Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-12-22
DECIDES
AGAINST
MA 7 HIS
Justice VOORHEES, Refuses
to Sign Certificate
on Recount.
LOW STILL STANDS AS
OCEAN COUNTY SENATOR
Court Holds Ballots Rec0unted
Are Not Those Cast at
the Election.
Especial to the Newark star.l

TOMS RIVER, Dec 22.-Supreme
Court Justice Voorhees, today decided
against Thomas A. Mathis In the
Ocean county senatorial dispute. His
refusal to issue certificate Of election
to Mathis means that Senator-elect
George c. Low, Democrat, will be
seated in the Senate. The only recourse
now left for Mathis Is to get writ OF
mandamus and have the matter re-
viewed by the whole Supreme Court,
and that he probably will not do.
Votes Counted Not the Votes Cast.
Tho opinion covers nine typewriter
pages and is a clear and comprehensive
review of the whole recount, from the
time of the application to the present,
and winds up by saying, II shall there
fore withhold the certificate on the
ground that the votes counted under
my order are not the votes at the cleo
ton"
The Justice insists that 'the duty OF
the Justice would not be to perpetrate
a fraud by certifying to the changed
result upon a fraudulent basis" and
quotes numerous authorities to back up
his opinion.
The text OF the decision follows:
At the general election, held on No
ven1ber 8, 1910, In the count of Ocean,
George c. Low was the regularly nom
mated Democratic candidate for State
senator and Thomas A. Mathis the reg
ularly nominated Republican candidate
for that office. Within the time limited
by the election act after such election
a petition was presented to me by
Mathis, who had, according to the can
yass and statements of the result of
the election made by the boards of reg
istry and election of said county. failed
of election.
This petition set forth that such re-
turns showed that throughout the en-
tire county George c. Low had received
2,572 votes and Thomas A. Mathis 2,491
votes for the office of State senator,
resulting upon the face of such returns
In the election of George c. Low by a
majority of 81 votes. The petition
further alleged the belief of the petit
tioner upon credible information that
errors had been made by the election
boards for the first and second dis
tricts of Lakewood township and the
township Of Dover in counting the ball
lots cast at said election. Besides set
IlTlR 1OTIn dnOS6o GiiOA Ia eiiO NOhAAe
of the Dover township vote and that
of the first district of Lakewood, the
petition stated that 81 votes cast for
your petitioner for State senator
= in the second district of
Lakewood were enormously counted and
credited to George c. Low =
That In all the election districts, in
counting the ballots, the head of the
ticket only was called off and the
names of the persons balloted for were
not read, and that upon many of the
tickets headed Democratic ticket your
petitioner name was sprinted and past
ed as the State senator from Ocean,
and by reason of the failure to read all
the names many tickets were counted
for George c. Low which ought to have
been counted for your petitioner. That
in all of the aforementioned election
districts the ballots were not inspected
at all, as the member of the board of
registry and election who counted the
same counted so rapidly that there
were at all times from four to six bal
lots lying upon the table between the
counter and the inspector, and the in
spector did nothing except number and
string the ballots and envelopes.
The petition then prayed FOR re-
CONTINUED on Eighth Page.)