The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-11-11
GOVERNOR
RECOUNT TO
LEGISLATURE
Law Provides Method With
out Having Recourse to
the Courts.
DETAIL OF PROCEDURE
DETAIL OF PROCEDURE
Senate and House to Appoint
Joint Committee Which Will
Have Full Authority to Act.
Democrats May Call Spe-
cialSession oil Legislature.

h order TO nave b eCOuHt u lho WIZ
cast for Governor at the election last
Tuesday was made evident today by
Colonel E. Livingston Price, former
city counsel of this city. Colonel Price
says that The Legislature, according TO
law, upon$the furnishing of the proper
petitions, must take up the matter, and
by the appointment of a joint Senate
and House committee deal with the
recount proposition.
Colonel Price was one of the score OF
more of Democrats who IN
the Continental Hotel in this city yes
terday to talk over h a~dvisability OF
a recount. finally drawing up the reso-
luton to be presented to the state
Democratic Committee today for pres
entatfon to Governor Edward c.
Stokes, which asks the chief executive
to call a special session of the Legis-
lature to take up the work.
AS former Governor Franklin Muir
ply, chairman of the Republican State
Committee has gone on record to the
effect that Republicans would not block
any steps to have a recount, Demo-
Gratis who are anxious to get at the
truth of the returns e a way clear to
have the whole cloth of charges I'M
woven. Ugly stories of Illegal voting In
Hudson County, to the effect that New
York politicians had worked the docks
In Hudson County in the interests OF
Mr.. Fort, are going the rounds today,
and the indications are that there may
be a recount after all, If for nothing
more than to get at-the truth or falsity
of the charges of fraud and inaccurate
counts which initiated against the
chances of Frank S. Katzenbach, jr.,
the Democratic nominee.
The conferees today were OF the
opinion that former State Senator
Robert s. Hudspeth, after his talk
yesterday at the conference. was not
privy to any deal in Hudson, and was
absolutely sincere in his efforts to have
Katzenbach elected and to ave a re-
count of the votes.
According to the law hat Colonel Price
has found on the subject. sections 1n to
152 of the act regulating elections, II the
Democratic State Committee should
petition Governor Stokes to call a special
session of the Legislature and the chief
executive should ~acquiesce in the demand,
the Legislature, Upon the filing OF the
proper petitions, may take upon itself the
duty of investigating the recent election,
having a recount and Strengthening out the
entanglements that now seem to exist
anent the late election
If the Governor will not call the session,
the Democrats may petition for a recount
at the opening of the 1908 session. Once
legislators are in session the process Of in
vestigation Is simple and the expense In
significant In comparison to the figures
that nave been put forth hitherto, namely
800, 900. as the cost of court proceedings.
The law says that any person intending
10 contest the election of a Governor with
in thirty days after such election shall
give notice In writing to the person whose
election he intends to contest, stating such
intention and giving the facts and charges
upon which he intends to rely. The notice
is to be delivered at or to be left open at
defendants usual place OF residence with
a member Of the family over the age Of IA
years.
In the next section the law goes on to
say that the contestant shall address and
deliver to the president of the Senate, as
soon as that body has been organized, a
petition in writing setting forth the con-
testant's intention of questioning the cleo
ton of the Governor. and asking that a
joint committee of the Senate and House
be appointed to try the case.
Upon the receipt of such petition and
s-ubstantiation Of the charges the President
Of the Senate is obliged to notify both
houses Of the Legislature. They shall
agree upon a day to " in the Senate
tndInDeT 10 appoint SUCH a COmmlCIee,
within ten days after the receipt Of the
petition and proofs.
In the next section h procedure for the
appointment of such committee is outlined
In detail With the President of the Sen
ate presiding Mt the meeting. the names
of all the members of the Senate shall be
written on distinct pieces of paper. Having
been rolled up, placed in a box and mixed
they shall be placed on the desk of the
President Of the Senate.
The secretary Of the Senate shall Their
take the pieces of p from the box ans
singly deliver them to the Speaker of the
House, who shall read them aloud slngly
as he gets them, and deliver them to the
President of the Senate, who is obliged t.
have them lie opened upon his desk. Til,
clerk Of the House of Assembly shall there
upon write down the names OF the Sena
tors who were the first ten drawn and th'
drawing shall cease.
The same procedure Is then gone through
as regards the members of the lowe
house. the President of the Senate and tn,
Speaker of the House changing places il
the duties they had performed In drawing
the names Of the ten Senator'S.
The names Of twenty-nine Assembiymel
are drawn. That done, with the names O
the ten Senators and the twenty-nine As
semblymen the principals in the contes
or their counsel must go to an ante-roon
where a clerk or a member appointed b.
Joint vote Of the Legislators. names ar
struck off the list alternately until Their
are four Senators and nine Assemblymel
left on the list to form the committee
The contestant has the privilege of strlkin
off the first name. Within an hour thes
names shall be delivered to the presiden
of the Senate. The oath or affirmation give
TO the members of the committee by tn
president of the Senate, a time must b
set within twenty-four hours for the frs
meeting Of the select committee, by a join
vote of the Legislature.
So as to admit OF no fraud or deception
the names of the remaining Senators an
Assemblymen are read aloud once NOR
by fhe president of the Senate and tn
speaker of the House respectively, to Sc
that The numbers tally and the like. ]
there has been any fraud or an error, tn
process must be gone over again.
The law provides for the election of
chairman by the members OF the commit
tee. and In case of a vacancy a majorit,
OF the votes of the committee MAJ selec
q legislator whose name had not bee
stricken from the list. The vacancy mus