The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-09
HIS FIRST MOVE.
Hearst Secures an Order From
the Court
For Delivery of Ballot Boxes to
Election Commission.
COMMISSION DECLINES.
viii Not Receive Them From the
Police Officers.
Wagon Loads of Ballots Left
Standing in the Streets.

New York. Nov. 9.-Aided by an array
of legal talent In which are lawyers of
great prominence not only as masters
of their profession but also as leaders
in more than one movement for good
government in this city, William r.
Hearst has begun his fight in the courts
for the mayoralty which he believes he
won in Tuesdays election and his first
step has created a situation apparently
without precedent. Last night he OBJ
tanned an order from Justice Gaynor of
the supreme court, directing the police
to turn over all ballot boxes to the board
of elections at once. The police obeyed
the order as far as they could but when
they proceeded, in the after midnight
hours, to the election boards office, there
was no one there to take custody of the
boxes and the policemen were compeH-
ed to remain in the street for hours
guarding the repositories of the peoples
votes.
Later, John K. Voorhis, president Of
the board, declined 10 accept response
billy of the matter pending advice from
the corporation counsel Mr.. VOOrhis
is Democrat and when his decision
was made known, the Hearst men turn
/ ed to Charles W. Page, a Republican
member of the board. but he also de-
(
! left in the strange position of trying to
carry out the courts orders, but unable
to DO so. The street in the vicinity OF
! the election board offices presented a
strange sight as hundreds OF policemen
stood on guard around the patrol
wagons and other vehicles in Which the
boxes had been conveyed from the var
lous precinct station houses.
Mr.. Hearst's order was obtained from
Justice Gaynor after The circulation of
a hRRn
turning out large numbers Of fac
SMILES of the official ballot and that
these were to be marked for Mcclellan
and placed in the ballot boxes in pla ce
of Hearst ballots. to be removed. The
moment this runOr reached the Hearst
headquarters it was decided that the
ballots ought not to remain longer IN
the station houses and the application
to Justice Gaynor was made as quick
ly as the papers could be drawn up
Among the attorneys aiding Heazst is
William N. WINS the Republican can
didate for mayor in Tuesdays -79e 81 r..
Mr.. WINS volunteered his services to
Mr.. Hearst and the offer was acceDte :.
Another attorney acting for Hearst is
Judge John T. Dillon. who was at one
time Judge of the supreme court of
Iowa and also judge of the Eighth
United States circuit which included
Kansas.
President Voorhis said that even if
the legal decision should be that his
board must receive the ballot boxes
he would have them sent under police
guard to some storage place other
than his office which was too small
for the purpose.
In Brooklyn also the ballot boxes
were not accepted by the board of
elections but the police were permit
ted~to carry them into its room in the
Temple Bar building. BY 6 o'clock
this morning all the ballot boxes from
the various precincts were in the Of
fees under guard and Mr.. Dady had
gone to New York to confer with
Commissioner Voorhis upon the situa-
ton.
It was reported that many of the
ballot boxes in Brooklyn were not
properly sealed.
Shortly before noon extra police
were called out to keep order in the
vicinity of the ballot boxes of Man
haitian