Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-17
new york RECOUNT BILL
RAINES THINKS MCCLELLAN
MUST ACT ON IT IF PASSED,
Believes Measure VIII Become Law,
Senate Committee Votes to Re-
port It Favorably.

ALBANY. N. Y. May 17.-Mayor George
b. Mcclellan may be put in a most embar-
RAISING and rather delicate position by the
state legislature. He may be called upon
10 say whether or not the bill designed to
provide for a recount OF the vote cast at
the last New York city mayoralty election
Is to become a lew. Senator John Raines
believes that the Prentice bill is a city bill
ana should be sent to the mayor for his ap-
proval. This had never before dawned on
any one. but Senator Raines says the con-
stitution Of the state supports his conten-
ton.
He says that he does not understand why
the trainers of the bill did not make It an
amendment to the election law Instead
they drew their bill SO as to provide for the
recount of the votes cast at the last cleo
tons held in cities of the first class pro-
viding that within twenty days after the
act takes erec. a petition is made for such
recount. As there IL no dispute as to the
validity of the title of Mayor Adam of Buff
faio to his office the bill affects New York
city only.
Must Go to Mcclellan.
Senator Raines asserts that the constItu-
ton positively provides that bills affecting
cities shall be sent to the mayors, and al
though the language of the bill shows that
1t is intended for New York city only. Mayor
Adam and Mayor Mcclellan will have to act
upon 1t. 1t Is pointed out that all rapid
transit law amendments are sent to the
mayor of New York city, although they are
drawn to affect cities Of the first class hay
Ing certain population.
the recount bill was drawn by Judge
Cohen and William H. Twins and was de-
signed especially to cover the last New
tor Raines announced during the first days
OF the session that he was drawing a re-
count bill, as well as bill that would REM
edy the defects In the election law pointed
out by the court of appeals, but to date
that bill has not made its appearance
Yesterday the senate judiciary committee
voted to favorably report the recount bill,
but when 1t adjourned the bill had not been
reported. Senator Grady was to blame for
this, however. He was anxious to reach
the order Of motions and resolutions, so
that when the bill was reported he could
make motion to pass the bill out of its
vance bills to the third reading that were
reported by the different committees he
objected. consequently Senator Davis. the
chairman of the committee, had his clerk
bustly engaged In fixing up reports until
after adjournment.
No Doubt Bill Will Pass.
Whether or not the fact that Senator
Grady was going to make such q motion
when the bill was reported had any effect
upon members absenting themselves from
the chamber is being speculated upon. But
when the senate adjourned there weren't
dozen senators In their seats. Senator
Grady gave notice that he would make his
motion Monday night, and this is to act as
a notice that all members were to be In
their seats.
While Senator Raines says that there 10
no doubt that the bill will pass eventually.
he doesn't see how the Senate can reach
the order of motions and resolutions Mon
day night and II that order OF business II
not reached the motion cannot be made.
Today the bill will be referred to the COM
mittee of the whole OF the senate ana II Is
doubtful when II will be reached on gen
eraI orders, and II the policy Is not to get
TO motions and resolutions before Thursday
something may happen to change sentiment
about the bill.