New-York tribune., 1906-12-31
MAYOPEN BALLOT BOXES
JICKSON rs WILLING.
Tells Hearst He VIII Consider Ap-
pEcation for Recount.

! Attorney Generai-eect William 6. Jackson
came down from Buffalo yesterday to see Clar-
ence J Shearn. attorney for William r. Hearst
Soon after their conference Mr. Jackson sent the
| following letter to Mr. Hearst:
IN the matter Of the spplieaton Of William Ran
ofPb of the state Of New York for leave to institute
9ue warranto prScesdings . asansNt "a N GeSrgs & & Me-
Leave herst0tors denied You are hereby nstI
ton Of said matter will be granted by ne as soon
| as take office Attorney General on January
You are thus Informed because deem that the
welfare and dignity Of the people OF this state de-
n1and the Immediate settlement of the serious
questions involved.
The papers for the quo warranto proceedings
have all been prepared" said Mr.. Shearn last
night. "and they will be filed with Mr.. Jackson
on Tuesday morning. IT means that Mr.. Hearst
will go ahead with proceedings which shall de-
termine whether he was counted out or not
William A. Deford one Of Mr.. Jackson's depu-
ties, who was one OF the sub-managers Of the
Hearst campaign. in conference with Mr..
Jackson last night at the Hotel Victoria
Mayor Mcclellan and his friends never have
been worried in the slightest over quo warranto
proceedings. One Of the Mayors advisers SAID
last night: "Al that a quo warranto proceed
ing means is that Mr.. Hearst is to have a right
TO begin contest in the courts for a recount
Of the ballots. II does not necessarily mean
that there VIII be recount. II means that
Hearst can apply TO the courts for redress. IN
der PROCEEDING of the kind contemplated. the
burden of proof rests on Hearst. He will have
TO specify under oath. through his agents. that
fraud was perpetrated in a specific district.
When the ballot box is opened, if the alleged
fraud turns out to be matter of counting sus-
picious ballots which considered void by
the inspectors the Mcclellan men will fight
Hearst to a. finish every disputed point
Hearst probablv will have to furnish bond
indernnify.ng the city against loss in case he
fails to prove his contention that he was
wronged IN the count
The election law contemplates the destruction
of the old ballots six months after Election Day.
Counsel for Mr. Hearst last summer appealed
10 the courts for order restraining the Board
of Elections from destroying the ballots cast in
the Mayoralty election a year ago last fall.
Justice Mclean granted the order desired.
After the election Of a Democratic Attorney
General, Assistant Corporation Counsel Butts
appealed from the order, apparently with the
ballots. The Appellate Division has not hand
ed down its decision on the appeal.
The appeal to Attorney General Mayer for
permission 10 bring quo warranto proceedings
was not made by the Hearst people until the
Legislature finally declined to pass a recount
bill The bill would have enabled the Hearst
men 10 recount the cast ballots far they
liked. ard as soon as the recount showed that
the official" plurality of about $500 for Nc
Clellan had been more than offset by correc-
tons the recount might have been halted. with
out going through ali the boxes
There is strong suspicion that in many OF
the downtown districts Mr.. Hearst lost many
hundreds OF votes In the canTassing Of the re-
turns. Probably frauds were committed by
which he loser IN Charles z. Murphys
district we'll in ali the Sullivan districts.
Murphy was against Hearst then. were the
Sullivars. Both the Suivans and Murphy be
cane his allies at the state convention last fall,
and worked for hrl at the polls on November 6.
II the recount goes far enough II is believed that
II will PROBABLY show that nearly all the frauds
were committed by the very men WHO
his political hedfellows.
Since the last election Hearst tas quarrelled
"ith tre Independence League County Commit
tee. He threw out Tim Driscou, the county
chairman. and put another man in his place.
The Hearst man unseated by the Driscoll
men, who row are in control. Some OF the wit
nesses whom Hearst needs in a. quo warranto
proceeding are now opposed to him. The Board
Of Elections is anti-Hearst. On January ! Mayor
Mcclellan will appoint new board. and, now
that q fight is TO be made for a recount. only
men who will he first, last and all the time op
posed 10 Hearst will be appointed commits
stoners. The Board Of Elections has the custody
of the old boxes