New-York tribune., 1906-07-17
NO QUO WARRANTo.

The Attorney General has. of course, given
MT. Hearst a new text upon which to base ex-
cited appeals to his followers At the same time
he has given reasons which must be convincing
TO all thoughtful citizens for his refusal to in
stitute quo warranto proceedings against Mayor
Mcclellan The one fact which it is impossible
for him TO get over, however willing he might
be to take the wind out Of Mr. Hearsts sails by
giving the permission, which was the last thing
in the world Mr.. Hearst really wanted, is that
even if Mr.. Hearst's most extreme assertions of
fraud are true, and if every vote which he claims
was given to him, the plurality of votes would
still remain with Mayor Mcclellan.
The Attorney General points out that the
proper count Of every protested and void ballot
is already determined beyond question. Mr.
Hearst took all doubtful ballots which were re-
turned in the envelopes into court and all mis-
takes in them were corrected by judicial decision
from which he made no appeal. The only remain
ing ballots which he can question are those which
were counted under the eyes of his watchers
and sealed in the ballot boxes without protest.
There are 1,116 election districts in the county
of New York. Concerning the vote or me count
in only seven Of these districts does Mr.. Hearst
make any specific complaint. Thus, while he
INDUCES in violent generalites alleging fraud, he
really questions only 666 votes. and if every one
of these We're given to him Mr.. McClellan's plu-
rality would still be 2143. Moreover, it is ridic
uIous to suppose that even if these seven ballot
boxes were opened the whole 666 votes would be
found for Mr.. Hearst.
Under such conditions it is obvious that the
Attorney General would not be justified in
authorizing quo warranto proceedings. If he
did, he would be merely giving permission for
fishing excursion Mr.. Hearst has not the slight
est information of q miscOunt in 1,109 Of the
1,116 election districts in the county. He asks
the Attorney General to start the machinery of
the law, in the hope that when he opens the
boxes he Will find some discrepancies If this
were permitted a precedent would be set for the
unsettlement OF every close election, not on in
formation Of a miscount, but in the mere vague
hope Of finding a miscount
We have always felt that Mayor Mcclellan
made a mistake in resisting immediate re-
count, which in all probability would have set
at rest in his favor any questions concerning the
election. We have also had doubts about the
soundness Of the construction placed by the
courts at his request upon the ballot laws
provision for opening the boxes. If, however.
the courts were right in considering 1t bad
public policy TO allow the opening of the ballot
boxes under the present law, certainly danger
Gus precedent would have been set by the retro
active legislation which Mr. Hearst demanded,
but did not expect or desire He is doubtless,
also, extremely Wen pleaseu VIII tie AIIoLheS
Generals decision. He has a grievance of
which, without doubt, Mr.. Mayer would gladly
have deprived him if conscientious action in his
ouasi-iudicial character would have permitted.
AS a matter of party manipulation it would
doubtless have been highly useful to Republicans
to place Mr. Hearst in the Mayors chair, or, at
least, to have discounted his shouts that the
people were being defrauded Of their rights; but,
on Mr.. Hearsts own showing, the frauds were
not extensive enough to have affected the de-
clared result. and it is clear that the decision
arrived at is one founded on law and justice.
The Attorney General has not allowed partisan
ship to control him, but has, on the contrary,
taken the politically inexpedient course, and the
great body of the people will appreciate the
fact.