Perth Amboy evening news., 1916-11-24
Road Commissioner Criticizes
Freeholders; County To Receive
$500 From State Auto Fund
START COURT FIGHT
Of CARSON TODAY
Decision is to be Given Dec. a
Appeal is Regarded as
Certain.

Trenton, Nov. 24-The argument in
the Carson-Scully congressional fight
in the third district, the decision in
which may determine whether the
Republicans or Democrats control the
next House of Representatives, was
started today before Supreme Court
Justice Kalisch. The argument was
ON the writs of certiorari obtained
by Robert Carson, the Republican
candidate. who claims to have been
elected by a plurality of eleven, to
set aside the order for the recount
obtained from Justice Kalisch by Con-
gressman Scully who insists he has
been reelected by plurality of four
teen.
Carson was represented by Theo-
dore Strong, of New Brunswick, and
former Secretary of War Lindley NJ.
Garrison, of Jersey City, and Thomas
p. Fay, of Long Branch, appeared for
Scully.
In opening his argument Mr.
Strong said the orders for the re-
count were hurriedly granted on ex-
parte application and the burden of
proving their legality was upon Con-
gressman Scully. Mr.. Strong con-
tended the orders have no legal sub
stance whatever and should be set
aside. He also claimed Justice
Kalisch had no jurisdiction to grant
the orders and so they were invalid.
His other main points were that the
petition for the recount orders did
not disclose sufficient ground for
granting them and that sufficient no.
tice was not given to Mr.. Carson.
The further contention of Mr..
Strong was that Scully was asking for
a recount that would mean the nulli-
flying of a certificate Of election when
such certificate has not yet been giv-
en- and cannot be until the determine
ton of the State Board of Canvassers
next Tuesday
is proceeding to overturn an election,
the official result of which is not
yet known and cannot be known until
twenty-one days after the election.
These proceedings are also illegal
because they may result in the County
Board of Election overturning an or
der of the state board signed by the
governor, when the latter order has
not yet been made and cannot be
made until Nov. 2S under the law"
Replying to Mr.. Strong, former Sec
retary Garrison maintained that JUS
tice Kalisch has ample Jurisdiction to
issue the orders for the recount as
shown by precedent in cases cited by
him. On the point of not having giv-
en- sufficient notice and of an insult
f1cient petition made by Scully, coun-
sci argued that Mr.. Scully had gone
to the extreme limit to meet all the re-
quirements of the law.
Mr.. Garrison told Justice Kalisch
that under the law the court has the
power If the recount changed the re-
suit to revoke certificate of the result
made by the county election board
and substitute his own certificate of the
corrected vote, and that this corrected
certificate would be binding upon the
state board of canvassers.
Outlining the history of the cleo
ton laws Mr.. Garrison said It was
clearly the intention Of the legislature
to vest in the supreme court the pow
er to make the recount order. He said
that the people were not interested in
the technicaiities but in getting the
whole vote and an honest vote.
Justice Kalisch announced that he
would give his decision on Monday.
Whatever that decision Is an immedi-
ate appeal will be taken to the court
of errors which has agreed to hear
the case Dec. 4.