New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-06-12
present agones of mind will have become happy
rau,;yiScnpcnS
THE RECOUNT LEGISLATION.

The supplemental recount bill passed by the
Senate cures two Of the worst defects of the
original measure. Under the new bill the Mayor
may have a recount in election districts where
none is asked by Mr. Hearst, and the cost of re-
counting such districts will be paid by the city.
This is simple Justice, as far as it goes, and IS
an admission of the force of Mayor McClellan's
argument against the original measure. Inc
new bill is not an amendment of a badly drawn
one, but an additional measure relating to the
same subject The two measures taken together
are an instance of sloppy legislation. The first
was drawn as if 10 one but Mr.. Hearst had any
interests in the contest worth safeguarding. 1t
was in the hands of both houses from the begin
ming Of the session and no one apparently thought
it worth while to amend the bill to cure It's oD-
vious defects. Upon receipt of the Governor
second message regarding the desiraDllty OF
recount the imperfect bill was rushed out or
committee and through the Legislature as badly
drawn as when it was introduced Now we
have an additional bill containing some AFTER
thoughts upon the same subject.
If the recount bills together would expedite
matters the public might be willing to overlook
their defects for the sake of making a quick
end of the agitation over the mayoralty election
but there are reasons to fear that they Will pro-
ducp ONLY the contrary result. The courts had
already ruled In favor of the Attorney Generals
proceedings to test Mr.. AIcClellans title TO
office and a recount under them probably would
not be long delayed. But the passage of re
count law will introduce new legal questions
which will have to be adjudicated before re
count can be had under it. The cOnStitutiOnaltty
of the proposed law will have to be thoroughly
tested Then too the fact that there will be
two recount laws upon the statute books Will af-
ford additional opportunities for legal disputes
ind info far will
arise regarding the meaning of the two laws
taken together such as would not have arisen
regarding single homogeneous statute If the
utmost is made of the possibilities for legal de-
lay which the recount bills provlde-and, doubt
less, it viii be, for neither side shows any desire
to reach the issue-the legislation will prove to
have started only long process of litigation.
Everybody should sympathize with the mo-
tives of those who support the measure from
praiscwOrthy desire of putting an end to the
Hearst martyrdom" But it probably will not
do that. Every new legal step in testing the
law VIII be "piling on the agony" Mr. Hearst
will now be in position to enjoy perfect
luxury of woe. He likes too much being the
victim of an unjust law to be easily dislodged
from that advantageous position. There has al
ways been in MI Hearst's legal proceedings TO
test the Mayors title an indication of a desire
to preserve the martyrs role. The Mayor In
his letter the other day called attention TO the
fact that there had heen a judicial recount of
several districts Immediately after the election,
but that although the Mayor did not oppose this
recount, Mr. Hearst abandoned It. The results
in the few districts examined were disappont-
ing 10 Mr.. Hearst ana went to show that he had
not been counted out. The application made
10 Attorney General Mayer for a writ Of quo
warranto did not make out prima facic case
for that writ. and there was general suspicion
that no effort had been made 10 present n prima
facie case. The refusal Of the writ was another
act Of "injuStce" and sustained the martyr
dom" If the proposed law shall prove uncon-
Stitutlonal it Will be, OF course, because it was
intended to be unconstitutional That result
would he another act in the 'martyrdom."