New-York tribune., 1905-11-29
NO APPEAL BY MAYOR.
WILL 4CCEPT RECOUNT.
Justice 1mend Sets Friday for NesU
CanUass of Yotes.

| Mayor Mcclellan said yesterday that he would
not appeal from the decision OF Justice Amend
ordering the opening of the ballot boxes and G
recounting of the ballots where necessary to
verify the returns election night This ought
to expedite the recount and enable the con-
teste~ts TO get through with all contested cases
before the end Of the present year.
| Following a call from ex-Judge Parker yes
terday, Mayor Mcclellan was asked as to the
nature Of the conference and as to whether there
would be an appeal from the decision of Justice
Amend Of the Supreme Court TO open the ballot
boxes
Il have instructed Judge Parker not to appeal
from the decision of Justice Amend" said the
Mayor, emphahcaliy.
Replying to the question whether that meant
in all the ballot boxes should be ordered
opened, the Mayor said
I have instructed Judge Parker, who is my
personal counsel, not to appeal from Justice
Amends decision"
Arthur McCausland, private secretary TO ex-
Judge Parker. said that Assistant Corporation
Counsel Butts, who appears for the various
boards of elections in the contest, said that there
would be consultation between Corporation
Counsel pelany and ex-Judge Parker later,
when it would be decided whether or not there
ought to be an appeal taken from the orders to
the Appellate Division in behalf OF the Board of
Justice Amend, who on Monday granted the
applications made by counsel for William R.
Hearst John Ford and J. G. Phelps Stokes
candidates for Mayor. Controller and President
or the Beard of Aldermen, respectively, the
Municipal Ownership League ticket, for the
opening of the ballot boxes in five election dis
tr1cts yesterday handed down his formal order.
Inc ballot boxes to be opened are those of the
9th and 10th Election Districts of the I'd As
sembly District, the I'd Election District of the
9th Assembly District the 3d Election District
OF the 4th Assembly District and the 11th Elec-
ton District of the 1st Assembly District.
the various districts to report at Special Term,
Part /, Of the Supreme Court, at p. m, on
December j, and recount and canvass the bal
lots belonging in the respective districts in the
way prescribed by law and to make true re-
turn to the court"
The recount is to include the void and pro-
-ested ballots, which, by the way now being |
counted before Justice Giegerich. The orders |
also state that the persons permitted by law |
.baT ba +t,o oy5 a1.o
or the parties interested.
Justice Amend in his order also directs the |
county Clerk to produce in court the envelopes |
the void and protested ballots now in |
lis possession and also orders the Board of Elec-
ion to produce the ballot boxes containing the |
rotes of said districts now in its possession. He
Llso orders that blank statements Of canvass
md blank sheets for tallying the votes be fur
lished for the use of the clerks
The orders conclude by stating that the in
pectors of election shall make the returns to
he court on December 4 as to how they have
ulflled the duty
Process servers were sent out last night by
'larence J. Shearn, senior counsel for Mr.. Hearst
With processes to be served upon the election in
pectors and poll clerks involved It IS feared by
Jerks viii be @ missing sing when they sS1S are wanted ID
Within forty-eight hours, according to of
he principal counsel retained by Mr.. Hearst, ap-
licaons for similar orders will be made covering
he Assembly Districts from the 1st to the 7th
nd involving from 800 to 600 election districts
hese will be asked for on the grounds that the
rSt five were test cases and 1t is expected that
lese grounds all will be granted In Brooklyn
Inilar proceeding will be begun Immediately.
The five orders signed yesterday have clause
1ections refuses to Nrecognize the order directing
hem to produce the ballot boxes in court Fri
special orders will be obtained from the justice
D secure the boxes.
Learst. filed with Chairman Doull OF the Board
Canvassers, protests covering the first fourteen
ssembly districts and asking that the inspectors
for to make corrections, if they legally
his will force Chairman Doull To- show how he in
.nds to correct the statements of canvass.
earst counsel will be before Justice Giegerich.
robabIy Friday orders will be presented to him
skiing for n count OF the ballots declared good
sllots' by the Justice.
Pursuant TO order issued by Justice Giegerfch
le first ballot box will be opened to-day This is
ballot box in the 66th Election District of the 21st
ssembly District where it is alleged the en-
.lope containing the void and protested ballots was
1t in the ballot box instead of being delivered to
e County Clerks Office.
The examination of the void and contested ballots
all the assembly districts in the boroughs of
anhattan and The Bronx. it announced last |
ght. will be finished by this evening .
The only candidate who is gaining votes is Mr.
rome who. since Justice Giegericb's opinion was
nded down, has had many decided in his favor.