New-York tribune., 1918-07-17
Montclair Changed
From Dry to Wet
By Court Ruling
Elections in East Orange
and Caldwell Also
Held Invalid

NEWARK, N. j., July 16.-Mont-
clair, East Orange and Caldwell Bor-
ough were placed back in the "wct"
column of New Jersey to-day, when
Chief Justice Gummerc held that the
recent local option elections were void
The Chief Justice ruled that the SOL
diers from these cities, who were in
cantonments, had been deprived of the
right of voting-"one of the greatest
American privileges Of the American
people" 1t was held that the Secretary
of State had failed to send out ballots
to all the soldiers, and had also failed
to officially notify them of the cleo
tions. The special election. which
placed South Orange Township in the
"dry" zone, was held to be valid, the
court ruling that the State Secretary
had complied with all the requirements
of law.
No Ballots to Soldiers
who were represented by Judge A. j.
David, of Elizabeth Harrison p.
Lndabury, James R. Nugent and Je-
rome D. Gedney, was that that section
of the law which says the Secretary
of State shall" supply ballots to all
soldiers and notify them officially of
the election had not been complied
with.
Although the results might not be
changed by the votes of the soldiers
who did not have an opportunity to
ballot, Judge David declared the manda-
tory provision of the act, which is
known as "the soldiers act" had not
been carried out, and that the soldiers
were practically dsfranchised on the
question of local option.
Assemblyman George S. Hobart,
who with County Prosecutor j. Henry
Harrison and Benjamin f. Jones repre-
sented the "drys," argued that the,
State Secretary did all in his power
to reach all the soldiers, and that there
was no intention Of depriving them of
their rights.
Soldiers Have Right to Vote
In his decision the Chief Justice
said:
at is claimed that the soldiers
were not entitled to vote on these alb.
stract questions because there were no
candidates for office. If they were en-
titled to vote on one they were entitled
to vote on the other. | am called upon
to decide: Can special election,
called for the purpose Of obtaining the
expression of the voters on So
Geological question, rather than gov
ernmental, be valid without giving a
certain class an opportunity to express
its rights?
"Whether Montclair continues or
abolishes the sale of liquor, the gov
ernment will remain intact. 1t doesn't
affect the machinery of the munich
pality. 1t would be bold court that
would undertake to say that the cleo
tion would be invalid where the result
would destroy the government entirely
and vacate the executive and judicial
Offices. SO that in situation of that
kind judge would have to disregard
many things if the decision was to
result in governmental chaos.
wherefore, the determination of the
question before me has bearing on
what the results might be- In the Cald-
we'll case there was no attempt to give
the soldiers the opportunity which the
Constitution gave them. These men
were deprived of their right of suf-
frage. This right is one of the greatest
privileges of the American people, and
it was not exercised in this case The
elections are held to be void'
When Mr.. Hobart asked for a writ of
certiorari to carry the case up to the
Supreme Court he was informed that
he would have to show reason for so
doing.