New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
TO OPEN MORE BOXES.
gTEPs TOWARD RECOUNT.
Hearst Mems Hopes Hang on De-
cis;on from Court of appeals.

5ustfcs Slower OF the Supreme Court, yes
ssrcsy signed orders directing officials Of seven
esen election districts TO show cause why BAL
scs boxes within their jurisdiction should not
be reopened- This action was IN line with the
announced policy OF the Hearst lawyers 20
AJAX for a reoanvass OF the votes in every ans
xrsot La the city where there is discrepancy
ia the returnA The application was maze ~
Henry peForest Baldwin. of Lord. Day g Loro'
o1 counsel fer Congressman Hearst ena ms COL
leagues On the city ticket The districts covered
a-e 81 follows;
First Assembly Distrsct-1st, I'd 9th. 11th
ana 14th Election districts.
Eighteenth Assembly Dirtrict (Murphy o.
18th. 10Th 3D. 9th and Est Election districts
Third Assembly District-13th. 10Th, 9th. eths
16th and 1Tth Election districts.
Orders covering many other election dis
tz1cts In the 18th District viii be asked for
thss week Counsel for Mr. Hearst said yes
fsrdAy th&t a careful Investigation OF the re-
Enrns warranted counsel in asking for the re-
spanning Of the boxes IN many election districts
81 the L4th. 18th. 10th and Goth Assembly dis
fTscts.
The order granted by Justice Slower yesterday
b returrable before Justice Greenbaum on
TUESDAY, assuming that the decision Of the Court
II Appeals is in favor Of Mr.. Hearst
The application was made under Section "a Of
khs Election Code which says. In effect that
wherever theirs is discrepancy between the bal.
let clerks returns end the total CT the tally
sheets a mistake has been made in counting
E5s vote. and recount must be had. This is
tia section OF the code under which the contest
has been carried to the Court Of Appeals.
AS matters stood last night the control Of
Che city government for the next four years may
rest on the decision OF the Court OF Appeals. fol-
loving the argument tomorrow. Ex-Governor
Black VIII represent Mr. Hearst and Alton B.
@Erker Mayor Mcclellan. If the court vacates
fne order granted by Justice Amend, giving the
contestant the right to open the boxes then the
Hearst men admit that there is little chance
o. whiting away Mayor McClelan's plurality.
On the other hand. Il Justice Amends order Is
sustained the Hearst men will start right in on
Kne procedure necessary TO have a recanvsss
connosnt th6t Hearst VIII be seated
Inc bitterness engendered between the con-
Sestants was evidenced yesterday, when tia
Hearst men tried to get access to certain returns
on ME IN the County Clerks Office Justice
G4egerfch had instructed Mr. ETearsf's iauvs-c
70 submit Monday afternoon an order eaffJiDg
81 the void and protested ballots that had come
before him. To carry cut this instruction II was
necessary to set forth in the order the state
ments Of the election inspectors many Of which
had been altered when the tally sheets contain
snS them were brought before the Board Of
When application was made to the County
Clerk for access to these papers Mr.. Hamilton
refused to allow them to be seen 71nless Az
siEtsnt Corporation Counsel Butts, who has been
scting for Mayor Mcclellan. gave his consent
Mr Butts refused.
Mr. Baldwin then tried TO get an order from
Justice Slower to compel the County Clerk 70
snow the necessary papers, without giving the
previous notice to the lawyers on the other side
AS the County Clerks Office closes on Satur-
days ct o'clock II impossible to get the
notice required and the Mcclellan men gained
q cay, thereby blocking the Hearst men until
Monday.