The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1918-11-19
Local Option Election TO be Con-
tested-December 8 Fixed
for Hearing.

| tOotCu OCCCllDCI . ElACu
for Hearing.
The recent local option election in
Mount Holly, when the town went dry
by~58 majority, is to be contested by
the wet forces.
On Friday, Harry Heller, of Trenton,
attorney for the local hotel men, ap-
peared before Supreme Court Justice
Kalisch. at Newark, and presented
petition which requested the fixing of
date for hearing on the question of
setting aside the recent election upon
technical grounds.
After the application had been for
mally presented and heard, Judge
Kalisch fixed Monday, December 9, at
10.30 a. M, at the court house, Mount
Holly, as the time and place for the
hearing of the case.
Briefly stated, the reasons given for
setting aside the election are as follows:
l. Because the township committee
lacked jurisdiction to hear the applica-
ton and to determine the legality of
the petition filed with it on June IL,
for an election on the liquor question,
for the reason that proper notice was
not published in a newspaper at least
five days before said meeting, as re-
quired by statute.
2. Because the notices posted were
not certified copies of the written
notice prepared by the township clerk,
which gave notice of the meeting of
the committee.
8. Because the township committee
lacked jurisdiction to order the sub
mission of the question at the general
election, for the reason that there was
no legal evidence before it to establish
the number of votes cast in the town. !
ship at the last preceding general cleo
ton.
4. Because the secretary of state fail
ed to Ascertain the name and ad-
dress of every qualified voter in the
township in active military service, as
provided by statute.
5. Because the secretary of state fail
ed to forward by mail or otherwise, at
least twenty days before the general /
to each soldier entitled to /
vote, blank ballot SO that he could
vote on this question.
6. Because the secretary of state |
failed to forward to the county clerk,
who has the ballots printed, the names /
and addresses of soldiers entitled to
vote in Northampton township. The
secretary of state also failed to furnish
the same list to the township clerk.
Z. Because the secretary of state fail
ed to forward to soldiers entitled to
vote in Northampton township. a
printed copy of chapter of the laws
Of 1918, or printed directions for voting
and transmitting ballot, as required
by that act, and also failed to forward
two envelopes as required.
The petitioner claims that there were
,46, or thereabouts, qualified voters of
,he township who were in the military
service, and that only IL of those voters
.ast ballot at the election, and that
he believes large majority of those
,oters did not receive ballot on the
question.
The petition and affidavit thereto
ire signed by Richard Lamb.
Attached to the petition is the state
nent of William HI. Marren, verifying
he statements above set forth; also
hat he had interviewed eight voters of
township, who are in
he military service, and had been in
ormed by them they had not voted
IN this question for the reason that they /,
lad not received aballot.
A certified copy of the entire pro- !.
.eedings were filed with the township ,
Jerk on Saturday.
By the provision of the local option
Ict, the township must defend any
contests of elections held under this
aw. The township counsel, v. Claude
Will defend The election. +.
Mr.. Heller, counsel for the liquor
lealers. has represented the wet forces
n nearly all former contests of this
character that have been held in this.
tate since the passage of the act. {
The local option act provides that {
When municipality votes in favor of
then all licenses granted {
lfter the passage Of the act shall expire [
thirty dsys after the date of holding I
iuch election. AS all licenses in Mount
Holly were granted after the passage
If the act, the bars are required to
lose on December 5, Notwithstanding
he contest.