Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-31
MAY RECOUNT 7HEvOTE
Hearst Invited to Ask Openinu
of Ballot Boxes.
MCCLELLAN WILL FIGHT
Letter From New York's ATTORNEY
General-E
MOVE AGAINST THE MAYOR
w. S. jackson Sends Notice to Hearst
to Apply for Leave to Pro-
coed Against Incumbent.
MOVE AGAINST THE MAYOR

NEW YORK, December 31.-Attorney
General-elect William S. jackson, who is to
take office tomorrow, sent the following let
ter to William r. Hearst Yesterday from
the Victor Hotel:
William r. Hearst, 135 East 2Sth street
Dear Sir: In the matter of the applica-
ton Of William Randolph Hearst to Mr.
julius Mayer, attorney general of the state
of New York, for leave to institute quo
Warranto proceedings against George B.
Mcclellan, mayor of the city of New York,
which leave was heretofore denied, you are
hereby notified that should you desire to re-
new or to make another such application
rehearing and consideration on said matter
will be granted by me as soon as I take
office as attorney general on January /,
1907
You are thus informed because 1 deem
that the welfare and dignity of the people
of this state demand the immediate settle
ment of the serious questions involved.
Yours truly,
Wv S. JACKSON"
Mr.. jackson care out copies of this letter
at the Victoria last night.
The letter speaks for ITSELF" he said
Il have no further statement to make about
the matter at this time. Any statement
now must come from Mr.. Hearst or his
counsel
Shearn Pleased.
Clarence j. Shearn, Mr.. Hearst's counsel
said that the first intimation he had that
such letter had been sent was when he
heard of it from the reporters, though Mr.
Jackson, it was understood, had had a talk
yesterday with Mr. Shearn and also with
Mr. Hearst
This is certainly very gratifying to u.s."
said Mr.. Shearn las matter of fact
we had all along intended to present such
a n Mr. To- p
took office and the papers are now all pre-
pared and will be handed to him on Tues
day. 1t will then be for him to set a date
for argument. We intend to push this
fight for recount as vigorously as ever,
and nothing, will be spared to bring about
It T looks n OF the votes ballot boxes
some action at last"
Mr.. Shearn said that the papers which
would be submitted in the new application
were practically the same as those pre-
scented to Attorney General Mayer, who de-
MED the application. In denying it Mr..
Mayer said that in his opinion nothing was
Shown in the papers which would indicate
that the result of the election would be ma
terially changed.
Charges of Fraud.
There are 200 printed pages of affdavits
for Mr.. Jackson to go over alleging frauds
and mistakes in the count. The other side
has the right to oppose the application be-
Iore the attorney general, and Mayor Nc
Clellan will be represented in the argument
probably by Assistant Corporation Counsel
Butts. who has handled the case all along
Mr. Jackson has been asked verbally by
Mr. Hearst and his friends to give them a
rehearing, but his letter was not sent in re-
ply to any formal written applica ton, and
1t had been the general expectation that
Mr.. Jackson would wait until after he had
taken office and received such a request
That he anticipated this by a letter in
which he says he believes the people of the
state demand a settlement of the matter
leaves little doubt that he intends to grant
the application In that event it will be for
him to bring an action in the supreme
court. He could do this in any judicial dis
trict In the state. 1t was said last night
that the action would probably be brought
in some district up the state on account of
the crowded condition of the calendar here
1t Is the intention of Mayor Mcclellan
and his friends to oppose such proceedings
and to take advantage of every point that
seems to Justify an appeal. Most of the
lawyers who have looked into the case
have given up figuring how long these pro-
ceedings might take, but all have agreed
that they will take a long time, and with
a sufficient number of appeals could be
made to last almost indefinitely. The ex-
pense, which would also be great, falls on
the applicant If he loses.