Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1924-10-24
COMPLICATIONS
IN SHIELDS CASE
Republicans Cannot Appeal
Supreme Court Decision
Until Tomorrow
NO JUDGMENT FILED
AFolIoWing Opinion of Justice
2 Minturn in Hudson County
Ballot Case

TRENTON, Oct. 24.-New com
plications in the Republican-Demo-
cratic legal battle to force the kew.
DR.. James K. Shields name on the
election ballots, November 4. as
United States senatorial candidate,
cropped out today with the discoV-
ery that the Republican state COM
mittee cannot appeal the supreme
court decision in favor of the DEM
ocrats until tomorrow, at the earli-
est.
Walter D. Van Ripper, assistant
United States district attorney and
Conover English of the firm OF
McCarter &c English, representing
the Republican state committee
came to the state house late yester-
day afternoon only to denfiitely find
out that no order or judgment had
been filed following the opinion of
Justice Minturn, in the supreme
court. in the Hudson county case.
An appeal may @nly be taken fol-
lowing entry of a Judgment. Justice
Minturn's decision held that the
Withdrawal of DR.. Shields as an in
Ydependent candidate. in favor of
United States Senator Edge, the Re-
publican nominee, came too late
for acceptance.
Justice Minturn sent word to
Messrs. Van Riper and English that
he would grant an audience to them
In his Jersey City chambers tomor-
row morning. State Chairman
Harry Heller and Jonn A. Matthews,
counsel for the Democratic state
committee, have also oeen requested
Ebto appear at the cham bers of JUS
lice Minturn tomorrow morning. 1t
IS presumed that opposing counsel
will agree on the form of order to
be entered in conformity with the
Minturn opinion. With the filing of
the judgment, an appeal may be
taken. it is understood, either direct
to the court of errors and appeals
Or as suggested by Mr.. Van Ripper,
to a branch of the supreme court,
composed of three justices.
Unless some further move is made
by the Republican state committee
today. 1t is unlikely that the appeal
could be heard. from the Minturn
decision, before Monday or Tuesday
Meanwhile county clerks are prepar-
ling the official sample ballots and
irafting the general election ballots
y Adding further to the involved
election tangle is the institution of
four new suits by Demo ocratic politi-
clans in the counties, of Ocean,
Hunterdon, Monmouth and Middle
sex counties, to compel the Repub-
lican county clerks in those coun-
ties to obey the Minturn decision.
Supreme Court Justices Trenchard,
Lloyd and Kalisch have allowed
rules to show cause. requiring the
four county clerks to show cause at
fAhe state house Monday morning why
they should not print or reprint the
Sample and general election ballots
with DIR. Shields name and slogan
on them.
Justice Trenchard allowed the rule
Yesterday afternoon against the Hun
terdon county clerk. Justice Lloyd
allowed the rules against the Ocean
and MONMOUTH clerks and Justice
Kalisch against the Middlesex clerk.
The Democratic county committee,
Undoubtedly working in conjunction
with the state committee, have to
date secured orders against eight
Republican county clerks to make
them put DIR. Shields name on the
ballots. All the rules allowed will
be argued at the state house Mon
day morning.
Secretary of State Martin has been
Msolicited for instructions by county
clerks as to what to do with the
Shields name. His department toda"
q instructed the Democratic county
' clerk of Sussex county and the Re-
CONTINUED on page 18.)