The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-08-21
TRAVIS Is PUT OFF
PRIMARY BALLOT
=. --
Justice Cropsey Declares
: Comptroller's Petition for
denomination Is Void.
APPEAL TO BE TAKEN
-
Final Decision Must Be Made
4! Friday or Name Will Not
Be Printed.
APPEAL TO BE TAKEN

UNFOLDING the contention of John
xissel that of the $4,000 names on the
pstition designating Comptroller Eugene
~. Travis as a candidate for the Re
publican nomination to succeed HIM
self. less than the required 5000 were
attested in accordance with the pro-
visions of law, Justice Cropsey yester-
Gay declared the petition null and void
At the same time he also threw out the
petition OF Samuel Fraser. running for
the nomination for Comptroller on the
Bennett ticket, which also was chal-
ieDged by Mr.. Kissel. This will leave
Mr.. Kissel. who lives in Williamsburg.
- the only man in the field for Comp
troller unless the higher court overrules
Justice Cropsey.
Comptroller Travis took an appeal and
Il was announced that the Appellate
Division would be called together to hear
the argument on Friday. Their decision
must be made on that day and 1t must
b. mai, ~ the law declares that there
can BE- no change In the status OF petit
tions within ten days prior to primary
day. This provision Ia 10 give time for
the proper printing of the ballots.
Should Comptroller Travis finally lose
he would be voted for by writing his
name on the primary ballot.
whitman Petition Safe.
Acknowledgement Lewis. representing
he Secretary of State. will argue for the
retention OF the petitions through Deputy
Attorney-Gene Becker. "'
The Travis and Fraser petitions wefe
prepared in the same way that other
petitions have been prepared since the
direct primary law went into effect and
IN the same way that the Whitman, the
LeviA the Smith and other petitions
have been prepared this year. None Of
these others can be invalidated. how
ever. now, as the law provides that any
protests must be made within three days
after the last day for hlips. which was
.AuEFt 16. q.
Thu election law provides that sigma
ture to petition In order to be valid
must be authenticated in one OF two
ways. Either IL must be acknowledged
by a notary public or it must be wit
messed. When It ia witnessed the good
character Of the witness must be certi-
ned to by at least one-haf of the candi-
dates whom the petition 10 designating
Or by the committee to AZ vacancies.
eft is conceded" declared Justice
Cropsey, that not one Of the signatures
supporting to be witnessed has such a
Certificate Of good character and honesty.
All the signatures purporting TO be
proved by . witness must therefore be
aisregarded.
'-rhe question remains whether the
signatures purporting to b acknowl-
edged before a notary public cOmmis-
sioner Of deeds or Justices of the peace
outside OF Albany county can be counted.
IL the certificates taken outside Of Al
bany county require a county clerk
certificate then the petition in question
fs invalid. for admittedly none of such
Acknowledgements arc no certified, and
furthermore, It Is admitted that less than
5000 were acknowledged within Albany
county. ..-..
Lawyers Question Decision.
Lawyers who discussed the decision OF
yustice Cropsey last night said that while
the primary law states that 'the Aigna-
lures must be verified by notaries. It
says nothing about the Authorization Of
the notarys right to act by his County
Clerk. Justice Cropsey holds that this
failure makes II almost impossible to
tell whether the signatures are valid or
not The lawyers answered. this point
by saying that the original applications
OF the notaries are on file In Albany. and
II would be perfectly easy to-make veri-
0nation Of the signatures and commsi-
Gions of the notarieA
II tho Appellate Division should de-
eide that the signatures acknowledged
by notaries should stand The petition
would have many more than enough
names to stand.
ut Is unfortunate that this petition
dsunot be sustained" said Justice Crop
Esey in his opinion, But the law has not
been complied with in fact, it almost
.seems to have been wholly diregarded
Nor IL me fact that the other petitions
ALSO lacking County Clerks certificates
shave heretofore been hled a reason fol
sustaining this one. So far as has been
shown they have never been questioned
Now that the question has been raised II
must be decided. And 1t must be decided
IN accordance with the law. regardless
~ results"
Attorney-Gsnsrali Lewis yesterda,
called upon Gov. Whitman to publish q
INST Of the appointments made by hin
since May IL. the day the Attorney-jen
eral announced his entrance into the prt
naarios with the character of their dutie.
Of such appointses and q statement o.
the salaries which such appointees ar,
drawing.
1T make no charge Of the imprope,
use Of public funds" said Mr.. Lewis, "oi
Of the use OF public funds for partisan
purposes. 7 have, however. the names o
ssveral OF these employee appointeel
and am led to believe there is som
ground for the charges which have beer
made to me-
II announced my candidacy about tn,
middle OF May. My information is tina
since the date of the announcement o
my candidacy a great number OF. ap
pointfnents has been made by Gov. Whit
man In various departments OF the gov
0Nment Some of these appointments,
AN told, are of men whose salaries ar
being paid from appropriations made 70
war defence purposes. 1t has also bee
stated to me that the appointments wer
made either by the Governor or by hi
direction for the purpose OF aiding hin
in his efforts to secure a nomination 70