New-York tribune., 1906-11-13
TO EXAMINE BALLOTS.
Action Taken to Force Inspection OF
Those Declared "Void."

oraars ,,,ara eiened Yesterday by Justice Mac
1ner ., tba Supreme Court. Manhattan, and by
Justice Dtckey. in Brooklyn. compelling the
boards Of canvassers in New York, Kings
Queens and Richmond counties to show CAUSE
why there should not be judicial examination
of all ballots considered void by the boards OF
election and of all protested ballots. These or
ders are returnable tomorrow morning. A. D
Gilbert. chairman of the Republican law COM
mittee. who obtained these orders will appear
then for the candidates on the Republican state
ticket whose election is in doubt
This legal procedure will compel judicial de-
cision as to the validity of each ballot on the
disposition of which the lawyers for the oppos-
ing political parties cannot agree.
These orders correspond in every respect TO
the one granted last year to William r. Hearst
by Justice Giegerich. in the Mayoralty contest
After the order was obtained, the court exam
ined all protested and void ballots and passed
final decision upon them In cases where II
appeared that the ballots had been marked 10
identify the voter, the ballots were thrown out
The same methods will be adopted now that the
applications have been granted.
The orders signed by Justice MacLean against
the Board of Canvassers in New York County and
Justice Dickey against those in the other coun-
ties were identical. save that Justice MacLean
struck out OF the papers presented 10 him
paragraph restraining the board from making
an official presentation of the result of its can
vass before the judicial determination Of the
fate Of the void and protested" ballots Since
the order to show cause will be argued and the
doubtful! ballots all judcially canvassed before
the Board of Canvassers can complete it's work
that point was considered immaterial by Mr..
Gilbert
Mr. Gilbert's formal application to the courts
| was signed by NJ Linn Bruce. Merton e. Lewis
| and Julius NJ Mayer. 1t asked for the order
| against the boards of canvassers and, further.
| for an order of mandamus restraining the hand
ing in as official of returns for the canvass until
| the courts had decided on the doubtful ballots.
which then would be added TO the official result
! or subtracted from II.
| In the moving papers it set forth that
Messrs. Bruce. Lewis and Mayer were. respec-
| lively candidates of tho Republican party for
Lieutenant Governor Controller and Attorney
! General and that "the certified original state
ment of the results Of the canvass in the various
| election districts OF the various Assembly dis
| tricts of the county of New York shows that
| certain of the ballots counted at said election
| held On November 6. 1906 We're objected to and
| marked for Identification. and that other bal
lots were rejected by the inspectors of cleo
ton IN said various districts void and which
were not counted for any candidate" The petit
| ton went
| Your petitioners further allege that in order
that their rights may be preserved herein
an order be made restraining the Board OF
| County Canvassers in the county Of New York
from completing the said canvass and from is
suing official statement thereof until the fina
| order IN this proceeding shall be entered and 6
proper writ Of mandamus issued.
Justice MacLean, after looking at the papers
| called Mr.. Gilbert of counsel for the ~otition
| ers before him and said: IT see this affidavit
is based on information and belief. ] cannot
| grant a stay against the Board of County Can
| vassers on so vague an application"
| Mr.. Gilbert replied that the moving papers
| were identical with those used last year, which
| justice of TIE Supreme Court had signed, but
| Justice MacLean would not grant the manda.
mus against the Board of Canvassers. Later he
| signed the order to show cause making IT re-
turnable before Justice Dowling in Special Term
| Part l, tomorrow morning
Tammany end Hearst members Of the Board
of Aldermen held caucus in the City Hall yes
| terday and demonstrated their control of the
Board of County Canvassers. Reginald c. DouI
| was chosen as chairman of the board There are
forty-four New York County aldermen, and o.
| these the Tammany and Hearst men claim t.
have twenty-soven. Mr.. Doull was chairman Of
the Board of County CanVaSsers a year ago