The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-22
HEARST AFTER ~QUOVARRAHTO
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feiy diattiDtI there hntl hpph . wisCpunt
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AMI Nmend ~ Witch ballots ~ certain de.
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eleveuth district IT the Iitat Assembly
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VOTES fpr llpprsi Mcclellan plurality IA
w" CIV WIS tfIN NlENt ana 70 tlHtNf ~ NV
vote Nv each election M strict would alter the
Feault Henrpf. hp said. had uu repre-
pantatiun m election officers and the hi-
partisan buHrda IN apmo district we're moth
Ing more than a thruc The entire lnHrd
was IatninnnV. although .'mc ~ the IN
epectofs wore Republican udE0- Ho a.
perted that money bod been offered some ~
the Hearst Watchers to desert lhrir posts
of duty
Some fifty or sixty nhidavits were pre-
sented Nv Nr Shclrn tO show irregularities
In the %olnCtion sufficient. he argued. "a
make II necessary for the courts Ia be per-
mitted a. make an investigation "a test
Mayor Met lellan'g e%lcCtiontoth The Mayuralty
Assistant Corporation Counsel BUTTS ar
gted IN opposition to the application, hold
ing that II was the duty of the petitioner to
show 10y a ~preponderBnce Of proof that
there had not been n fair election Counsel
had not done this He had simply given iso-
lated examples OF allie ged irregularities.
He analy1ed the afidavits of Mr. Shearn and
argued that they did not attack the honesty
at the election a nd were founded in some
instances on hearsay. Neither were they cor
roborated, In only thirteen Of the upward
OF one thousand election districts Of the
county Of New York alone would bMr Butts
admit that there had been ire gula rites
and in these cases he held that the instance
OF Irregularities were isolated and not ris-
ing to the dignity Of an attack on the hon
esty Of the election.
In one instance. which Mr.. Butts said was
characteristic, the alleged irregularity oc-
CURED after o p. NJ, when the election was
over, and in another case an election official
was thrown ont OF the booth early in the
morning. The cases instanced, he on
tended, could not have affected the election.
the one being too early and the other too
late in the day. Altogether the matters
treated in the Hearst afidavits did not as
sumo the proportions of a dignifed attack
on the validity of the election and were not
such as were required to substantiate an
application to begin quo w%arranto pro-
ceedings,
Acknowledgement Mayer reserved deci-
sion.