Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1905-11-13
HEARST CONTEST STARTS
With ORDER FROM COURT

New York, Nov. 9.-With the grant
ing of an order by Supreme Court Jus.
tice William Gaynor, in Brooklyn, last
night, compelling Police Com missioner
Mo Adoo to remove every ballot box
from all the precincts in Greater New
York to the bureau Of elections, Will
liam r. Hearst, the defeated Municipal
Ownership League candidate, took his
first legal step in fight to secure a re.
count of the votes cast on Tuesday.
The order was granted after Justice
Gsynor had reviewed affidavits sub
mitted by Mr.. Hearst's attorneys. and
half an hour later. Col. W. A. 8. Bacon
and F. W. Brown, representing Mr.
Hearst, served the order on Commits.
sioner Nc Adoo, who sent out general
order to every precinct in Greater New
York instructing the captains and 9TH
er officers in charge to send the ballot
boxes straightway to the bureau of
elections in Manhattan.
Denies Police Rights.
In signing this order, Justice Gay
nor said:
1.-THE police have nothing whatever
to do with the ballot boxes. and it is
most astonishing that they should have
been in possession Of them. They have
no right even to touch them. The or
der is granted.
The granting of the order came un-
expectedly and caused much surprise,
and with the opinion of Justice Gaynor
that the police have no right to the
ballot boxes and should not even touch
them new aspect is placed on the
case.
This is the first time such an order
was ever issued, as heretofore the po.
lice have always had charge of the
ballet boxes after the count had been
taken at the polling places. They are
removed to the station houses immedi-
ately after the inspectors and clerks
have counted up the ballots.
Mr.. Wins, the defeated Repu blican
mayoralty candidate, was asked by MI.
Hearst to act as his counsel in the fight
he will wage to be declared mayor.
Mr.. WINS refused, but said be would
gladly cooperate with the attorneys
who will conduct the fight, as an asso.
ciate counsel
The complete returns give Nc Clellsn
a plurality of 3,485 votes. the smallest
ever recorded for a successful mayor.
atty candidate, and a result which
might readily be reversed by q recount
Of the ballots.
Mr.. Hearst yesterday announced his
intention to take an Immediate appeal
to the supreme court, his managers
having declared that they had secured
evidence Of illegal acts against 1000
inspectors OF election and that $1,000
Hearst men who went to the polls to
vote for Mr.. Hearst had found that
their names had already been voted.
Most Of the fraudulent voting the
Hearst workers allege was done in the
East Side Assem- bly, districts, especially
in the Eighteenth, Charles F. Murphy's
home district, and in the Sixth, of
which Timothy D. Sullivan is a leader.
Jerome Approves Contest.
Mr.. Hearst's proposed action met
with warm approval in many quarters,
even among those who opposed his
election, and he received many assur-
ances of support.
District Attorney Jerome expressed
himself in terms Of strong approval of
Mr.. Hearst's program, and declared he
would Immediately start An investiga.
ton of alleged Democratic frauds. He
also ordered the returns from the Eigh-
tenth and Sixth districts to be care.
fully guarded.
Ira G. Darrin, the newly elected dis
trict attorney for Queens county on
the Repu blican ticket, made similar
statement.
William NJ. Wins also commended
Mr.. Hearst's action, and expressed the
belief that recount would show that
Mr.. Hearst had been elected.