New Britain herald., 1915-10-09
PlalnV7Me News WILL SEEK RECOUNT
 AT MEETING MONDAY
Democrats Decide to Formally Doubt Decision Of Moderator
WILL MOTION BE IN ORDER?
E. A. Freeman Claims Question is One for Courts to Dccidc-V7shor Would Refuse to Surrender BaiIot-Select- men Defer Organizing.

men Defer Organizing.
 While opinions differ as to the le- gality of any action on the part of the voters regarding the decision of election of William J. Johnson as first selectman, it was formally announced today that the democrats propose to test the strength of the argument that a recount is permissible without an appeal to the courts. They will make an attempt to have the matter threshed out at the adjourned annual town meeting Monday night, probably bringing the matter before the voters by introducing a resolution in which the moderator's count will be doubt ed and a recount asked for
 William c. Hart, who ms he might have been elected. had the moderator ruled properly on the le- gality of certain ballots, held a con- ference this morning with M. A. Nor ton, chairman of the democratic town committed and at his suggestion the latter agreed to bring the matter to the attention of the voters Monday night. MT Hart expressed the belief that he did not get square deal in the count Monday. He believes that the ruling of the moderator to the effect that "X" marks did not serve as a vote for first selectman on split ballots was not in accordance with the law. It is his contention that MT. Dresser was in error and he wants the ballot box opened and the votes designated by the ''Z'' included in the total.
 In view of the fact that Monday nights sesson is but continuance of the meeting last Monday and will be held under the same call, the demo- crats claim voters will have the right to doubt the decision of the modera- tor and get a recount Chairman Norton concurs with MT. Hart in the opinion that he is entitled to a re- count He claims that the report of the moderator as filed with the town clerk contains so many inaccuracies that it in itself should warrant an- other review of the ballots.
 E. A. Freeman, whose opinions on parliamentary rulings are recognized as valuable, argued today that a re-
 
 pereior court and that the moderator at Monday nights meeting will have to declare out of order any resolution concerning the vote on Monday. It will be in his province, MT Freeman believes, to have a vote taken on the Motion should he care to do so but the action would simply be to get the sentiment of the meeting and would have no legal standing
 MT. Freeman is staunch republi- can but he is among those who be- lieve that the moderator should have counted the 'X'' marks as an expres- sion for first selectn,an where a vote was cast for but one of the two can didates.
 The ballot box is now in the pos- session of the town Jerk and he is of the opinion that he cannot reopen it except on an order from the SUI perfor court. He is under legal obIi- gations to keep t for six months. opening it at the expiration of that period and destroying the ballots without giving permission to any one to inspect them. Heretofore an ex- animation of the ballots before they were destroyed was permitted by law. The general assembly, however. at its last session, took away that priv ilege.
 Organize Next Week.
 The selectmen failed to organize