Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-09-12
GEBHARDT'S NAME
KEPT Off BALLOT.
Attorney-C Generals Office Gives
Written Opinion Withdrawal
Is Legal.
fFrom a STAFF correspondent.1


TRENTON, Sept. 12.-Assistant At
torney-G General Nelson B. Gaskill to-
day gave a verbal opinion to Job H.
Lippincott, assistant secretary of
state, instructing him to notify all
the county clerks of the State not
to print the name of State Senator
William C. Gebhardt, of Hunterdon
county, on the primary tickets as a
candidate in the Democratic presi-
Dental primaries for United States
senator.
Mr.. Gaskill promised Secretary of
State Crater a written opinion later
in the day embracing his verbal de-
cision. The opinion this morning
was given so as to expedite matters
relative to the printing of the bal
lots.
Mr.. Gebhardt's letter of resignation
came to the secretary of states office
yesterday, and on its receipt 1t was
announced hat 1t was a question
whether he could resign at this time.
He gave no reason for his with
drawal, merely asking that his name
be not printed OF the primary ballots.
Mr.. Gaskell's opinion to Secretary
of State Crater. in which he holds
Senator Gebhardt as one of the United
States Senate race is as follows:
81 am in receipt of your letter of
September IL, advising this depart
ment that the Democratic candidate
for Endorsement for United States
senator has filed with you a written
withdrawal as such candidate, with
reference to which you ask to be ad-
vised whether the secretary of State
may lawfully receive and file such a
withdrawal at the date of filing Sep
TENDER IL. 1912. In my judgment the
secretary of State is warranted in
receiving the d~eclination and in no
tifying the clerks of the various
counties of the State not to print
upon the primary ticket the name of
William c. Gebhardt as a candidate
for Endorsement for United States
senator, ! base my conclusion upon
paragraph A of the secretary of
State pamphlet of 1912, which pro-
vides when any person nominated for
public Office by any of the modes in
this act provided shall. at least,
thirteen days before the day of cleo
ton in a writing signed by him and
duly acknowledged, notify the officer
with whom the original certificate of
his nomination was filed that he de-
clines such nomination the same shall
be void and his name shall not be
printed upon the ballots.
1.-THE petition filed ~indorsing Sena-
tor Gebhardt was a nomination by
of the methods provided by the cleo
ton law. and is equivalent therefore
of the certificate of nomination re-
ferred to in the paragraph to which
l have reefrred, the withdrawal hav-
ing peer filed upon the 18th. vas filed
thirteen days prior to the primary
election, and therefore within the pc
riod contemplated by the statute.
This nomination having been by
petition, it would seem to be your
duty to inform at least five of the
persons who signed the petition of
such withdrawal, in addition to the
clerks of the various counteis, to re-
frain from printing the name of Sem
ator lGebhardt upon the primary
ticket.
Your letter calls attention to the
provisions of Paragraph 274, of the
same pamphlet. as possibly inconsist-
ent with the provisions of the para
graph which l have quoted. This sub
seouent paragraph seems to me by
its language to refer, however, TO
persons who are nominated as can
didates by petitions filed with NUM-
cipal clerks, and it does not seem I"
me, therefore, to be inconsistent with
the PROFESSIONS. of paragraph "A in the
application Of the paragraph to an
office. nomination for which is made
by petition filed with the secretary
of state, who is not a municipal
clerk.