The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-13
COURT ORDERS TOCANVASSERS
PROGRAMME IS TO OPEN THE
SEALED ENVELOPES.

Chairman woodruff Comes Back 20 Help
Find Out How Many Votes Bruce
Got -Tammany Contr OILS the Canvsssing
Board Here, Republicans In Kings,
On behalf Of the Republican candidates
for observation-disclosures Secretary ofState
and Attorney-General A. s. Gilbert secured
yesterday from Justice MacLean in this
county and from Justice Dickey In Brook
lyn orders to the Board OF Canvaseers to DO
organised to-day in the our counties Of the
city TO show cause on Wednesday why writs
of mandnmus should not issue for an ex-
animation Of the scaled envelopes contain
ing ballots returned as void or protested.
The Court has power in such a proceeding
to direct tho canvassers to exclude from
the count any protested ballot that appears
to the Court TO nave been marked for identi-
fication and to include in the count any
ballot that seems to have been improperly
excluded as void.
Mr.. Gilbert asked also for a restraining
order directed to the Board OF County Can
vassers which would prohibit them from
completing the official canvass pending the
judicial examination OF the void and pro-
tested ballots and from issuing a certificate
OF their canvass.
Justice MaoLean refused to grant the
restraining order on the ground that the
afhdayits submitted we're based merely
on information and belief and not IN posi-
tive knowledge. Justice MacLean said
that he would not on such aftidavits restrain
an official body from performing its statu-
tory duties. Lawyer Gilbert said that
such an order had been granted last year
on similar ~afidavits, but he could not give
the name OF the Justice who had signed
such an order. and Justice MacLean said
that without more positive declarations
he would not sign "A restraining order.
Justice Diokey, however, did grant such
an order for Kings, Queens and Richmond.
In the affidavits submitted by Mr.. Gill
bert il was set forth that errors had been
made by the inspectors OF elections in
various districts through the county.
These errors were, the atlantis declared,
that ballots protested as void by the he
publican watchers were improperly counted
and that other ballots we're wrongly pro-
nounced void and not counted for any
candidate.
Chairman Timothy L.. Woodruff OF the
Republican State committee returned to
town yesterday from his place in the Ad-
irondanks, where he has . entertaining
G~overnor-elect Hughes, Lieut.-Gov. Bruce
and others.
Il cut short my trip" Mr.. Woodruff
said, ito see what l could do in securing
a proper count OF the vote. | am not rails
ing any cry OF trauu, nor 40 L Lntcnu 10
raise any such cry. / am simply going
to do ell l can to secure a full and fair count
and / intend to invite the other side to
help me. We will have lawyers present
at all the meetings Of the canvassing boards,
and they will probably ask the courts to
pass on the void and protested ballots,
but we are not preparing 10 ask for any
recounts or for the opening OF the ballot
boxes. All that we shall seek will be to
have the votes honestly and fairly counted,
and il we get that we will abide by the
result"
The Board OF Canvassers for this county
will begin the count In the City Hall to-day.
The twenty Tamrnany Aldermen OF the
county will ave the support of five Munich
pal Ownership members and consequently
will organize the board. the Republicans
having only nineteen votes. II is the
intention Of the majority to elect Alderman
Doull chairman. The board employs
expert accountants to tabulate and sum
up the vote.
Alderman John Diemer, Republican.
will be chairman OF tho board in Brooklyn.
Here zach Alderman appoints a clerk at e5
a day to do the clerical work. and the en-
tire board names a general clerk. The
canvass will be done in the Veterans Room,
ROFOugh HALL