New-York tribune., 1902-03-21
SAY THEY'LL SEAT BRUSH
MOUNT VERNON REPUBLICANS Fxprc,
RECOUNT OF MAYORAITY BAL
LOTS NEXT WEEK.

The memorandum of the Appellate Divisio,
Of the Supreme Court IN Brooklyn, handed dow
with the decision reversing the order of Justics
Marean denying the application Of DR.. Edward
F. Brush for a writ of mandamus compelling
the election officials in several of the districts
of Mount Vernon TO make recount Of the hal
lots cast at the last election for Mayor. was
on file in the Office of the clerk of the court yss
terday 1t is as follows
In view OF the decision of this court in Feeny..
3d. we think that the Supreme Court has jurisais
uon by mandamus to direct a recanvass Of the
election districts 20 which this proceeding relates
save save WIN the exception noted below; and that IN
view of the circumstances presented by the moving
papers herein this jurisdiction may properly bs
partfes some ~ vItor, re Tot r,rsesr+ s~s 5
in as indicated in our opinion in Stiless case. As
stand that all parties ConCede that alternative
@ WTlt should issue and an order VIII oe made there
First District OF the First Ward as noted sum- NJ
order will be made remitting the proceeding n
the Special Term 10 the end that application may
commanding Il recanvass of the votes cast therein
for the office OF Mayor at the late election, after
the necessary parties have been brought in
The meaning of the decision said Roger NJ.
Sherman, attorney for DR.. Brush. yesterday. is
that we shall be able to have the ballots cast
in several election districts recounted as bal
lots, not merely as so many pieces of paper but
with an examination TO show if they are legal
ballots / believe that we shall find that there
were errors in the canvass of the votes in these
districts and that many legal votes for Dr.
Brush were counted for Mayor Fiske We ex-
pect 70 seat DR.. Brush the next Mayor Of
Mount Vernon. The fight is not over vet bv any-
means, although the decisions OF the Appellate
Division have given all we could have expected
The recount Of ballots in the Mount Vernon
districts probably will be made some day next
week. II viii be necessary first to get an order
from Justice Gaynor in the Special Term Of the
Supreme Court"
Mayor F'iske said yesterday that he had not
yet received a COPY of the opinion accompanying
the decision, and until he had received il and
consulted his counsel he could not tell tust
what the next move would be. but. as he under
stood il, the case was now just as il was several
months ago when il was begun. The Mayor
added that he not at all worried about the
final outcome, and he expected TO serve the new
term $ Mayor for which he elected.
City Clerk Hoyt is coming in for a good. deal
of criticism because of his suit against bridge
company for $500 IS commission in helping them
to get bridge contracts. though il is not thought
that there is anything Illegal in his action.
Mark d. Stiles chairman OF the Mount Vernon
Republican City Committee, when asked what
he thought of Mr.. HOyts action. said last night:
Last fall when his office under investiga-
tion and he called 10 account for not de-
posting the public moneys with the City Treas
Urer within the time required by the charter he
made the excuse that he was too busy to attend
to this detail of his office. Now find that he
had plenty of time TO go about helping to get
business for a bridge concern"
II was said yesterday that the Democratic
leaders OF Mount Vernon were greatly dspleased
with Hoyt for bringing such suit and that he
would not be reappOinted. on the other hand. il
is said that the City Clerk began the suit be-
cause he feared that he would not he reap
chance to collect the commission once he was
out of office.