Evening journal., 1910-06-07
HISTORY OF THE
ELECTION CASES
Had Been Pending in City
Council and the Courts
for About a Year
TOOK APPEAL FROM
COUNCILS FINDING

A number of sessions were held by
Council in hearing the evidence In the
Allmond-Ross and the Allen-Rash city
election cases which were decided by
the State Judges to-day.
Headed by j. Edward McNabb, the
subpoena servers, including Clerk OF
Market Thurston NJ Lowe, BALM OF
Council James ]. Riley and Coal OH
Inspector Frank j. Quinn, all reward
ed since, with the offices they now
hold. proceeded to serve the supoenas-
The first hearing was held on Mon
day night, July II. J. Harvey White
man apepared for the Democrats and
Harry p. Joslyn represented Council
man Rash. Mr.. Ross could not be
found and was not personally served
with a subpoena He ignored the
proceedings and was not represented
by counsel at any Of the hearings.
Evidence was taken every night with
the exception of Saturday night and
Mr.. Joslyn was given until Wednesday
night, July p, to present his side. All
the evidence was in by July 2S, and on
Monday night. July p. final argument
was made by Mr.. Whiteman and Mr..
Joslyn
The evidence heard in the cases re-
ferred principally to alleged frauds
committed in the Fourth district Of
the Second ward.
on Wednesday night, July %, Coun-
Gil declared DIR. Almond legally elected
to the office of city treasurer and Mr..
Allen was seated as Councilman from
the Second ward. on the same night,
Deputy Sheriff Joseph II. Bartlett
served President Of Council Banning,
Thomas S. Lewis, the then clerk of
/ Council, and each Councilman with a
writ commanding them to produce all
the registration and election books
and the evidence taken in the proceed
ings in Superior Court ON September
goth.
Frank Z. Spealman. former pro-
thonotary. who was among the spec
tators at this meeting, expressed the
opinion that the Councilmen by con-
tinuiug placed themselves in contempt
of court This opinion was not held
by some Democratic attorneys present
and it was decided to proceed with the
meeting.
The Republican Councilmen and
Clerk Lewis placed themselves or
in the proceedings on the ground that
they did not wish to place themselves
in a position to be adjudged in con
tempt of court. For this reason Mr.
Lewis refused to administer the oatl
I Of Office to Mr.. Allen. John ]
Monaghan, a former Council clerk
came to the rescue, however, and as
notary, he filed the bill
+ Adjournment was taken to the fol
I lowing night, but the Democrats
members of Council decided not L
transact any business on that even
, ing. and instead took a recess unit
Monday night, August ?. At the meet
ing held on this date Mr.. Allen, VIII
was seated as the member of the Sec
ond ward. failed to put in his appear
o ance, and Mr.. Rash. as usual, occu
T. pied his seat. Mr.. Allen, it was sal
o by Mr. Kane of the Fourth ward
would make no effort to assume hi
seat until the court had passed Of
the matter.
on September 20. the members o
Council filed their return in the Super
ior Court to the writ in the cases. Cit
: Solicitor John w. Brady. on behalf o
i Council, filed all the records in tn
contests
on September %. the Superior Cour
granted an extension of time for film
exceptions TO the return made b
Council until Tuesday, September q
L Robert II. Richards and p. G. Garret
appeared for Mr.. Ross and Mr.. Josly
n appeared for Mr.. Rash.
j. Harvey Whiteman opposed th
d extension.
on September 2S the exceptions wer
fled They principally questioned tn
right of Council TO hear the contes
proceedings. and a still more importar
n question was that of the legality of th
d last city election in view OF the act
n passed by the Legislature.
S. The argument in the cases bega
y in the September term Of court wit
all judges sitting with the exceptio
of Chancellor Curtis From time I
time adjournments We're taken and Il
court sat on days to hear additions
arguments on the various poin
brought up by tho attorneys intereste
in the cases. The court had the ma
!