Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-09
Construed Judges Order.


over the telephone to the captains.
Construed Judges Order.
Mr.. Voorhis is democrat and president
of the board of elections. After he had de-
clined to leave his home and go to the
boards offices to accept custody of the bal
lot boxes, appeal made to Charles
w. Page a republican member, but he too
was unwilling to take custody of the boxes
Mr.. Foorhis told the representative of Mr.
Hearst who called at his home that he con-
strued the order of Justice Gaynor to mean
that in directing the delivery of the boxes
by noon today opportunity was left to the
Tammany forces up to that hour to seek to
obtain order to show cause why the
boxes should not be delivered.
When the 3drivers and policemen guarding
the wagons found that the unwillingness
of President Voorhis to open the office
meant long wait out in the cold for them
they were angry, but they made the best
of it. Col Alexander S. Bacon, one Of Mr..
Hearsts lawyers, who played a prominent
part in the doings of the night, made
rangements for the police to get breakfast
In nearby restaurant. Police Captain
Becker of Brooklyn, who came over with
the load of ballot boxes from his station to
make that they We're cared for, and
who was the senior police officer present,
assumed charge of the situation and did
what he could to bring order out of the
confusion caused by the unusual situation.
Before refusing to receive the boxes Mr.
Eoorhis consulted Police commissioner
McAdoo. Attorney General Mayer, Corpo-
ration Counsel Delaney and Superintend-
ent of Elections Morgan were notified OF
the situation and the boxes We're kept IN
the police wagons in front of the office or
the board of elections pending decision
by the corporation counsel.
Mr. Voorhis said that the New YORK state
supreme court had held in recent de-
cision that the board OF elections is not
the proper CUSTODIAN or the poNeS, pul aiie'l
the police are. ,
When Mr.. Voorhis refused to accept the
ballot boxes he ordered that they be re
turned to the police station houses "a.
that time twenty-five police wagons were
lined up in front of the office of the board
of elections and policemen We're uhloaolhs
some of them. When they learned OF the
order of Mr.. Voorhis they placed the boxes
In the wagons again, but did not at once re-
turn them to the police stations
Mr. Voorhs said he had asked the corpo-
ration counsel for an opinion as TO Whether
he should receive the boxes, and would not
accent them until he had received that
opinion.
Ballot Boxes Under Guard.
President Voorhis said that even if the
| legal decision should be that his board must
receive the ballot boxes he would have them
| sent under police guard to some storage
Mace other than his office, which was too
| small for the purpose.
| In Brooklyn also the ballot poHes were
not accepted by the board of election Here
however the board did not leave the boxes
| in the streets, but permitted the poilce 10
| carry them into its rooms in the Iefnple bar
building The police had to remain IN these
| offices guarding the ballots, because the
clerks of the election board were instructed
| by Election Commissioner Michael J. Dady
| not to give any receipt for the boxes. By
| 6 o'clock this morning all the ballot boxes
| from the various precincts were in the
| offices under guard, and Mr.. Dady had gone
| to New York to confer with Commissioner
Voorhis upon the situation.
1t was reported that many of the ballot
| boxes in Brooklyn were not properly sealed
| and that their covers were merely pasted
| down. making it possible for any person
! TO open the box and close it again without
| detection The law requires that the boxes
| be closed with sealing wax.
Shortly before noon extra police We're
| called out to keep order in the vicinity of
| the ballot boxes in Manhattan. For three
| blocks near i1st street, 9th avenue was lined
| with the ballot box wagons, and extra lines
| were forming east and west in 41st street.
Two Boxes Unsealed.
At noon Police Inspector Max Schmitt-
| berger took charge of the ballot box
| wagons in Manhattan, and said that things
| will remain as they are until the corpora
ton counsel gives his decision. The conges-
| ton was slightly relieved by an order to
several wagons which had come from
| Brooklyn to drive back to Brooklyn again.
| representative of municipal ownership
| league watching the arrival of the wagons
| reported to President Voorhis that two
! boxes protruded from the back of a wagon
| with their covers unsealed He said these
| boxes had come from the eighteenth assem-
| bly, district, of which Charles f. Murphy is
! the leader. He asked that the boxes be
| sealed but Mr.. Voorhs replied that he
| did not have the power to do this.