Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-06-24
FUSION ILLEGAL,
ASSERTS M'TAGUE
Lawyer Says Statute Expressly
Forbids Merger Endorsements
FOrbids Merger lndOrse-
DECLARES COLBY MUST
CHOOSE ONE OR OTHER
He Quotes Sections of Law in
Support of His Con-
tention.

William McTague, a member of the
county board of election, contends
in a statemen issued today that no
fusion is legally possible between the
Progressive and Republican parties
IN a primary election.
He maintains that no one candi-
date can be lawfully Endorsed by both
parties. His reference is specifically
10 the proposal that former State
Senator Everett Colby should enter
the gubernatorial lists as a fusion
candidate The statement follows in
FULL
There have recently appeared arti-
Giles in the newspapers on the subject
of fusion between the Progressive
party and the Republican party. Vari-
BUS persons have issued statements
favoring the Endorsement for Governor
Of a well-known Progressive of Essex
county-former State Senator Colby.
The authors of the articles on fusion
Seemed to be under the impression
that a person can be legally Endorsed
by both Progressive and Republican
parties at the primaries.
One writer, who as a lawyer should
have known better, has created this
Impression. and other iaymen have
fallen into the same error. The law
Yer bases his contention on Section
81. laws of 1911, chapter 1873, the
Geran act, as amended by section "a,
chapter 81, laws of 1912. The con-
fention is erroneous, however, because
u =
pnly to general elections.
Statutes Governing Case,
The statutes that govern the nomi-
nation and Endorsement of candidates
Tor the office of Governor are as fol-
sows:
: Chapter 1888, section 81. laws of 1911,
Generally known as the Geran act,
provides
All candidates of political par
ties. as defined in the act to which
! this act is a supplement, for the
office of Governor or Representa-
tive in Congress in this State, shall
! be nominated directly without the
Intervention of delegates or con-
ventions at the primary elections
held in September pursuant to the
Z act to which this act lis supple
naent and acts amendatory thereof
and supplementary thereto. Not
less than 1000 voters of any po-
: litical party may file with the Sec
. rotary of State of New Jersey
: petition indorsing any member of
(. their political party as candidate
: Tor nomination of said party to the
: office of Governor, and requesting
4. that the name of the person so in
: dorsed be printed upon the official
+, primary ballot of said party.
This section is plain and unam-
ibiguous. The reader will note that
3 Republican cannot legally indorse
. Progressive, nor vice versa. Using
sthe name of Mr.. Colby for the pur-
pose of illustrating the legal opera
sl.on of this section, we find that II
MIR. Colby should become a candi-
date on the Progressive ticket 1t
'wonld be necessary for him to secure
the Endorsement of one thousand
.Progressives. If one person who
Noted in the Republican party pri-
mary of 1912 should sign Mr.. Colby's
nominating petition 1t would be de-
fective. and could be rightfully and
legally rejected by the Secretary of
state. and the various county clerks
could rightfully and legally refuse
to print his name on the primary
ticket.
J And If He Returned to G. o. p.
If Mr.. Colby should decide to re-
turn to the Republican party no
Progressive could legally indorse him.
, No member of a political party
which at the last general election
spolled for members of the General
Assembly ) per centum of the total
vote cast can be a candidate at the
primary election for the nomination
cf governor in more than one party
Urinary. A member of one party
Cannot indorse a member of another
party.
; Persons who without competent
Knowledge of the state of the law in
New Jersey on this subject are
talking fusion at the primary would
DO well to have before them section
ri of the laws of 1903, chapter PAS
This section provides that:
No member Of one political
= party shall sign his name to any
! petition purporting to indorse any
: person as a candidate for dele
? gate to the convention of another
: political party, nor shall any
) member of one political party
!. vote in the ballot-box used for
: the primary election of another
! political party; any person who,
: being a member of one politi-