Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-09-25
COUNTY BOARD
BEGINS HEARING
ON REGISTRATION
Judge Martin I~nstructs 1t to
Pass on Testimony Concern
ing Alleged Frauds.
"GERAN LAW MUST BE
BROADLY CONSTRUED'
Decides Against Gaskill's Ruling
Regarding Requirements
to Vote.

noon started hearing evidence of illegal
registration as placed before it by
Frank Fl. Sommer and Jerome L. Con-
gleton, representing the Progressive
Republican League. and Frank A.
Boettner, representing the Wilson
Democratic League.
Following the issuance Of the order
Judge Martin took occasion to give a
long talk on the Geran election act and
to instruct the county and district
boards Of elections and all officers in
any way connected with the casting of
the ballots tomorrow in their districts.
He decided that all candidates at
election have the right to name their
agents or c~hallengers, and also de-
cided hat any person who desires to
vote at the primaries tomorrow must
register for the general election to-
morrow before the primary officers can
accept his ballot for the primary.
In these two decisions he goes d.
rectly against the ruling of Assistant
Acknowledgement Nelson B. Gaskill In
reply to Chairman r. H. McAdams, of
the Union County Board of Elections.
Gaskill ruled that a person voting at
the primaries of one political party last
year Is restricted to voting at the same
party primary tomorrow, unless re-
lieved from the restriction by having
his name stricken from the old registry
list. Mr.. Gaskill admitted that the
law Is open to construction on that
point.
Judge Martin held that the law was
clear and that all persons must regis
ter for the general election before vot-
ing at the primary no matter what
party ticket he voted last year.
The representative parties named
have gathered evidence in about
four hundred cases, where the names
of men are on the registry lists
In the different districts. and which
they claim investigation has shown do
not live at the addresses given. The
most striking example cited was in the
case of the Willard Hotel and annex,
at 263 and 223 Market street, the annex
being at the latter address.
On the registry books of the third
district of the Fourth ward seventy
one names are listed as living at these
two places. Investigation showed, 1t
is said, that the lodging houses had
DCcn CIObcu y I'll LIOilIb, lIl0
names having been carried over from
the previous election.
In deciding the matter Judge Mar
tin said in part: THE question at issue
here Is the proper construction of sec
ton 81 of the Geran law, which states
that the election board must meet on
the first Friday after the primary reg
istration day, which this year came
On Tuesday, September 70, for the pur-
pose of revising and correcting the
primary registration list.
this meeting 1T shall be the duty
of the County Board of Election to
strike out h names of all voters who
are shown not to qualify under the law
and transmit a list of such names to
the different district election boards for
use on primary day.
should BE Construed Broadly.
THE court is not unmindful as 10
the construction of the act as to its
remedial nature, and believes 1t should
be construed broadly. The object of
the law Is to see that elections are
conducted honestly and fairly, and no
1ne-spun theories as to limited power
should be permitted, unless the words
can bear no other construction to limit
the court or County Boar of Elections
or any other public official In the at
tempt to secure an honest election.
'"The court directs that the County
Board of Elections shall Immediately
convene and listen to such legal testi-
mony as has to do with false or fraud
ulent registration in the different dis
trlcts of the county"
When he had finished the order to
the board there was q general move on
the part of the lawyers and probably
twenty people who had listened to the
hour-and-a-half hearing to leave the
COURTROOM. but Judge Martin called
them back, saying:
"The court feels that 1t Is not miss
at this time TO direct the attention OF
the County Board of Elections, district
boards of election, the peace officers oil
the county, c~onstables and policemen
and others having to do with any part
Of the election machinery, and also the
attention of citizens generally, sto Ger.
tain matters of great Interest"
Something Unusual for Court.
Continuing. he said in part; IT may
, add 1t Is something unusual, perhaps
: for the court to announce in a case OF
. this kind its opinion on matters that
are not strictly relevant, but this de-
parture from the ordinary and the
: usual course may be sustained or
the theory that an once ot
: prevention is worth a pound Of
: cure. 1t is a well-known fac
that both general elections and pri-
mary elections here in the past have
? been tainted with fraud; money spent
freely. colonizing and other crimes
: against the ballot.
. 1.-THE court Is not unmlndful of the
{ fact that lodging houses have beer
filled with persons from canal-boats il
the Passaic river and that colonies oil
voters nave been brought here from
: New York and Philadelphia.
1.-THE court is not saying anything
new. The court knows from its owl
knowledge and information of devious
conduct in elections in the past. Thu
conduct must stop. h power of thii
e court will be used to the uttermost II
O stop fraudulent elections"
d ut is almost impossible for fraud t.
be committed at any election withou
the active connivance or neglectful con