Perth Amboy evening news., 1918-07-12
LOCAL OPTION
VOTE UPHELD
Decision Is Handed Down At
fectIng Township of East
Brunswick AS Well
By Special Correspondent.


JAMESBURG, July 12:-Suprem
Court Justice James ]. Bergen, VIII
heard argument at his Office at Som
erville on June 22d, in the matter o
attacks made on the local option cleo
tons ii South Brunswick township
and the borough of Jamesburg, hele
on May 81, has filed his decisions up
holding both elections. Both munich
palities were carried by the "drys.'
Jamesburg went dry by thirty-eigh
and South Brunswick by sixty-hv'
votes.
Three irregularities were alleged b.
the petitioners sufficient to set tn
elections aside. They were;
First, failure to post the registry
list; second, failure to mail to the
electors and to post sample ballots
! third, failure to obtain the votes OF
| qualified electors absent in the serv-
ices of the United States as soldiers.
Justice Bergen decided both con-
tests in the same opinion. Referring
to the failure to post the registry list
Justice Bergen said that the record
shows that the registry list of the pre-
vious election was posted, but thai
subsequently two names were added
to the list in South Brunswick and
none added to the Jamesburg list
which were not posted. He says:
This does not vitiate the election
because the law does not require the
posted list to be amended; all that is
required is hat the amended list be
filed with the clerk of election and
with the county board of election.
But aside from this the posting of the
registry list is not for the purpose OF
| giving notice of the election; that is
to be done in another way prescribed
by law, which was compiled with In
these cases.
THE same reason applies to the
failure to send to electors a copy OF
the sample ballot. This is not in the
nature of a notice of the election, but
was manifestly intended to aid an
elector in preparing his official ballot
n the neglect by a public official to
send each elector a sample ballot
does not Justify the annulment of an
election IL all the electors have had
al opportunity to vote. The duty Is
directory and not mandatory"
As to the remaining questions as to
whether qualified voters absent in the
service of the United States as SOL
diers were afforded an opportunity to
vote at the special election, Justice
Bergen remarks that no opportunity
was given such absent voters who
number forty in South Brunswick and
but twenty-eight in the borough OF
Jamesburg and the decision COM
ments that while prohibition was
adopted by sixty-five in South Bruins
wick township and thirty-eight In
Jamesburg borough, the result would
not have been changed had all the
soldiers votes been cast against pro-
hibition.
Justice Bergen points out that un-
der the statute of 1918, p. L. 487, 1t
was clearly the duty of the secretary
OF state or the clerk of the munich
palities affected to see that the SOL
diers had a proper form Of ballot. The
decision says: II am inclined to think
that the elections were not conducted
as required by the statute and II moth
ing else was present in the case the
election would have to be set aside.
But there is another matter requir-
ing consideration and that Is that II
all the voters absent in the military
service of the United States had voted
and had cast their ballots against
prohibition the result would not have
been changed and that there would be
substantial majorities in the munich
palities prohibiting the sale of liquors.
1t is argued by the petitioners that
this can make no difference, because
II any elector is prevented from vot-
ing the election cannot be sustained.
This perhaps might be so II the
discrimination was the result of the
statute. but II will be noticed that in
these cases II was not the statute,
but its non-observance by ministerial
officers. which are complained Of and
the contest is being made under a
statute which provides for a summary
hearing. The voter is not deprived of
his vote by any statute, but was not
afforded an opportunity TO vote be-
cause public officers did not do their
| duty and in contests of this character
IL seems to me that the contestants
ought not to prevail simply because
some ~elector. who is not present as
sorting any right, may not have been
able TO vote when that vote. however
cast. could not have benefited the
present contestants. For the latter
reason the petitions ought to be de
MED and the elections confirmed"
Justice Bergen rendered his deci-
sion Thursday afternoon In a leAei
to Borough Attorney John p. Kirk
patrick. and signed an order affirm
ing the elections.
The petitioner for South Brunswick
township was John w. Thompson OF
Monmouth Junction. and he was rep
resented by Thomas Haggerty of New
Brunswick and Russell f. Watson OF
Highland Park. Wicoff & tanning OF
Trenton, represented South Bruins
wick township. The attorneys fol-
South Brunswick township also
looked after the case of John Mona.
han who sought TO have the James.
burg borough election set aside.
Nc contest will be staged in Mon
roe township that was voted dry by
% majority on June IL. Two hotels
were closed by this election. n al
Prospect Plains and n at Apple
garth. Both these places were auto
matically closed Wednesday night OF
| this week.