Evening journal., 1914-07-18
court NTERPRETS
THE ELECTION Law
Thinks Efficient, Reasonable
and Fair-minded Men
Should Be Named
FEW ERRORS DO NOT
NULLIFY THE LIST

The decision of Judges Boyce, Con-
rad and Rice in the mandamus case
over the appointment of some Demo-
cratic registration officers to which
Chairman James Salisbury objected,
is Of interest because Of settling some
mooted questions about the selection
of registrars. In the course Of the
decision setting aside four Demo-
cratic appointments and sustaining
two appointments of the six Mr..
Salisbury objected to, Judge Boyce
said in part:
First, we deem it important to say
that in the selection of persons for
registration officers too great care
cannot be exercised Efficient. iea-
sonable and fair-minded men should
be appointed-men who will dis
charge their official duties faithfully
without bias or prejudice. An error
in residence or disqualification as a
voter I'm a particular district should
not prevent an appointment from the
rest of the list for such district If
composed of proper persons. A spirit
of fairness dictates such a course.
One list from each Of the two lead
ing parties covering the districts Of
the entire city is all that is required
by the statute. The practical effect
of this is that it constitutes a distinct
list for each district.
"a fatal defect in the list with re-
spect to one or more districts does not
have the effect in law or good reason 20
vitiate and make illegal the remainder
of the list. So far as the list which Is
required to be filed is in full compliance
with the statute with respect to one or
more districts, it is good and sufficient
as to such district or districts. The list
filed with the Department OF Elections,
which has been under consideration
does not appear to have been prepared
with careful attention; but this fact
does not warrant the action taken
thereon with respect to some of the dis
tricts in question The object of the
statute is obvious and the appointing
power should never lightly disregard its
mrhe Department of Elections in
making the appointments Of registration
officers must. as a preliminary step, de
termine whether proper persons have
been named in the lists filed with them
and whether the qualifications required
bv the statute exist; but such determi'
nation is administrative and not OF such
judicial and final character as VIII pre-
vent a review of their action by manda'
mus"
In considering the return fled by the
non.r+rnent Of Elections. the court said
Review of Answer.
with respect to the three disrlct'
I accredited with two Democratic ap
pointments, it is averred in the re
turn as to the first mentioned ina
onk of the persons on the. list, nam
ing him. does not reside at the ad'
dress given: as to the second, tha'
one Of the persons on the list, naming
him. does not reside in the district
and that two other persons on the
list. naming them, do not reside a.
the addresses given; as TO the third
! that one of the persons on the list
naming him, does not reside at tn'
address given. but at Atlantic City
State of New Jersey. With respecl
to the remaining three distrlets &C
credited with one Democratic ap
pointment, 1t is averred as TO the mrs
mentioned that three OF the persons
on the list, naming them, DO not re
side at the addresses given, as 10 Ih'
, second that two of the persons, nam
ing them, do not reside at the al
dresses given, and which are not 10
Gated in the district, and that one o
the persOns named, is not a qualihe'
voter. and as to the third, that on
of the persons named removed from
the address given before filing list
and another person named does no
b reside at the address given. The re
3 turn must not be uncertain, argu
= mentative or evasiye.
"The averments in the return tha
> certain persons named in the lis
. filed do not reside at the addresse
l given without further averring tha
snch persons are not residents OF tn
i' respective districts for which the
+ were named is not sufficient answe
d TO the alternative writ.
:, "The averment that person name
in the list does not reside in the dis
trict for which he was named is sui
ficient. The averment that a perso
d named in the list is not a voter in tn
y district for which he was named
IS fact admitted in this case, is suffi
cient. The statute makes II manda
Il tory that the names of three person
It shall be furnished for each appoint
y ment accredited to any politics
o marty. So that where two appoint
ments are accredited to a party fo
l. any district, and six names as r.
i ouired have been submitted for this
It district in the list required and tn
l. return distinctly and sufficient
J. shows that one or more of such pei
sons is disqualified. the list with n
.pect to such district does not compl
with the requirements of the sta
t ute; and the Department of Election
is may. as to such district, disregaI
4 the remaining names on the list, an
IS appoint other suitable persons.
q "The same principle applies whe
y only one appointment is accredited
y a party. And if, in such a case, 81
3 names are furnished, and three of II
names are properly qualified person
e the appointment must be made fro
- the list"