Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-11-25
HEARST HAS
HARD FIGHT
MCCLELLAN PLANS LEGAL BAT
TILE ON ATTEMPT TO OPEN
BALLOT BOXES.
MAY GUST THE MAYOR
If Contest Is Not Settled Before Jan.
uary ! Mcclellan May Not Be Per
mitted to Take His seat-Hearst
Lawyers Claim Gains in canvasslns
Vote.

New York, Nov. 24.-Mayor McClel-
Ian, through his counsel, is to fight the
move made by Hearst lawyers to Sc.
cure the opening of ballot boxes and a
recount of the ballot boxes.
The case will be taken by the losers
to the court of appeals, which may
possibly render decision before Jan
uary 1, but that is doubtful. Hearst
lawyers say that unless the question
has been passed upon by that time
they will attempt to get the courts to
restrain the board of elections from
giving the mayor a certificate of cleo
ton, In which event he will be a
"holdover'. under the public officers
act. He could not as such make any
new appointments, they say.
Some Tammany men agree with this
view, but they say the contingency is
too remote to be discussed.
Both Sides Prepare Arguments.
Argument on the order to show
cause why the inspectors in five dis
tricts, selected by the Hearst people
on which to make their test cases,
should not recount the ballots will be
made before a Justice.
The argument, it is said, will be that
the procedure is contrary to law, that
the law provided machinery for
casting and canvassing the vote,
which has been accomplished, and that
unless clear cases of fraud are shown
there can be no recount.
Poll clerks and inspectors in the five
districts have all made affidavits which,
it is promised, will explain the alleged
discrepancies and Irregularities in the
returns and on the tally sheets
Mayors Move Pleases Hearst.
Clarence j. Shearn, for Hearst, last
night said he was glad the other side
was going to fight.
ut shows, to our mind" he said
that the inspectors had pretty hard
time explaining what is in the boxes
Shearn said the courts would Ger.
tainly be asked to restain the can.
vassers from giving a certificate OF
election until the matter is settled. In
fact, a series Of court orders may be
looked for, If the statement of Hearst's
lawyers is to be believed.
1t has just been discovered by some
one that the canvassers have been
estopped already from declaring the
vote, which would make the mayor a
hold over" anyway. AS a matter OF
fact, this injunction is the usual one
accompanying an order for examina
tion of void" and protected" ballots
Such orders, together with such stays
have been obtained in each county by
Hearst lawyers, and the examination
of these ballots now is going on. This
will be finished in week or ten days
and orders made as to how these bal
lots shall affect the court. Hearst peo
pie say these orders can be appealed
from, in which event the injunctions
could be continued, but they aren't
saying they will do this yet.
Hearst lawyers continue to claim
gains for Hearst in canvassing the
vote, but Tammany lawyers say they
are through simply clerical errors
which any one could see If they
wanted to. In the fifteenth election
district Of the twentieth assembly
Hearst people claimed gain of ninety
one votes through tumble in the
tally marks. One tally sheet was
undecipherable 1t was covered with
ink stains the size Of silver dollars
and nobody could read the figures.