Evening journal., 1915-05-26
IN COURT TO GET
Place ON BALLOT
Citizens League Seeks to
File Ticket, Claiming
Within the Law
SOLICITOR SAYS
TICKET IS BARRED

Because of doubt as to whether the
municipal ticket filed by the Citizens
League with the Department of Elec-
tions last night and this morning, was
filed within the time specified by law,
mandamus proceedings will be taken
in Superior Court or before the Court
en- Banc probably this afternoon to
determine the questions speedily, so
as not TO interfere with the city cleo
ton on June 5.
The Department Of Elections claims
that the ticket should have been filed
at least twenty days prior to election,
which would have been with the eX-
piration of May Is. The Citizens
League contends that it had up TO
within ten days of the election to file
its ticket, which would have been lp
to the expiration of yesterday. Conse-
quently they left their ticket, along
with a petition signed by twenty-five
members of the party, with the De-
partment of Elections last night.
Philip j. lsaacs, contractor and build
r..
The Department of Elections. while
il accepted the papers, has not offi-
cially accepted or rejected the ticket
up to early this afternoon. but It is
expected it will formally reject the
ticket this afternoon, after which
Robert Adair, as counsel for the Ctr
zens League, will file mandamus pro-
ceedings. He was preparing the pa
pers early this afternoon. City so
licitcr Daniel O. Hastings expressed
TO Mr. Adair his willingness to CO.
operate in mandamus proceedings tc
determine the question of whether oi
not the ticket should be given place
On the official ballot.
J. Hadley Lewis. president of the
Department of Elections, and Lam
bert J. Foulk. secretary. conferred
with City Solicitor Hastings thi:
morning and early this afternoon OF
the legal points involved. and Mr.
Hastings will submit a written opin
ion to the department this afternoon
Briefly. the city solicitor expressed
the opinion that under the law the
device for the party must be fileG
at least twenty days prior to election
but he was in doubt. because of con
fict in the law, whether the ticke
could be filed up to within ten days o
election. Should not the device b'
filed within the prescribed time. th'
department would not be legal.
bound to receive it. Mr. Hastings said
Under the circumstances of the pres
ent situation Mr.. Hastings said Their
was doubt as to whether the depart
ment could use its discretion, and h
suggested to Mr. Adair that he woul
cooperate in any mandamus proceed
ings to compel the department I,
give the Citizens League ticket I
place on the official ballot.
The Citizens League sent a lette
on May 10, to the Department of EleC
ions. in which it described what il
ievice would be. and asked the tim
within which the device and tickt
legally would have to be filed. but nc
presenting the device for filing. Lam
bert J. Foulk, secretary of the depart
nent. claims that the device was nc
actually presented to the Departme1
If Elections until this morning, whic
would place it outside the ten-da
init and twenty-day limit as we'll.
Mr.. Adair early this afternoon wa
working on papers to bring the mat
.er before the judges in mandarin
proceedings. The court, in event {
such litigation, will have to give
decision without delay. as the ballC
Tor city election has not been print
ed as yet AS now framed the ballC
contains only the Republican, Demo
,ratic and Socialist tickets.
James r: Donovan, chairman of th
NIT nf
zens' League, and DR.. Franklin {
Smith. made out the certificate film
the ticket which was acknowledge
before a notary public. This state
that the party was organized Marc
p, 1915, in accordance with the pr,
visions of the law applying to sue
parties. that it was organized aft,
the last general election and II
ticket was filed within ten lays priC
10 the municipal election.
The official name of the party is s.
'orth as the Citizens League" and II
device is described as monogra
formed of the initial letters of Il
party, &C. and L" with the wor,
Citizens League printed on the le
.ers.
These candidates are named in Il
certificates:
For Mayor, Philip ]. Isaac; pres
dent of Council, --; city trea
urer, Charles f. Park; assessor al
collector, northern district, John
Strong; southern, ; f
Council; First ward, e. ThompsC
uawk; Second, Homer S. Carr; Thir
Henry 'larris; Fourth, --Fift
Walter K Jeffers: Sixth,
Seventh, William o. Lynch; Eight
stephen F. Jackson; Ninth, Luth
A. Saltsgiver; Tenth. -; Ele
enth, ; Twelfth. Harry
Cathcart. The platform is Il
same as that printed in the new
papers recently.
At 2.3O o'clock this afternoon NJ
Hastings informed the Department
Elections not to accept the tick
OF the league as it had been filed aft
the twenty-day limit fixed 5y la,
The department will not make al
further move in the matter until NJ
Hastings written opinion on Il
question is received.
EIEHTInN HtGEG rnxn..r..,..