Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-23
COURTS DECISION |
AGAINST MOOSERS
IN PRIMARY FIGHT
Only They Who Didn't Vote
Last Year Can Cast Ballot
for Progressiyes.
JUDGES OSBORNE AND
MARTIN MAKE RULING
Declare Election Law Badly in
Need of Revision-Many
Lose Vote.

Persons who voted in the Repub-
lican or Democratic boxes at the last
primary election could not vote in
the Progressive box today That was
the decision rendered jointly by
Judges Harry Y. Osborne and william
P. Martin at 10 o'clock this morning
following an argument Of more than
an hour before them bv men from the
Ninth ward who came before the
judges for the purpose of a test case.
The men We're Aldermanie Candi-
date Charles II. Walker, Of the Ninth
ward; Harry Wright from the Pro-
gresslve county committees Joseph
A. G. Bauderman, 364 Peshine ave-
nue.; John P. S. Lower. of ia Eliza
beth avenue, and Charles A. Hess.
Of Is Emerson place. all from differ
ent districts of the Ninth ward
The case of Mr.. Bauder1nan was
the first brought up. He voted at the
Democratic primary a year ago. and
this year desired to vote in the Pro-
gressive box in the first district Of
the Ninth ward. Two years ago Mr..
Bauderman was a candidate against
Mr.. Wright for alderman in the Ninth
ward. and this year is running for
Progressive county committeeman
from his district
The party went first before Judge
Osborne, who reached the Court House
shortly after s O'Clock, and explained
the situation TO him. Judge Osborne,
after listening to citations from the
Geran law which Messrs. Wright and
Walker contended gave Mr.. Bauder-
man the right to vote in the Progress
sive box. said. 'fThe very object of
this law is to prevent one political
party from mussing and mixing in
the affairs of another. II was design
ed to prevent the bosses" or what
ever term you choose to call them
by. from mixing up in affairs of rival
parties and TO prevent them from
getting together and forming COM
binaticns. The main object of the
law was TO preserve government by
party.
Not I'm Existence Last Year.
1t had been pointed out by Messrs.
Wright and Walker that the Progress
sives had never been able to hold a
primary before as the party was not
IN existence at the time of the last
preceding primary and that therefore
men who now wished TO vote in the
Pragressizze- hox-had had no chance
to comply with the provisions eff the
Geran act. which provides that a
party must vote in the same party
box this year that he did last year.
For that reason they contended per-
sons who had voted for the Progress
sive candidates last fall as Mr.
Bauderman was willing to swear he
did should be entitled to vote In the
Progressive box at the primary today
They admitted that they were both
cred by some of the provisions of the
act and did not know just how what
they wished could be accomplished.
Inv should Be Revised.
Il do not wonder you are both
ered.' remarked Judge Osborne, for
anyone who has had anything to do
with this act is bothered. What
should be done is that general re-
vision OF the law should be made.
do not mean amendments should be
made, but there should be a general
revision SO as to reconcile all the diff
ferent sections of the act
Judge Martin entered at this stage
and after the situation had been ex-
planned to him took the same view as
Judge Osborne that under the Geran
law there was no provision for per-
sons who voted in the boxes OF either
the Republican or Democratic par
ties last fall to vote in the Progress
sive box this fall.
New voters and those who did not
vote for either of the older parties
last fall were those who were eligi-
BILE to vote. ruled the judges after the
argument had lasted considerably
over an hour.
"That means that I cannot vote
for myself" remarked Mr.. Bauder-
man as he left the court room. At
the door the party met half a dozen
men who were waiting for the de-
cision. as they had been barred from
voting for the same reason as Mr..
! Bauderman. There was some talk
of appealing to Chief Justice William
S. Gummere for an opinion in the
matter but no steps were taken in
that direction.
Among the men who were pre-
vented from voting by the ruling OF
the judges were Frederick A. Fischer.
of rs Pierce street. a Progressive As
sembly candidate from the Thir-
teenth ward; William r. Price. Of
| ia Myrtle avenue, Irvington, who
had attempted to vote in the Third
ward first district in Irvington, and
John Wright, of 80 Bruce street, who
had been turned down in the eighth
district of the Seventh ward. A
number of other disappointed voters
showed up later. while the telephones
in the clerks office and in the county
board of elections were kept busy all
/ day long by voters kicking because
they had been deprived of their right
of franchise.