New-York tribune., 1905-11-16
MAYOR STEPS BACK.
NOT AGAINST RECOUNT.
Court Order Demands Opening of
Rejected Envelopes.

result of the orders and the change of base on
the part OF Judge Parker and others of the Mayors
! personal counsel. the attorneys who fighting
| for Hearst most jubant last night. and even
| more sanguns than they have been in their pre-
| dictions of SUCCESS.
The court proceedings in connection with the can
vass developed interesting situation. The coun-
sci of the Mayor is the Corporation Counsel, who
through his assistants, brought forward every pos
sble objection canvassng the vote as the Hearst
! followers desired The attorneys of the Mayor
| eleet-ex-Judge Parker and Messrs. Dykman, Rlch-
| ards, Carr and others-waived the objections thus
set forth. declaring that all MI Mcclellan desired
| the truth, and that he would oppose no lawful
| motions made by the attorneys of the Municipal
! Ownership League,
Later in the day. when it came the canvass of
the Kings County. the Board OF Canvassers
| back to the methods TO which the Hearst men
objected dividing the election districts among com-
mitees and paying attention to tally Sheets Inc
| Hearst attorneys declared this evidence or pad
faith and rushed the courts for more writs ana
| irjunctions. which they succeeded in getting
The Hearst movement scored several times during
the day. In the first place the attorneys succeeded
in their demand that the tally sheets be brought
before the Board of County Canvassers "lthou1
waiting for errors be detected IN the original
statements. Then Justice Amend ordered That pho-
tographs OF the tally sheets be made for the use or
counsel of candidates. Toward evening the same
justice gave order to show cause why 'he en-
veopes containing the rejected and protested pai-
lots should not be brought into the presenee Va
Supreme Court judge and opened Immediately Ihs
order is most important, as the twenty days IN
which this can be done slipping away rapidly
under the programme OF delay favored by some
of the Mayors counsel.
Clarence J. shearn who is directing the contest
for Mr. Hearst declared last night that the de-
velopments of the day were most important lie
said that many of the tally sheets were proven IN
correct their face. more votes having peeh
counted than the total vote cast would permit. In
Roar dpynnl
have be corrected to correspond with the tally
sheet In this way he believes Mr. Hearst will gain
many votes without having to prove fraud or open
ing the ballot boxes
After the void ballots have been disposed of and
the tally sheet corrections made there will come
demand for the opening OF the ballot boxes
fraud evidence, account of discrepancies found
| by the expert accountants employed by Mr. Hearst
and on other grounds
In the action for the production of tally sheets
| before Justice Amend yesterday the Hearst argu-
! ment was presented by Austen G. Fox. 1t devel-
! oped that Harry Yonge had demanded the produc-
ton of the tally sheets from Deputy County Clerk
Birfell. who admitted that he had file the sheets
from all but four election districts. but would
produce them without court order.
Personally" said Mr.. Fox. II not surprised
TO find that in certain quarters in this city certain
persons find it to their interest to thwart the ascer
ainment of the public will, If they succeed in
SO doing, and, indirectly. of course that object
would be secured il by any technical obstruction
successfully 1nterposed they could prevent the
county canvaSSers from looking at what the Court
OF Appeals has declared be best evidence
This application said the ex-justice. lis not
made to ensure fair count. and to have this
stand for law and order under the aspect of try
ing 10 thwart the will of the people
Then Judge Parker took a hand, showing the
change of front which many thought indicated
a desire the part Of Mayor Mcclellan to cut
loose from Tammany He said:
I wish TO say that Mayor Mcclellan. for whom
wants the truth in this case He would never
keep to his count 70 his majority, one single
take advantage of any trick to secure ballot
representing him / appear for him in this pro-
ceedng and expect to in other proceedings, be-
cause he stands to-day as he did before election
the same honest, straightminded and honorable
citizen we will defend the votes that . have been
because he wishes the office,
city that the law have its course, and that tho
voice of the citizens Is expressed at the haiio5
that the result of that declaration should be the
truth .. .4, ,,,u ,toc,.,,,,,
IT, and 'Gs as1e duty his
should id give we him one technical advantage. We
AS counsel for Mayor. Mcclellan. while | do not
BY The Corporation Counsel and while there has
been petition presented unlike any ever sui submitted
asked for should be granted II any violation OF
fore the Board of County Canvasserz and tie
court can and must make such an order as may be
When the tally sheets are before the canvassers
whether there are any errors or discrepancies AS
counsel for Mayor Mcclellan l present that as the
turns which shall set at rest any feeling of doubt
honest count of the ballots.
Judge Parker then asked that a further order be
made directing the photographng OF the tally
sheets.
Justice Amend. after some remark. from Fox
granted the application for the mandamus and di-
rected the photographing of the tally sheets
When the order to Queens County came be-
fore Justice William d. Dicley, Walter n Dyk
al counsel CT Mayor Mcclellan said that thev had
attended conferences of all his counsel, and thar
proposed by Mr.. Hearst's counsel was proper and
wei! founded. and that they would not oppose the
production of The tally sheets the counting of
Trusting IN this Charles H. Hyde who repre-
sents Hearst in Brooklyn, took court action fhe
board, however, proceeded old lines apportion-
ing the election districts among several commit
time making it impossible for the attorney TO fol-
They had raced through seventy-fye districts he
Tore the Hearst counsel got the machinery in
writ of prohibition from Judge Dickey retursabla
at 1880 o'clock this morning prohibiting the count
blockade sure Henry Yonge got an order for me me
canvassers 10 show cause why the tally sheets
until the matter was argued.
IN .New-York the Board OF County Canvassers
met in the Aldermanc Chamber at 10 O'clock and
on motion OF Alderman Harburger promptly ad-
journment taken uis.il 10 o'clock this morn m
Ing because no court order had been issued Hearst
prevent progress in the canvass al the board En.u ~
the order was about to be issued
HANkoW RAILROAD BRIDGE OPENED
Peking. Nov 15.-The Yellow River bridge OF the
Peking- -Hankow Railway formerly opened on
Monday. Many foreigners. including the Belgian
Minister, attended the ceremony The line W..