New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-16
HEARST WILL NOT DOWN.
TO GO TO LEGISLATURE.
May PreUent Mayor Mcclellan from
Getting Election Certificate.

a novel plan for forcing recount OF the so'es
IN the fight of william R. Hearst against the re-
election of Mayor Mcclellan was announced ias'
night by Clarence j. Shearn Mr.. Hearsrs per
sonal counsel.
I'VE shall have a bill introduced in the legis-
lature providing for a recount OF all the oa'i0'
est in the election in the city said Mr. Shearn'
IT will not be in the form of an ameilolneit "
-he Election law which would be retroactive put
,,1 rox-;5e for the reopening of ali the ballot
i,oxes for q recount in view OF the evidence III
readv obtained that there was fraud In Ihe
co,,nt. The recount will be for discovering inc
extent of the fraud. not for correcting lhe ie
turns which have been canvassed, but we can
make use of the information obtained by the
recount later in quo warranto proceedings 10
Gust the Mayor from his office
VIII YOU withdraw proceedings in the courts
meanwhile, so that Mayor Mcclellan can get
certificate of election and be sworn III again Dis
Mayor before January II"
No we shall continue the fight to have the
returns corrected SO as to agree with the tally
sheets and to have other corrections made on
account of void and protested ballots which were
counted illegally"
..Is the fight 90 be kept up to make Mayor
Mcclellan hold-over until the legislature can
order recount?'
1.-The fight was not begun with that purpose
1,It the effect of e may be to prevent the Mayor
.rorn receiviug a certificate until there has been
& recount" ..4.. oe
+Are YOU also to ask for an Investigation Oh
fl,e election by a committee of the legislature
"CertainIy we shall. The bill for a recount ana
4be resolution for an Investigation will pc pre-
Yosred and presented TO the legislature TO-
gether." .,,.
said they did not believe the majority IN the
Legislature would consent to the special leglsia.
lion desired by Mr.. Hearst or to the sending OF
a COMMITTEES to investigate the election. one
Of them said:
II Mr. Hearst were well advised he Noulu
make himself strong as candidate for Governor
next year by stopping his fight against Mayor
Mcclellan which has become hopeless on &c
count of the decision of the Court of Appeals
and making fight for an amendment TO me
Election law by which ballot boxes can De
opened for recount and for correction of the
returns whenever there is ground to believe there
has been fraud. The legislature cannot pass any
special or retroactive legislation TO nave the re-
turns In the last election corrected for MI
Eearst's benefit The legislature is not likely TO
interfere with the splendid work Attorney Cen
eral Mayer is doing in the way of investigating
frauds in the election and sending to prison the
men guilty Of the frauds.
Justice Greenbauu, in the Supreme Court. yes
ter5ay ordered off the calendar 131 motions for
opening ballot boxes in view Of the decision OF
the Court OF Appeals. but Justice Slower will
hear arguments on Monday on motions to have
election officers recalled to correct returns in
more than q score of districts. Mr.. Hearsts
counsel have more such motions ready.