Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1905-10-05
APPLICATION FOR
RECOUNT DENIED.

On Monday September 25th, Attorney
Francis B DaYis presented an application
to Justice Garrison for a recount Of the
votes cast at the Republican Primary Elec-
tion in Greenwich Township for Joseph W.
Clement for Township Committee, and for
vii lam G. Casperson for Delegate to Free
holders Convention, and also for Loring
Boody, Isaac H. Reed and Harry NJ. Shus-
ter, who were voted for Delegates to Free
holders Convention in the Borough Of
Panisboro
In Greenwich Township II Republican
ballots were cast, of which Mr.. Clement
received AZ and Edward Bates % The
Election Board rejected 26 ballots claiming
them to be marked ballots for the reason
that William G. Casperson for Delegate to
FreehOlders Convention was voted for by
stickers pasted on the ballot The result
OF this rejection gave Bates % votes and
Clement 16 votes. In Paulsboro, the Elec
tion Board counted all the ballots and re-
tui ned the votes for all persons voted for
excepting the delegates for Freeholders
Convention. These they failed to certify.
Attorney Dayis received the following let
ter from Justice Garrison in which he sub
stantially holds chat the Primary Election
Law provides no remedy for contest in
the Courts.
Justice Garrison, MerchantvilIe, Sept 80, '05.
SUPREME Court OF New JERSEY.
FRANCIS b. DAVIS, Esq,
DEAR SIR:-In the matter Of your appli-
cation for recount in Primary Election /
have concluded after careful study of the
statutes that the Legislature has made no
provision for such procedure.
1t you desire to review my conclusion l
shall be glad TO facilitate it by allowing
rule to show cause why Mandamus should
not issue to compel me to allow your mo-
tion. The application made by you for a
Certiorari at the suggestion OF Mr.. Donges
is likewise denied because the remedy
would be inefficacious /, because Of the time
necessary to obtain iugment, and 2, because
such judgmen would not put yonr man in
Truly yours,
G. G.. GARRISON.
The above decision Of Supreme Court
Justice Garrison has since been concurred
in by Supreme Court Justice Garretson, in
the case of Mr.. Colby's contest in Essex
county, hence there can be no doubt of the
right Interpretation Of this law. Evidently
the Avis election officers in Greenwich
knew that there was no law TO reach them
when they threw out twenty-six Gaunt
ballots. and the Organization election
officers in Franklin knew there was 10 law
TO reach them when. they threw out eighty
one Gaunt ballots in Franklin. The ma
lieious sin Of the action Of the Organization
election officers in Franklin is found in the
fact that they first counted the eighty -one
votes, with no idea they were defective
until the count was completed, and phone
communication was opened with the Boss
at Woodbury., who ordered aFe-count, and
the eighty-one Gaunt ballots rejected.
Hence we find recount ordered by the
Organizations Boss in Franklin on Primary
Election night to give Avis the Franklin
delegation, but no authority in the law by
which the highest judicial authority in the
State can order a recount in Greenwich to
correct palpable wrong perpetrate1 BY
the Organizations minions in Greenwich.
The methods of the Organization in the
recent Primary Election must be repu-
diated even By honorable men of the Or
ganization, because nobody who wants a
Square Deal can stand for the crookedness
perpetrated at the late Primaries
ii such methods receive the sanction of
the ballot boxes next November, goodbye
representative government in Gloucester
county.