Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-10-19
.LEHLDACH'S NAME
GOES ON TICKET
Receives Certificate of Election
as a Result of the
Recount.

An order canceling the certificates
of nomination issued TO w. l. Lincoln
Adams as the Republican nominee
for Congress in the Tenth district,
and issuing new one to Frederick
r Lehlbach in his place, was signed
| by Chief Justice Gummere Saturday
night Mr.. Lehlbaeh's certificate was
made out by County Clerk McDon-
ough today.
AS soon as the county clerk re-
/ ceived word of the chief Justices de-
cision orders were given the printer
to 60 ahead with the printing OF the
sample ballots for the district with
| Mr.. Lehlbach's name on the TICKET.
orders had previously been given fof
the printing of the Eighth ana Nintn
districts, but the Tenth was heio up
pending the official outcome OF the
recount. /.
Mr. Lehlbach's exact plurality IN
the whole district cannot be deter
mined because his opponent conceded
| his election after the chief justice
had made one ruling on batch OF
ballots referred to him.
on Saturday the chief justice TOOK
samples of three kinds of ballots re-
| ferred to him, one batch those with
name written in without a cross, an
|
snaces and the third, ballots with the
words yes or mo- written after a
local referendum There were "a
Adams and SO Lehlbach votes In the
first class, those with names without
q cross.
on these the chief justice ruled that
they were not marked ballots and that
they should count for all the candi-
dates voted for, with the exception OF
where the voter wrote in word On
this point, he said the law sets forth
that q marked ballot is a ballot con-
| tanning a mark not allowed by law
The writing in of name is an act
specifically allowed by the law, the
chief Justice said. The omission of
the cross did not make the vote on
that one candidate valid. but, ne held,
the absence of the mark could not be
construed as the presence of mark,
and therefore II was not a marked
ballot.
AS the conclusion of the recount
showed Lehlbach was 141 votes ahead
of Adams, no matter which way the
chief Justice decided on this one group
of referred ballots, Adams could not
win. If all of Adamss 10 referred
ballots had been allowed, Lehlbach
had to get but 30 TO be a winner by
one vote If this first of referred bal
lots were thrown out Adams would
have lost 81 and been put out of the
running, while the allowance of the
class gave Lehlbach 36 votes. enough
to clinch the nomination.
Dougall Herr counsel for Mr.
Adams, at this point conceded his OPP
ponent's nomination. AS Lehlbact
gained sc votes by the courts ruling
and Adams 81, Lehlbach's net loss or
this one class was AS votes, making
his plurality SO over Adams.
Mr.. Herr asked for rulings on the
other ballots as guide to the County
Board of Elections in other cases
The court ruled that cross In o
space where no name appeared made
the ballot a marked one. There wers
"a Lehlbach and IL Adams in this
class. The writing of yes" or mo
before a referendum, even IL the ballo
were not printed right, invalidated the
ballot, because the law says that tn,
only way to vote is by n cross, ant
, any writing other than that of &
, candidates name made the ballo
void.
Friends Of the victorious candidat,
congratulated him after the result
was announced. An additional ordei
was made later refunding the $1.5O'
, bond that Lehlbach put up to covel
the expense of the recount in case h,
lost
Mr.. Herr later issued a statemen
in behalf of his client pledginl
Adams's support to Mr.. Lehlbach ant
extending his congratulations Mr.
Herr said that 1t was his belief tina
no fraud had been committed ans
] that any errors that had been dis
covered were the result OF ignoranc,
or accidents.