The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1905-10-03
Chief Justice Gummere Re-
fuses the Plea of the Colby
Men to Revise the Pri-
mary Figures.
WRIT WILL BE GRANTED
IF THE PETITIONERS WISH, THE
WHOLE QUESTION MAY BE AD-
JUDIcATED BEFORE THE FULL
SUPREME COURT.
Special to ..The Jersey city News. y

Special to .'The Jersey City News.'')
NEW ARK, Oct. 3, 1905.-The appli-
cation for recount in the nineteen cleo
ton districts claimed by Colby men for
county committee and the application of
C. Rauch. who ran as Colby School
Commissioners in the Thirteenth Ward,
We're denied by Chief Justice Gnmmere
in a decision handed down yesterday af-
sternoon in the Supreme Court Circuit.
At the same time he pointed out way
in which the matter could be brought be-
fore the Supreme Court for adjudication.
Chandler w. Riker, chief counsel for the
Colbyites, will take the matter under
further advisement
After referring to the fact that he had
conferred, as promised. with Justices
Garretson and Garrison, before whom
like applications had been made, the
Chief Justice said:-
I'VE have all of us come to the con-
clusion from an independent examination.
and also from enlightenment received by
discussion. that the 159th section of the
general election law does not apply to
the primary election law beyond the sup
plement regulating the primary Elections.
and for number of reasons. all of which
think. were suggested before me in ar
gument and discussed by both sides
.sThe principal reason is that the last
section of the primary election law dis
tinetly specifics the section of the act
that shall apply to the primaries. and the
one hundred and fifty-ninth section is not
so specified 1t is primary rule in the
|sconstruction of statutes that the inclu-
sion of d specified section being adopted
subsequent TO the law works to the ex-
sclusion of those not SO specified.
Another reason is the fact that the
provision in relation to the recount con-
tanned in the original law is not applica-
BILE TO any Of the persons chosen under
the primary election law. 1t is not nec-
essarily applicable to the members of
party conventions because it permits the
application of recount to be made with
| in ten days, while a convention may be
held within much less than ten days after
the primary election.
"A third cogent reason is that the
10th section of the election law mani
| Efestly is and has been held to be "a mere
adjunct to the election machinery, and
the rights of contestants of parties to
lpreceedings seeking recount may lie in
| quo warranto.
There are other reasons which tend to
the same conclusion towmy mind, not so
important. aud the result is that the ap-
plications made to me are denied
The court added III conclusion that
realizing the Importance of the matter
permission would be given to the con-
testants to apply for mandamus in Mr..
Riker's application, or q rule TO show
cause in the application made by William
preme Court, as whole, may finally
mitteemen in Orange, so that the Su-
premt Court as a whole, may finally
Iadjudicate the matter.
The districts which the Colby commit
teemen wanted recounted were the first
of the First Ward Bloomfield; the fourth
of the First Ward of this city: the first
second, third. fourth. fifth; sixth, seventh,
eighth. ninth, tenth, eleventh and twelfth
of the Thirteenth Ward, which comprises
| the whole ward and the third. seventh
eighth ninth and tenth districts Of the
Fourteenth Ward
The decision, as intimated by the court
also affects the committeeman in Orange
where Harold w. Barrett and James e
4 Perkins claim the election and the re
count on which was started some time
ago, but stopped pending the decision.