the Board of Elections. Mr.,
Taft then related the various steps leading up
to the withdrawal Of Flammer, the reconv6nins
of the Republican Convention and the nomina-
ton of Jerome.
Mr.. Taft then proceeded to cite authorities.
Section 5s, he said, provided that party nomina-
tions should be filed twenty-five days before
election, and Independent nominations twenty
days before election. This was apparently to
allow the voters to scrutinize the party nomna-
tions and see whether they were acceptable 70
them or whether they should make other NOM
nations
THE tendency of the court he added, has
been to allow voters to cast their votes for any
candidate they may desire
Summing up. Mr.. Taft said:
Upon these grounds ask your Honor TO
grant this application:
FTrst-There ia no exclusive language In the
statute which prohibits a party from making
nomination after the time prescribed IN l1e. the
4Ief fI,,,a CriE Ead In
directory. and not mandatory
Secondhand within the exceptions noted IN
Section &C. this case creates case OF d1squalln-
cation of this candidate, and, therefore this Ger
tificate should be received cnder that section as
a substituted nomination.
Third-Ths is case of such an unusual cnar-
acter, calling to the attention OF the court the
unquestioned intention of a great political party
that the court ought to make an order thdt the
certificate be filed nunc pro unc.
Assistant Corporation Counsel Connolly, in op-
posing the motion said that this was not case
where any citizen would be dsfranchised from
voting for his party candidate, as he, MI Jerome
had column all to himself the official ballot,
where his appeared candidate for Dis
trict Attorney in lonely grandeur and any
voter who desired. could vote for him by
placing a cross against Mr.. Jerome's name in
that column.
1.-THE important question here he said, lis
whether the election law is mandatory or dis
cretionary.
M
which was that adopted here, mandatory
in Australia, and that fact deserved consdera-
ton.
Ex-suprenle Court Justice William H. Cohen
supported the application and maintained that
the Republican County Convention had acted
legally and justified in receiving Mr.. F'am-
fner's declination and nominating Mr. Jerome in
his stead
Here" continued Mr. Cohen, us an attempt
to prevent the voters Of great party from
registering their votes for the man of their
choice in easy manner as possible. The
action of the Board of Elections should have
been to render it easy as possible for them TO
vote"
Justice Stoyer in his opinion referred to the
proceedings of the Republican County Com
mittee and said that q speedy determination
of the motion necessary 1t was impossible
for him fully to discuss all the questions raised.
but that he had carefully examined ALL and had
determined the application must be denied.
1T Uas not intended he gatd, the Intention
of the law comforting jurisdiction upon the
courts to determine questions arising under the
act to relieve the Board Of Elections of its
duties and permit the court to act as though
originally acting as a board, but the comforting
of Jurisdiction to proceed In summary manner
was intended to prevent fraud or injury by rea-
son of mistakes omissions upon the part OF
the board