The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1905-09-13
Leader Of the Essex Anti
Corporation Forces Downed
the Machine and Major
Lentz at Yesterdays Pri-
maries.
MACHINE MAY lNDOBsE HIM
THERE WAS TROUBLE OVER THE
INK USED IN MARKING BAL
LOTS, AND CITY COUNSEL
CoULT GAVE AN OPINION.
Especial to ..The Jersey city New.."o

NoPccAdI 10 Aue JERSEY lily 4NS"S- >
NEWARK, Sept. 10, 1905.-Everett
Colby has carried Essex against the ma
chine and Major Carl Lentz. The young
Assemblyman has made vigorous can
vass all summer for the Senatorial nom
ination and in spite of all the machines
efforts he has demonstrated that his pop
ularity and strength are irresistible.
1t was predicted last night that if Col
by showed sufficient strength he would
be taken up by the regular organization
and put in nomination
Otherwise another good Republican
might be announced this morning
and perhaps it would be Halsey NJ Bar
rett.
Assemblyman Colby was at his head
quarters in the Scheuer building during
the morning to hear the latest reports
from his lieutenants, and left before noon
to go to West Orange, where he cast a
| ballot presumably for the delegates
pledged to him and opposed to the coun-
ty Republican organization.
Major Carl Lentz, chairman of the Re
publican County Committee, was at the
headquarters of that organization in the
| Strauss building from an early hour yes
terday, receiving reports and messages
and giving directions to callers, both in
person and over the telephone Secretary
John R. Flavell was another very busy
man at the headquarters. Ring after
ring summoned him from his desk to the
telephone booth until he wore path in
the rug on the floor of his office.
Considerable trouble oeurred at the
regular headquarters by the discovery
at a late hour that the ink used in mark
ing ballots for the different districts in
the Eighth Ward showed blue on the pa
per. The law specifies that only black
ink or black pencil be used in marking
the ballots. The fact that the marking
showed blue was considered a violation
of the law. The ink used was of vari-
ETY. that shows blue when first written
but turns in time to black The marking
had been done Saturday and Sunday, bur
evidently the process of change IN shade
took too long a period.
A corps of men was put to work get
ting out other ballots. this time marked
with lead pencil. and samples of the first
lot of tickets were sent to City Counsel
Joseph Coult to give an opinion on the
question whether the color of the ink
could be considered a~marked ballot.
Mr.. Coult returned a reply stating in
effect that he believed the election officers
should accept the ballots. In part he
| said -
sThe statute directs the voter in mark
| ing off the names of candidates for whom
| he does not desire to vote to use black
lead pencil. If however, it should be
found on canvassing the vote that con
siderable number of voters had used
black ink for this purpose and that such
erasures had evidently been made in
preparing ballots to be distributed for the
use of the voters within the county,
do not think that the election officers
would be authorized to reject such bal
lots.
"A case somewhat of the same charac
ter arose in Monmouth ounty in 1902
and in thatc case the Supreme Court
held that where large class of ballots
had been used. having the same acci-
dental or intentional mark or designation
upon them, but for which mark or desig-
nation the voter is in no way responsible,
such a ballot is not within the interdic-
tion of the statute which makes a
marked ballot void and that it will not
De pTeSulHeu 10 De tue iSSAsIHtlNe 1AtcAA,
nor is it the proper statutory construc-
tiol, to defeat the vote of the citizens
by an act for which he was neither di-
rectly or indirectly responsible; nor for
a negligent or wilful act of a municipal
officer; nor for misconception of any
legal duty or form required in the prepa
ration of ballots used by such an official
for distribution to voters. and fnqllv
that the election law is only intended 10
defeat ballot which is 50 marked that
it IS apparent that the voter hsd ssrs4
: purpose, corrupt or otherwise, so to
mark it or permit it to be marked, that
it can be identified and distinguished
from any other ballot used at such cleo
/ tion.
The election officers. in case such bal
lots should be found in the boxes, should
canvass and return them and leave it to
I the courts to reject them If they are
found to be void because used IN vio-
lation Of the statnte.7