New-York tribune., 1905-11-11
TALK OF TWO MAYORS.
Hearst Nay Take Oath if Court
Contest Lasts Till January.

William r Hearst WILL If the contest for the
mayoralty is prolonged In the beyond the
first of year it is said the oath of office
as Mayor, announce his appointments. and de-
mand possession of the Mayors office in the City
Hall Inasmuch as Mayor Mcclellan has decided
to fight his adversary at every point, the contest
is likely to be prolonged. and this city may
have dual government New Years Day
with two New Years Day receptions going on
at the time.
One OF Mr.. Hearst's lawyers however, said
last evening that he did believe the candi-
date contemplated any such action.
The decision of the Hearst men to install
their candidate as Mayor January / was
reached yesterday. ii said. but nothing will
be officially said about their intention for some
days yet Mr.. Hearsts counsel has told him
that sure method of having his title to the
mayoralty either confirmed or denied is for him
to take the oath of office as Mayor and thrust
the contest into the courts.
The legal procedure necessary for the valida-
ton of Mr.. Hearst's claim to the mayoralty must
be made within the next fifteen days. The law
says that all applications for a recount by the
courts of void and protested ballots must be
made within twenty DAYS from Election Day,
thus limiting action to the period prior TO No
vember %.
Mayor Mcclellan. in statement Thursday
election by plurality of 1850 votes. Nathan
Cohen representing the Hearst men. has had
len clerks making a compilation of the returns
on file with the Board of Elections and last
night made the surprising announcement that
the returns on their face. give Mcclellan slightly
| over $500 plurality. and not 1880
The Hearst preparing to attack the
Mcclellan people. not later than Monday next.
in the Supreme Court in Brooklyn. They hope
hefo he
end of the year but there is so much work in
volved in the task that there is doubt about
getting through by that time. Every protest
raised by the eminent counsel-Parker. Hatch
and Sheehan-employed by the Mayor naturally
will receive respectful consideration
Mayor McClellan's statement leaves no DOUBT
whatever about his intention to oppose 10 the
uttermost any attempt to wipe out his pre-
sumptive plurality. He said on Thursday night.
as told in The Tribune:
The election returns show my election by
plurality of t 1S0 votes. These returns are the
results of procedure prescribed by law. and they
are expressly declared by the law To be pre-
sumptiveIy correct 1 believe they are correct
Therefore will take all legitimate means 90
protect my rights. well as those Of the voters
If my adversary appeals to the law to over
throw what are now the legal returns Of ths
results of the election I will meet him fully
prepared to vindicate these results TO the
courts where these differences must be passeI
upon every candidate and every citizen should
readily submit.
William f. Sheehan refused yesterday TO dis
cuss the Mayors side of the action.
The Hearst men say that there are several
methods of attack First. the court has the
power to order the recanvassing of void ballots
or ballots supposed to be marked for identtica-
ton All such are on file with the County Clerk.
The Hearst men said last night that there are
more than 10000 of these.
tho RI ran order ne
original boxes and compel the recOunting of the
ballots To obtain an order Of this sort counsel
for the plaintiff must show that there has been
a discrepancy between the number of votes cast
and the number named on the returns In case
of a false report. the inspectors will be subject
to arrest. In Long Island City in 1903 several
inspectors were found guilty Of making out
return that did not tally with the actual count.
They to-day serving terms In Sing Sing.
The Hearst men say that at least 5000 ballots
were marked with crosses in the Hearst and
Jerome circles. They confident that the
court with a desire to interpret the will Of the
voter will order all such counted for Hearst and
Jerome 1t was learned yesterday that in the
32d Assembly District thirty-twO ballots marked
in this manner were thrown out