New-York tribune., 1906-04-15
HEARST RENEWS FIGHT
ON THE MAYOR'S TR4U.
disks attorney General for Ono
W0rr0ntO PROCEEDINGS.

William Randolph Hearst formally apnlied to
Attorney General Mayer yesterday for the in
stitution of quo warrantO proceedings by him on
behalf of the people of the state to test the title
of George p. Mcclellan to the office of Mayor.
The applicant declares his belief that the
greatest number of lawful votes cast for Mayor
We're for him. and that he did not receive the
office account of fraud in counting and cam
Vassing the votes. He excuses himself for not
making the application to the Attorney General
before the ground that he had been endeav-
oring To get a recount Of the votes through more
expeditions means
Attorney General Mayer told a Tribune re-
porter last night that he had set down the hear
ing on the application for Thursday morning at
II: 80 o'clock al Albany
Some politicians here went so far as TO hint
that Mr.. Hearst had become discouraged over
the prospects Of his attempt get the nomina-
tion for Governor and that he seeking TO
save from the wreck the office he had claimed
since election.
1t had been generally thought that Mr. Hearst
would make no further efforts prove that he
and not Mayor Mcclellan was entitled 10 office
on the day after election application was made
by Hearsts lawyer for peremptory writs OF
mandamus in five test cases. requiring the in
spectors and poll clerks in five districts to
assemble and recount and recanvass the ballots
in their districts. 1t decided al special
term of the Supreme Court that the votes in five
districts should be recounted but not recan-
vassed The Appellate Division. on appeal,
decided that the ballots should also be recan-
vassed and upheld the order of the lower court
as to the recOunting. on an appeal 10 the Court
Of Appeals by Mayor Mcclellan the orders of the
lower courts were reversed. His contention that
under existing laws there can be a recount only
I'm action I'm quo warranto or in Legislative
Contes, upheld. In his application Mr..
Hearst says
Applicant was advised by his counsel that
action IN quo warranto IS necessarily attended
with very considerable delay. and for this rea-
son. and because Of the fact that there has been
a bill pending before the Legislature which X
enacted would permit a recount and a speedy
declaration OF the result the applicant has post
poned filling this application. II now appearing
that there is no intention on the part OF the
Legislature to pass said BILL this application is
ned. to the end that il may be judicially
determined whether the aforesaid George b
Mcclellan has a valid and lawful title 10 the
Office OF Mayor Of The city Of New York
Mr. Hearst offers 10 furnish such bond as
may be required for the prosecution Of the
lion and payment of the costs and expenses.
After recitng the fact Of the election and that
the Board Of City Cauyassers. announced that
Mcclellan had DDS 397 votes, Hearst 22402 and
William NJ. WINS 137l83 that the certificate Of
election had been given Mcclellan. that he
had taken the oath Of Office and had since held
the office the applicant AYERS.
That he verify believes Mcclellan is a usurper
Of said Office and not rightfully or lawfully en-
titled 70 exercise its functions. That the votes
for said Office were not truly counted as cast.
we're Illegally canvassed and falsely re-u.,,-sse"
the inspectors OF elections. That intimidation
and Violence at the polling places during the vot
ing hours and during the count prevented a free
expression Of the Will Of voters and a true as
certainment and declaration OF the vote. That
tr r7s.A -lra nm
than once That the votes OF men who were
not registered were received. That men were
permitted TO vote under other mems names
That votes purchased and laWfnl voters
disfrauchised by trick and device. That all 80
said frauds were praCtiScd, "a the applicant
verify believes III aid Of the candidacy OF
Cieorg., L. Mcclellan and solely by means there
Of was plurality in his favor created upon tls-
face - the returns
The applicant states that skilled accountants
in his employ found discrepancies in a number
Of Assembly districts between the total number
of bal lots cast as shown by the ballot clerks
returns and the total number shown TO have
been counted He says he has good and valid
reasons to believe that the miscount was made
in the interest Of Mcclellan, and that if there
We're recount Of the ballots I'm the said districts
it would be demonstrated that Hearst was elect
ed Mayor by a large plurality.
In this connection aiiidavits annexed al
leging that in various parts Of the city illegal
votes we're counted for Mcclellan in spite Of
protests, and the officials refused to count ballots
similarly marked when cast for Hearst. and
placed them in envelopes without any marking
TO show whether or not they had been counted.
II is also alleged that the managers Of the Nc
Clean campaign bribed Hearst watchers to
stay away from the polls and that this IS "A fur
ther evidence Of an alleged combination
Afidavits are attached alleging unfairness
and discrimination in the canvass Of the votes.
describing alleged instances where men were al
lowed 10 vote under other mems names aud
other illegal acts at the polls. and alleged in
stances whore voters and watchers for the AIu-
ncipai Ownership League were intimidated by
cla officers