The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-20
TO HEAR BALLOT CASES TO-DAY
ONE ARGUMENT on AL APPLI-
CATIONS FOR THE SCALES.

decide which candidates have the right
to be placed in the column of the Indepen-
dence League under the emblem Of the
balanced scales. Arguments were TO ha We
been made yesterday morning Of some Of
these disputed claims. Those interested
in the cases are Francis Burton Harrison
and Harry b. Da vies in the Sixteenth Con-
Eress district, James J. Frawley for
Senator in the Twentieth district and four
or Ave others,
Herbert A. Limburg and Daniel F. Cola
han, who represent the different candidates,
were on hand and so were many other
counsel who are to look after the interests
Of other claimants. Mr.. Limburg. who
represents the Independence League, was
not ready to proceed and asked for a post
ponement. Mr.. Colahan asserting, the
board set the cases down for $50 o'clock
in the afternoon.
At the time the rooms of the Bureau OF
Elections were filed with counsel and candi-
dates. and after q short executive session
by the board the board was ready to pro-
coed. Mr.. Limburg and MIR. Colahan had
a short consultation with President Voorhis
and then Mr.. Limburg announced that he
wished for a further postponement. He
and Mr.. Colahan had decided, he said, that
the same principle was involved in each
case and he thought that as one argument
would cover all It would be better to post
pone that argument until to-day and dis
pose OF all the cases at once.
President Voorhis referred the question
OF pOstponement to the board and the boar
set 1 o'clock this afternoon as the time.
These cases are simply 10 settle which
petition has the right to the nomination
by the Independence League and has moth
ing to do with questions that ave arisen
about the legality Of the signatures on the
petitions. II will settle the question
whether the Independence League has a
right TO say who shall be nominated and
whether priority in fling petitions under
that name gives a citizen OF any district
the right TO use the name and the emblem.
Earlier in the day the board announced
several decisions on protested nominations.
These decisions included the recognition
of the Magic candidates in the Twenty-first
Senatorial and Thirtieth Assembly districts.
the board declining to sustain the objec-
ions OF John r. Cowan. The board threw
out the objection to the nomination Of Robert
Baker by the Prohibition party in the Sixth
Congress district Of Kings.
The objections to the nominations oi
Ernest Wagner In the Seventh Congressional
district in KinRs, Frederick w. Longfellow
for Senator in the Twenty-second district.
New York and Henry c. MarksfOr Assembly
man in the Twenty-tirst district. Kings,
were dismissed and the nominations were
accepted by the board. The only objec-
ton sustained was hat Of j. W. Souter
to the nomination OF j. j. Hanrahan in the
Ninth Assembly district, Kings. This was
made on the ground that the signatures to
the petition had not been properly attested
by a notary.
Senator Riordan was at the bureau look
ing after the protest against FRANKLIN
Ouinby Of the Independence League in
the Eleventh Congressional district. The
petition of Quinby IL said to bear the names
Of many persons who have died and the
Senator is sure that it will be thrown out.
William p. Reilly, nominated in the
Twenty-seventh Assembly district, New
York, by the Independence League, has
declined the nomination and requested that
his name be Withdrawn.
A case Of too much johnson" has come
I'D in Kings. Robert NJ. Johnson has been
nominated by the Republicans for Justice
of the Municipal Court to fill the term OF
the late William j. Lynch. The Mayor
had appointed Assistant Corporation Coun-
sel Meagher to this office. The Republicans
overlooked the vacancy and found out
later that the Independence League was
circulating a petition for the nomination
Of Robert l.. johnson. Then the Repub-
licans got to work. They held primaries
and a convention on October Is, but the
latest time to make party nominations
was October II.
Ex-Assemblyman James Taylor appeared
for Robert NJ. johnson, and sasd that the
fault was with the clerk of the court. He
admitted that an error had been made,
but left the matter to the consideration
Of the board. The league men insisted
that the nomination OF Robert Nj. johnson
was made too late.
The board has taken no action on the
withdrawal Of Magistrate Matthew p.
Breen's nam from the judiciary ticket.
He was nominated by the Independence
League, and sent a letter TO Max Ihmsen,
manager of the Independence League.
at the Gilsey House, several days ago an
nouncing that he was not a candidate.
This he supposed would settle things.
Breen was informed yesterday that his
name was still on the Independence League
| ticket despite his declination and got wor-
ried.
Perhaps I will be accused Of wanting
money TO Withdraw my candidacy for the
Supreme Court bench, he said TO a friend.
Il had declined In the most emphatic Ian
RuaEe and cannot understand why they
! don't take my name of as ] requested.
The Magistrate explained that when he
was frat approached 10y the Hearst people
to stand for the Supreme Court Justiceship
he vas assured by Mr.. Ihmsen tina John j.
Brady, Tammany candidate for the Sill
preme Court, would be withdrawn. But
fhmsen couldn't get the Tammany people
to take OF Brady's name. The Hearst
| DpODIC U ~ " w ~ DNOillrS w FdCTlIi0
all their candidates for Congress. the State
Senate and Assembly If they were allowed
TO have their own way in making up the
Judiciary ticket. But Tammany would
not make the deal on such lines.
Breen went before the Elections Board
Yesterday and saw Commissioner Voorhis.
He made a strong protest to the Commits
sioner against having his name among the
candidates.
Percy Maggie was in the County Court
House yesterday with his counsel. Maurice
U~ntermyer, to get an order requiring the
Board of Elections TO show cause why
il should not he compelled to place the
name OF James wen on the official ballot
as the Democratic candidate for Senator
! from the Twenty-flrst Senatorial district.
Maggie was in high spirits over the decision
OF the board in granting him a certificate Of
election as a member OF the Tammany Hall
general committee, thus defeating John
F. Cowan, the Murphy candidate for leader
OF the Thirtieth Assembly district. But
when asked II he thought the certificate of
election would get him a seat in the execu-
tive committee OF the Hall, he answered
rather brusquely:
Il will never take a seat in the executive
committee. N ! get one, While Charles +.
Murphy 10 the leader OF Tammsny Hall