The Birmingham age-herald., 1905-11-09
COURT TAXES THE BALLOT
 BOXES FROM THE POLICE
Jerome Will Aid Him In His Fight and Wins Says He Will Help Him All He
 Can.

wasbinrfon November S.-The elecuoi n% Iobn M Pattison, democrat. as gov ernor of Ohio by approximately 4ooVV x,,,,rautv over Myron T. Herrick. the present republican governor, de"ocia.'o working majority in both houses ol .no Ohio legislature; an immediate appeai D' William R, Hearst, the municipal o"hei shin candidate for the New YorK mayo' altv. to the supreme court to contest McCIellan's reelection in that ci'y U" the basis of alleged evidence Of whoiesaio ,l,egal acts at the polls; plurality or o4So .,o+es for Mcclellan; and immediate con tes+ bv the fusionists in Louisville m the courts against the election of the demo- cratic municipal officers and members or the legislature were the deVeiopiheh'' i' today's election aftermath
 Is the Minimum Record.
 wof,,e,,an,s plurality Is the minimum on record for a successful mayoralty candl- date in New York MT. Hearsts managers c,a,m evidence of illegal acts against 1000 inspectors of election, and that oo'Voo .f h,s adherents were turned back from the nolls because their names already had been voted.
 District Attorney Jerome has announced he will immediately make searching in- vestieation of the alleged wnolesaie frauds and has ordered the returns iro'n the eighteenth and sixth assembly ois- Ntricts to be carefully guarded. These are the home districts of Tammany ieaoer' Murphy. and "rim'' Sullivan.
 Tn Louisville the fusion party managers claim a non-election in four precincts because of disappearance of election para phernalia. that democratic workers con-. fiscated the ballot boxes In four other pre- cincts and allowed Justification of re- turns and alleged activity of thugs and repeaters.
 showed republican losses. and republicans concede Pattison's plurality reached 3,- 000 The democrats claim Pattsons s plur- ality approximates 55.0O0. which would elect the entire democratic ticket.
 Majority In House and Senate.
 Republicans concede the democrats be- tween two and five majority in the next Senate, and ten to fifteen in the House. while the democrats claim a majority of five in the Senate and twenty-seven in the House.
 The city party (reform). plurality in Philadelphia is 43 3,333 for sheriff and the fusionist candidate for state treasurer (Berry), carried the city by over 36OO0 plurality. The upheavel was the greatest in Pennsylvania for many years.
 The Maryland legislative situation Is in doubt.
 In Rhode Island the republican guber- material candidate has a plurality esti- mated at 50o0 and Providence elects republican mayor for the first time in many years. tt.. ''.
 In Massachusetts democratic threats are made for recount of the
  republicans in Massachusetts score 23,116 plurality for Guild for gover- nor. though Draper for lieutenant gov ernor got less than 20O0 plurality. The democrats gained three senators and one representative in the legislature.
 Every Candidate Elected.
 Every candidate of the union labor party in San Francisco was elected by substantial majority; in Salt Lake the i-Mormon victory Is made complete by the election of the entire American party city ticket
 The Kentucky legislature, which will elect a successor to Senator Blackburn. apparently will include thirty-one demo- crats, five republicans and two doubt ful in the senate, and seventy-nine dem- ecrats and four republicans and several doubtful in the house.
 Nebraska was swept by the republicans. Returns from other states and cities show no notable changes.
 President Roosevelt and members of the cabinet received the latest returns from the various states and cities from differ ent sources during the day and tonight, and showed a keen interest In the results. There was some surprise evinced here at the political revolution in Pennsylvania and Ohio and at the close margin of the mayoralty vote in New York.
 Gaynor Grants Order.
 New York, November S.-Wth the granting of an order by supreme court Justice Vim. J. Gaynor in Brooklyn to- night compelling Police Commissioner Me Adoo to remove every ballot box from all the precincts in Greater New York to the bureau of elections, Wm R. Hearst, the defeated municipal ownership league can- didate took his first legal step in a fight to secure a recount of the votes cast on election day.
 The order was granted after Justice Gaynor had reviewed affidavits submitted by MT Hearsts attorney and half an hour later Colonel Alexander Bacon and F. W. Brown, representing MT. Hearst served the order Commissioner Mo Adoo who sent out a general order to every precinct in Greater New York, in structing the captains or other officers in charge to send the ballot boxes straight way to the bureau of elections in Man haitian.
 In signing the order Justice Gaynor said:
 "The police have nothing whatever to do with the ballot boxes and 1t is most astonishing that they should have posses sion of them. They have no right to even touch them. The order is granted
 The granting of the order came unex- pectedly and caused much surprise and with the opinion of Justice Gaynor that the police have no right to the ballot