The sun., 1905-11-13
CONTEST OVER THE CITY VOTE
UEiRST WEN PLAN TO GET COURT
ORDERS INNIMERiBLE.
The Opposing Lawyers Disagree About the
Erect OF the Court OF Appeals Dccls-
ion-Th Arrest OF East Side Tanls
many Politician IL SIN Threatened


Tho Hearst lawyers are planning to apply
Gar several thousand Supreme Court orders
when the different boards of canvassers
meet this week to begin canvassing the city
y,,s. II was learned yesterday that the
,lun Of the Hearst counsel Ia to ask for an
order to compel the inspectors to recount
,hn votes in ballot box whenever the face
NJ the returns shows discrepancies, or.
in other words when they don't balance.
If is also their plan to ask for court order
10 open the sealed envelopes containing
ballots returned as "void" or protested" !"
whenaycr the two sides cannot agree
whether such ballots should have been
cnInted or not The Hearst men say that
there are over 1000 ballots returned as void
and ncarlyG 900 protested and defective.
Tho uraist people say that the ballot
clerks returns Of the disposition made
II the numbered ballots disagree in great
many cas,s irrcconciably with the in
snactor-' returns of ballots voted and
rejected On the strength of this they
viii formally ask tho inspectors, when the
;r.raclnrs %', are summoned before the can
yassrr- tocorrect clerical errors o recount
the votes in the boxes. The inspectors
y will necessarily refuse, whereupon the
court will ba asked to order the boxes
4 ptpnpl ana the recount Hduc.
The ammany lawyers say that ballots
In the boxes cannot be rerounted and that
Under the decision of the Court of Appeals
in August 1904 published yesterday no court
can direct them TO be recountod. There
have been reCounts of tins kind in the past,
hut Chairman Knox Of the Tammany law
committee said last night that there had
been no attempt to make them since this
decision was rendered and that the decision
/, the latest law from the highest court.
The Hearst lawyers, however, seem to
think that the decision will not apply in
the cases which they are to bring before
the courts on allegations that many void
ballots we're put in the boxes. although
so many more than usunl were rejected
as void
The boards of county canvassers, are to
convene on Tuesday according to the law,
and in Queens and Richmond the proceed
ings will begin on that day. In Manhattan
and The Bronx and in Kings they will proha-
bly be adjourned until Wednesday morning.
Both sides are prepared for the contest in
Queens and Richmond ana a lou OF lawyers
will be on hand.
As to the void" and protested" ballots
the Hearst men will ask to have all the
envelopes opened. This the Board Of
Canvassers has no power to do, o't
the court has power. Whatever the
result of the inspection OF these ballots,
the board cannot change the face of the
ret,Irns But either side after inspection
NAV ask the court 10 direct the boards of
election inspectors to exclude from the count
protested" ballots tat have been wrongly
counted or include void" ballots that should
have been counted. 1t is also maintained, al
though the election law does not so specify,
that the general power Of the court extends
to causing the inspectors To include in the
count protested" ballots, which the law
says should be counted, but which 1t might
be discovered were not counted.
The Hearst re0ple believe that possibly
an agreement can be reached on some OF
the ballots rejected as void; that they will
he so obviously valid that the Tammany
LAWYERS will not dispute the point with
them. But they expect to have to make
all the rest the subject of individual court
orders. The Hearst lawyers say that they
can ask any Supreme Court Justice for such
court orders.
regarding the Court of Appeals decision
invoked by Tammany that the part Of the
decision which seemed to prohibit the
opening of ballot boxes in a contest was a
mere -a+eterTf" Of the court and could not
be Construct the law Of the State.
Charles Fl. Knox, for the Tammany
side does not agree. The theory of the
law which is reflected in this decision. +"
said MIR. Knox. lis that it is a most dam
gerous thing to open ballot boxes. l can
rot say, OF course, what tho courts might
do in some extraordinary case. But II
ballot boxes can be opened in this case it
can he done in innumerable cases, which
would open the door to all kinds Of fraud.
That is just what the Court of Appeals
practically pointed out.
The report current for two days that
warrant for the arrest of ar East Side
Talnmany politician would be served to-day
was renewed last night. The Grand Jury
j. to hear more election cases to-day.
HEARST ADVISES AGAINST MORE MASS
MEETINGS.
William R. Hearst sent out this state
ment last night:
Having been invited 10 attend meeting
a. Durland's Academy on Saturday last.
| sent letter expressing confidence that
the cour's would deal speedily and effec-
lively with the election crime.
Having received an invitation to-day
To attend another meeting to be held Mon
day night. take this opportunity to advise
against tho further holding OF meetings
OF protest and indignation in the present
excited state of the public mind.
or course. ! have no control over such
popular meetings and | cannot and do not
attempt TO deny to any the right of ssomhy.
bur can and do advise my friends as TO the
iIIdicious and effective manner of procedure
a. this time.
Meetings are merely expressions OF senti-
meni and the time is now at hand for legal
ao'ion.
Moreover. in the excitement Of mass meet
Ing some one may be led to make extrava CANT
d"claratlons or Mr.. Murphy may endeavor
g. introduce some Of the incendiary literature
or some of the violent orators or some of the
rel flags that have been left over TO him from
the campaign.
II nay friends have confidence in me and
ny coworkers they mast realize that no
meetings are necessary to urge us to our
utmost effort in their behalf.
lg lE a NsaTZ N 81
retained the most competent collectors or
evidence have been employed. ample rewards
hay" bt"N offered. and the results to date are
most encouraging.
The Niorncy-G General has already secured
manH Indictments, and many more will follow
Nllhu rhc next few days.
Liully believe that not only will many Of the
p"Tr"'ral ors of the recent election outragcs
be sent - lail hut also that adequate election
laNS viii hc enacted that will prevent the re-
ourr"0o" of such election crimes.
WILLIAM RANDOLPH HEARST.
BEAVERS CIT DOWN TAX RATE.
ilkcWIs' n swamp Oak In Bronx Zoo, where
Wonders Never Cease.