Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-10-16
RECOUNT GIVES
NOMINATION TO
FRED. R. LEHLBACH
Complete Returns Show His
Plurality over, Adams
Is 141.
REFERRED BALLOTS
WON'T ALTER RESULT
Lively Tilt Feature of Conclud-
ing Session of County Elec-
ton Board.

NEE of the Republican party for Con-
sress in the Tenth district, according
10 the returns of the recount COM
oleted by the County Board of Elec
tions last night. His plurality over
w. l. Lincoln Adams, who was the
victor by four votes on the original
count, is 14t votes, without consider
ing the ballots that have been re-
ferred to Chief Justice Gummere for
his opinion.
Lehlbach's plurality may be slightly
reduced as result of the action
Chief Justice Gummere may take on
the ballots when he sits here tomor-
row. II is highly improbable that
Adams can recover enough votes in
this manner to overcome his op-
oonent's lead Adams has 40 votes
to be scrutinized by the chief justice
while Lehlbach has 1903. If all of
Adamss ballots and but 30 of Lehl-
bach's are counted the latter will still
be ahead by one vote. But as the bal
lots to the court of both candidates
are similar in defects it is almost GER
cain that neither will make any great
gains%9r losses.
that the ballots, twelve of which were
for him, be referred. no action was
taken, but permission was granted
him to renew his motion at the finish
of the recount, and he did so last
night. He stated that the law speci-
fcally stated ANY mark made by
other than the voter did not invali
date the ballot" The ballots with the
crosses alongside the name of Ralph
CaI.. - I'll 80 4 g., i'm
he contended. show plainly that some
one had marked them after the voter.
A lively scene followed the compile
tion of the last box last night. Mr..
Lehlbach made q motion that the
BOARD reconsider It's action in reject
ing seventeen ballots in the Eighth
district of the Twelfth ward in the re-
count a week ago Wednesday,. The
ballots all carried erasures before the
names Of some of the shieNaltN 's-n-
q lsses. and had aIrparenriy new
erosses marked before the name of
schmidt
William c. McTague and John II.
Murray, ir,. members Of the board,
who are lawyers, agreed with Mr.
Lehlbach that there was justifica-
ton for reconsidering the ballots.
George r. Brandenburgh, the chair
man of the board, however, took an
opposite view, agreeing with Walter
f.. Hampton, counsel for Mr.. Adams
Mr. Hampton and Dougall Herr, his
associate, argued that the board had
no right to reopen the ballot box or
reconsider any rejected ballots with
out new order from the chief JUS
tice for a 're-recount.'
John l.. Cox, the fourth member of
the board, did not think there was
enough evidence of fraud to warrant
The board in recounting only that
one district without counting all the
rejected ballots in the whole re-
counted districts. Mr. Hampton
urged thai the board had no further
jurisdiction over ballot boxes. while
Mr. Lehlbach came back with the
opinion that they Mr.. Murray also
stated that they had jurisdiction
until the result was given into the
hands of the chief justice.
After argument and reply on both
sides and much discussion by the
hoard, MIR. McTague moved that the
hoard reconsider the rejected ballots
in question and Mr.. Murray sec
onded it,
Il refuse to entertain such a mo-
ton said Mr.. Brandenburg, turn
ing away. II believe the first action
of the board should stand. / declare
the meeting adjourned" Then the
storm broke.
Mr.. Lehlhach jumped from his seat
and, rushing UP TO the desk at which
the board Was seated, shouted: Cen
tlemen. | protest. I object to this
proceeding. You can't adjourn this
meeting, Mr. Chairman. I've a right
to move"
you've no right to move any
thing" shouted Mr.. Brandenburgh,
waxing warm. The other members
of the board were elamoring to be
heard, but Mr.. Lehlbact, leaning far
over the desk, demanded: Are YOU
going to stand up in this community
and tell these voters we have
the question. Are you going to do
it, he demanded. banging his fist
on the desk The tension was at the
breaking point.
The members of the board put their
heads together and whispered for a
while. Mr.. Brandenburgh shook his
head negatively several times and
then. said TO Mr.. Cox stick by your
decision. Don't let the lawyers change
it,
Mr.. Lehlbach added that the ques-
ton was the most important that had
come up during the recount. TT isn't
the FIVE votes that | might gain that
are on record. 1t is this board
Whether or not you're going to dis
franchise those voters and allow fraud
to take away their votes is the dues-
tion, and it's the board that has to
put itself on record on that question:,
he said
Mr. McTague for the second time
moved TO reconsider the ballots and
MIR. Murray seconded the motion, but
again discussion started during
which the chairman characterized the
motion as ridiculous and refused
10 put it. A few minutes lated he did
put the motion however Commits
sioners McTague and Murray voted
for II and Brandenburgh and Cox
against, and the chairman declared
the motion lost. A whispered con-
ference was then held and the ses-
sion adjourned.
Mr. Eehlbach smiled after he dis
cussion was over and the returns in
dicated his nomination. II don't care
a rap about the five ballots ne said
but the principle involved and the
chance TO get in a good debate was
too good to be lost
Mr.. l.ehlbach will have his 81 500
hond returned and the cost Of the re-
count will br charged against the
county If he had lost he. as the APP
plcant. would have had to pay
The table of boxes counted yester-
day and the grand totals under the
xasoats..od m Pare foi,uu ~