The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-13
SHERIFF FRANCIS STILL IN.
CLOSE MARCHES ON THE OFFICE
AT THE HEAD OF HIS LAWYERS.

mouth county now has two Sheriffs. The
two Sherihfs met in 4 hloodless battle this
morning in the courthouse here TO see who
should have the Sherif's Office. Sheriff
G.. Asa Francis, the Republican who was
declared elected last November by the
oanvessers, refused to turn over HE Office
to Charles F. Close, the Democrat declared
elected on the recount. Now Mr.. Close
says he's going 10 Trenton to zee what the
Governor is going to about It. Mean
while Sheriff Francis is holding the fort
here with his lawyers and declares that
IL will take more than q recount Of the kind
his opponent got to put him out Of it.
Mr.. Close, who was declared the winner
on the recount by the narrow margin OF
nix votes, appeared at the courthouse this
morning surrounded by his lawyers. He
presented the certificate Of election issued
30 him by Judge Herdrickson as a result
Of the recount and demanded to be sworn
In as Sheriff. Sheriff Francis appeared
With his lawyers and demanded that Mr..
Close should not be sworn in as Sheriff.
Eheriff Francis, through his lawyers, as
serted that he held the SheriT's office by
virtue OF a commission issued by the Gov
eFnor and that while he had such possession
nobody could be sworn in 10 take his place.
he also made the point that his opponent
couldn't be sworn in because the law says
the Sheriff must take his oath within ten
days OF election. Mr. Close couldn't very
Well be sworn in within that time for the
simple reason that the recount has taken
I've months.
County JudCn Foster ended this argu-
ment by swearing in Mr. Close as Sheriff.
Sheriff Francis, surrounded by his lawyers,
executed a mastery retreat 10 the Sherif's
office, on the other side Of the court house,
and awaited the approach OF his adyersary's
forces. Some Of the Monmouth farmers,
who nave been all worked up for five months
over this recount, stood around expecting
10 see the fur fly, but it didn't, The new
Sheriff proved 70 be the poiitest man in the
world. He walled IN very deferentially,
bowed to Sheriff Francis and said, with the
sweetest kind Of A smile
Il claim that I haye been elected Sheriff
OF this county and I now demand possession
Of your Office"
And l claim that you haven't been
elected Sheriff of this county, and upon
advice of counsel I refuse to surrender
this Office" replied Mr.. Francis, whose
sandy hair Just oristled.
That was about all here vas TO the
BC6ut lc "il-l.. -IDAlIIlOtlL! I!d- lIOhtu lcI-
ward with such interest. Sheriff Francis,
seeing that the enemy was not going to
force matters, said that of course he didn't
want anything that he wasn't entitled to.
Not even if there are a million dollars at
stake, M said in a voice chat thrilled his
friends among the farmers
Asa" sal! Lawyer (. W Arowsmith,
head Of the Close forces, with his most
benign smile, Il will do you the justice of
saying I think that is wight. You don't
wan the office under such circumstances.
They all cal Sheriff No. ! Asa around
here, even tee enemy After these pleas
antries had been exchanged in place Of
the heavy artillery that had haen expected
the Close forces withdrew to plan a
march on Trenton for raenforce nents.
At Trenton they are going 70 ask Gov.
Stokes 70 takc away Sheriff Francis's COM
mission and give one 70 MIR. Close A
rumor from Trenton tonight is that the
Governor has already consulted with his
Attorney-Gene:al and has been advised by
him not TO obIge the Close forces, They
will be told. it Is said, that even with a
recount Law and a plurality Of six votes the
first Sheriff is the real Sheriff until ne has
been ousted by a quo warranto suit. That
IL tho way q recount has worked ont in this
" State.
aberif Francis declares that the recount
law Is a. farce. Sheriff Close says that it is
al right and that it will land him in the
'Hherff's Office before he gets through with
out ecouse to quo w%arranto. Most Of the
Monmouth people would ike something
done quick because they're pretty tired of
The business of recounting.
It has gone on for over FIVE months
When it began Monmouth's court house
was surrounded by crowds. There were
only the lawyers in at the finish, because
everybody else had got tired Of it months
9 They wouldn't croes the street now
70 eee whether or not they agreed with the
there for purposes Of Identification and
that the ballot SHOULD be thrown out. The
microscopes Of Monmouth were all put
back IN their cases months ago. Some of
them showed the pinholes and some didn't,
depending largely OF the point of view of the
When Monmouth started In on its recount
everybody thought it wouldn't take any
10 go over. But every one was mistaken.
Jersey Justice may be swift, but Jersey
recount isn't The law was passed in 1898
and tn many Of it's provisions bears a SINH
!taEttY to the 30 called Raines bill intro
Auoed for Mr.. Hearst's benefit in the New
.Tork Legislature.
Under New Jerseys recount law all a
candidate defeated on the original returns
needs to do is TO- lodge a petition with the
court declaring that It is Ills belief that he
was elected This must be lone within
Sen days Of election If the candidate
makes good his assertion the State pays
tho bin: II he doesn't he foots it himself,
The law had never been invoked In any
large contest before.
The Board of County Canvassers, con-
sisting Of two Republicans and two Demo-
Gratis, last November declared Francis
elected by eighty-ave votes. after one Of
the hardest political battles Monmouth
had ever seen. Francis. who halls from
Long Branch and is a former State Senator
and a veteran OF many campaigns, thought
he was going to win easily. Close, who
comes from Matawan, got the Demo-
cratic nomination. and then upon his prom
lee TO clean up Long Branch and see that
Asbury doesn't hit the booze this summer
he got the Prohibitionists to indorse him.
He made a campaign as a reformer who
was going TO mak the seashore resorts as
clean as a camp meeting. He invoked the
recount law as soon as the returns were in
and lodged his protest when Francis got his
certificate and was sworn in as Sheriff.
Under the Jersey law the recounting is
done by the four members Of the canvassine
board with the Judge Of the Supreme Court
Of the district sitting as a fifth member
But about all the canvassers do ia the work
Of tabulation. The Judge passes on the
ballots. n this case It was Judge Hendrick-