The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-01
OPENED BALLOT BON ANYWAY.
Assembly Committee Asserts Its. Powers.
and Doesn't Fine Much.

Chairman Grattan Of the Assembly Com
mittee or Elections, took the bit between
his teeth yesterday and opened that ballot
box of the Fifty-ifth election district of
the Seventh Assembly district, Brooklyn,
despite the protest Of President Voorhia
of the Board of. Elections, The committee
is trying to determine the dispute Between
Thaddeus p. Hyatt on. o. and Michael j.
Grady DEM as to who should represent
the district in the Assembly. Grady was
declared elected by something like fifty
votes. In order to help out the committee
the Assembly passed n resolution on Thurs
day directing President Voorhis to surrender
the box. Mr.. Voorhis. acting on the advice
of the Corporation Counsel's office. refused
to comply with the resolution. He con-
tended that the only proper way for the pro-
duction of the box was to. get an order from
the Supreme Court.
After Mr.. Voorhis had told this to the
committee on Friday the committee ad-
journed for a night in order that Mr.. Voorhis
might think over its threat to adiudge
him guilty Of contempt if he did not give
up the box. Mr.. Noorhis, however, had
not changed his mine when he appeared
again yesterday morning before the com
mittee at the Hotel Cadillac. Then a new
~ VI was y VI bDoIl llIII
II directed him to produce the box by /
O'Clock in the afternoon, and at the same
time the intimation was made that unless
be oheyed something serious would happen
to him.
At the hour stated Mr.. Voorhis brought
the ballot box, but at the same time he
presented to the committee a resolution
who had been passed by the Board OF
Electio ms protesting against the opening
Of the box unless authority to do so was
f&,N = L. dad f-Ar. u. "a. H. o.
Court.
You don't suppose we asked to have
that box brought here merely to look at it
/ s an ornament, do you?' re arked Chair
man Grattan. Mr.. Voorhis repeated his
protest against the, opening of the box
without the permission of the courts.
Then Chairman Grattan ordered that
the committee should go into executive
session, and after every one excepting
the members of the committee and of the
Board of Elections had left the room, Mr..
Grattan seized the box and tearing apart
the seals opened it.
The resolution passed by the Assembly
merely directed the committee to inspect
the protested ballots. 1t was found that
there we're eleven of these. After an ex-
animation the committee decided That ten
of them were unquestionably void and
that the eleventh was properly counted.
This ballot was for Grady.
When the went into open SeS-
sion again ana announced the result of its
finding, Clarence Shearn. who appeared for
Hyatt, insisted that the whole OF the ballots
in the box should be scrutinized. Mr..
Grattan held that this wouli be going
beyond the powers of the committee; but
as Mr.. Shearn persisted the committee
promised that after reporting to the As
sembly and obtaining fresh instructions
from that body another session would he
held next week. There is little likelihood,
according to the opinion Of some of those
who looked over the ballots in the box, that
MIR. Grady will lose his seat.