Newark evening star and Newark advertiser., 1910-08-30
ELECTION BOARD
IN DEADLOCK On
MUNN'S RULING
Will Not Print His Decision on
Challengers Nor Ask At
t0rney- Generals.
OPINION DOES NOT REFER
TO WATCHERS AT POLLS
Nothing : to Prevent Careful
Tally of All Voters on
Primary Day.

Two members of the county board of
elections have changed their minds
within the last few weeks and nov
want an opinion from Attorney General
Wilson instead of from County Counsel
Joseph l.. Num- as to who has the right
to challenge a voter at the primary
election. This leaves the board dead
locked on the question.
year the foard asked FOR and received
from tic county counsel an official
opinion on the same question. Mr..
Munn .hed then. as ne does now
law. as amended April Is. 1909, the
members of the district board of cleo
tion have the sole right to challenge
voters a; the primary election.
Last yea the county board accepted
MI. AIunns opinion. mad it printed and
distributed .he Various election
bo rds with the added admonition tha,
sons having a right vote should be
permitted witln the various polling
pieces.
THAT was the opinion of the election
board and net OF County Counsel Mum.
He was asied wLo had the right to
challenge a. the primary ana interpre-
ted the .aw as lie found it. He was
n
the right 10 regain in polling place
on primary day and repudlated spon-
sorsmp for tha. part of the county
bcHrd's advice 10 election officers last
/ YEAR
The county toard then recalled its
parnphie, instruction 70 election officers,
and While the election officers acting
for their respective parties still re-
tanned the ''scse2 right to challenge
voters no oblect tons were made to
the presence In The various polling
places OF agen.s or watchers for the
several candidates or groups Of candi-
dates.
On that occasion the right of the
county board TO Issue instructions to
district boards, based on its own initia
tive, or by advice OF counsel. was raised.
new question tAlse0.
This year the county board in asking
for an opinion as to the right to chal-
lenge ais asked the county counsel to
determine the right of the county board
to advise the district boards.
As 70 the Interpretation of the law
Mr. Munn's opinion. which the county
board declined to act upon last night. Is
the same AS that of last year. He adds
-
retary of State to the contraryindicate
lack of revision based on the ever
increasing amendments to the election
law
AS to the right of the county board
to furnish copies of his opinion to the
district boards, Mr.. Mum said there
was nothing inappropriate in such a
course. 1t simply advised the cleo
ton officers as to what he considered
the correct Interpretation of the law.
There is absolutely nothing in Mr..
Munn's opinion of this year. or of last
year relative to the right of agents or
representatives of candidates from re-
manning within the polling place and
watching every person who may offer
to vote.
President Edmund B. Osborne of the
Progressive League. and William p.
Martin, the League candidate for gov
ernor. seemed to think the purpose of
the opinion was to exclude everyone ex-
cept the election officers from the poll
ing places for the purpose of insuring a
machine" victory by fraudulent voting,
IL necessary.
refuse to Accept Opinion.
While such suggestion was brand
A y,
Dalrymple, of the County Republican
Committee, the two Republican men,
bers Of the board. both appointed at
the recommendation OF Chairman
Dalrymple. refused to accept the opin-
ion they had with the two Democratic
members of the board asked for on
August 8.
The opinion was received and filed
without opposition on motion of Rich
ard ]. Franz, seconded by Edward
Hartt When the former moved that
copies of the opinion be printed for the
use of the district election officers.
Harry Kalisch objected and he was
sustained by Thomas P. Alworth maxi
ing the result deadlock.
It was the same when Mr.. Kal;sch
argued that the matter was Of such i'm
portance that it would be well before
acting to ask for the opinion of the
attorney general as well. Mr. Hartt re-
marked that If the opinion of the
attorney general was no more reliable
than some recent interpretations of the
election law by Nelson B. Gaskell the
board would err If guided by II.
Mr.. Alworth. who is the regular as
pirant for the nomination for register.
said If he were TO vote to accept the
county counsefs opinion without at
tempting to obtain further one from
the attorney general. his action might
be misinterpreted Mr.. Franz said the
attorney ey-general had refused to answer
q request made by the city clerk Of
newark, and added that he didn't be-
Iieve Mr.. Gaskell would care TO have
his individual view contrasted with
tfat Of Counselor Munp. The attor-
ney-general's opinion was not asked
for.