The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1907-01-11
HEARST ELECTED
Entitled to Office of Mayor oil
City of New York
CLAIM MADE BY STATE
General Brings Suit
to Gust Nj cCleIlan--L Latter Hes
itates to Submit Rights to Man
"COntemptuouS OF the Law"

New York, Jan. 8.-Attorney General
Jackson, in behalf of the people of the
state of New York, has entered suit
in the supreme court against q. b. Nc
Clellan, praying that the latter be
ousted from the office of mayor of the
city of New York on the ground that
he has usurped and unlawfuIly holds
such office, whereas William K. Hearst
is legally entitled to the same
A summons and copy of the com
plant in the action were served upon
Mcclellan at the city hall by Deputy
Attorney General De Ford. The COM
plant declares fatty that at 1.-The cleo
ton in November, 1905, Mr.. Hearst was
/ duly and legally elected mayor of the
city of New York" 1t is alleged that in
various ways the election laws were
violated.
1t is demanded that Judgment be
rendered upon the right of Hearst to
the office, and also upon the pretended
right of the defendant Mcclellan,
thereto, and that it be adjudged that
the defendant Mcclellan has no just
or legal right to hold said office, and
that he has had no such right since
the first of January, 1906; that the said
William Randolph Hearst was duly
elected to the office of mayor"
The complaint is signed by Attorney
General Jackson. One difference be-
tbiS Lo4
have preceded it is that it is brought
in the name of the people of the state
of New York, whereas the others have
been in the name of Hearst.
e. L. Richards, Jr., of McClellan's
counsel issued a statement which, he
said, outlined the mayors position re-
garding the Jackson suit. The state
ment declares that the mayor is justi-
tied in hesitating to submit his rights
to an attorney general 80 careless of
his dignity, so reckless of his conduct,
so contemptuous of the law" 1t also
scores Jackson for ''saddling upon the
state in his efforts to befriend Hearst
an expense of 100000, the estimated
cost of the quo warranto proceedings.
I'm the ordinary course of justice"
says the statement, at had been deter
mined that a suit against Mayor Nc
'Clellan to test the title of his office
ought not in reason and justice to be
brought This decision was arrived at
by the Republican attorney general, af-
ter most careful inquiry. He refused
to permit the mayor to be harrassed and
oppressed by a suit in which only fail
ure could be anticipated upon the part
of his office.
"The court has made an order and is
sued its writ of prohibition against the
attorney general, forbidding him to de-
termine the question involved, viz:
whether he has the power to reverse
his predecessor and bring the suit.
"The attorney general Immediately
thereafter determined that he did have
power, and has brought the suit. There
appears to have been no restraining
hand upon him. After the writ was
served he Immediately came to New
York and sought the counsel of Mr..
Hearst and of his attorneys. They ad-
vised a defiance of the courts writ.
The attorney general forsool the dig
nifty of his office and of his own au-
tonomy, violated his oath of office to
maintain the law, and inaugurated a
reign of riot"