Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-11
HEARST MAY YET
Be MADE MAYOR
Efforts to Have a Recount of
the Last Year Ballots.
INTENDS TO FORCE ISSUE
Matter Rests Entirely With the At
torney General of State.
3 MONTHS TO EXAMINE VOTES
Task Would Be a Difficult One and
Might Consume Some
Little Time.
Matter Rests Entirely With the At.
torney General of State.
MONTHS TO EXAMINE VOTES
Special Dispatch to The Star.

| Special Dispatch to The Star
NEW YORK. November 10.-Twelye ,ur.
ors and Justice of the supreme court NAV
oe caiied upon to pass upon each one Of
the thousands Of ballots voted last fall In
every election district of New York for the
| Office OF mayor.
PROVIDED William H. Jackson attorney
| general-elect, reverses the decision of hi.
predecessor Julius Mayer and decides that
"iiiiam X. Hearst has established a prima
1acle case. Quo warranto proceedings will
be instituted, and every ballot cast in last
years election will be scrutinized by a
judge and jury.
That William r. Hurst intends to force
| this issue and to renew his fight for a -.
canvass Of the ballots is the emphatic as
sertion made by Max F. Ihmsen his cam.
paign manager. and by Clarence ]. shearn.
his attorney.
That this matter was the subject of q
| lengthy conference yesterday at Mr..
| Hearsts home between Attorney General
elect Jackson. Mr. Shearn and Mr.. Hearst
Is also believed to be the case
Even though Mr.. Hearst should not desire
| to test his claims. yet the new attorney
| general can, under the code of civil pro-.
| cedure, commence quo warranto proceed
inss on his own initiative. He could do
| this even though Mr.. Hearst should OBJ
| 5ect to It.
| Section 1850 of the code STIMULATES that
| such proceedings must be before a Judge
ana jury, and the attorney general In the
name OF the people of the state is en-
| powered to institute such proceedings be-
l tore any supreme court in the state y,
Rests With Attorney General.
Whether or not proceedings of this nature
shall be started rests entirely with the at.
torney general, who is given large discre.
tionary powers. Even when an action OF
thls KIND Is started the attorney general
may use his own judgment as to naming
the person who alleges grievance Hs
may even base his complaint upon "infor.
nation received. without revealing except
ton is.
Considering the stupendous work that
would devolve upon judge and jury in an
action OF this nature, fully three months
would De taken up in the examination OF
the ballots alone.
Another month would likely be taken up
by counsef for the state and the incumbent
In arguments and objections from time to
time during the trial. and in analyzing tho
results before the jury
II an ADVERSE decision TO the incumbent OF
the office would be rendered, several months
more would pass by before the appellate
division of the supreme court would pass
upon disputed points.
Then from this finding would be the car
rying of the case to the court of appeals.
which could reverse the entire finding of the
lower courts, dismiss the complaint abso-
futely or return 1t for new trial.
Based on these premises q conservative
estimate, put forth by lawyer who is con-
versant with the process that would have
to be followed. is that at least year would
be taken up with the case provided new
trial was not ordered.
Presenting that Hearst would be declared
the duly elected mayor and Mcclellan tho
Illegal occupant of the office. the decision OF
the court would at once remove Mcclellan
from the Office and establish Hearst as the
city's chief executive. Hearst would there
upon take the oath in the manner pre-
scribed by law. just though there had
been no contest, and assume the duties
Mode of Procedure.
Hearst's first move would be to demand
of Mcclellan all the books. papers docu-
ments, and the like, that pertained to the
office. Next he would demand all tho
salary that Mcclellan has received during
his incumbeucy, and finally, he would re-
move practically every man appointed by
Mcclellan.
In event of Mcclellan refusing in any
manner to accede to the demands of the
new mayor, warrant would then issue for
the arrest of Mcclellan from the court
which decided hid to be "usurper."
suit for darages. based not only upon
the loss of the salary for the time Of Nc
Clellan's incumbency. but involving finan-
cial considerations for the loss of prestige
and the like. through deprivation Of the
honors conferred by the Office, could also
be started.
: The Attorney Generals Attitude.
The decision of Attorney General Mayer.
following the presentation of Hearst's
claims by Attorney Clarence ]. Shearn. on
May Fl, 1905, concludes follows:
1t will thus be seen that, although eight
months hape elapsed since the election,
and the fullest opportunity has been open
for the discovery of facts showing, or tend
ing to show, that the applicant was elected.
he has failed to demonstrate that fact,
even though, for purposes of considera-
ton, every claim of fact which he has
made has been fully allowed.
To grant the application would amount to
setting precedent upon the strength Of
which any person, upon claiming that he
was elected, would be entitled to the per-
mission of the attorney general to test
the title of Office in the name of the
people.
To fail to require adequate proof suff1-
Client to cast doubt, prima facie, upon such
legal title would be an abuse of the dscre-
ton and authority imposed by law upon
the attorney general