New-York tribune., 1907-01-09
BALLOT BOXES SEIZED.
J4CKSON'S DRASTIC ACT.
Blocked an Manhatta7-State Must
Pau Shearn's Fee.


Attorney General Jackson empowered by the
order which Justice Hendrick OF the Supreme
Court. issued late Monday night, took positive
steps yesterday to seat Mr. Hearst Mayor
and oust My. Mcclellan. He or his deputies
went to nearly all the storage places in the five
boroughs where the boxes containing the ballots
cast at the last election for Mayor were held.
technically seized them and placed seals
on them. Guards stationed at each place.
Some boxes in Manhattan could not be found
This anticipated the possible withdrawal of the
order preventing the destruction Of the ballots
This procedure was taken by advice of Clar-
ence J. Shearn who has been retained as coun-
sci to the Attorney General in the present ac-
tion. and appointed a Deputy Attorney Cen
eral. Mr.. Shearn. out and out Hearstite.
will be paid for his services not by Mr.. Hearst,
but by the State of New York. 1t is possible
to do this the Attorney General from time
to time has need OF special counsel. He Sc
cures an appropriation for these counsel. gen
orally payments for several at time and Mr..
Shearn will eventually receive official check.
signed by the Controller. for his services.
What the amount will be is not known.
and probably will be for time to
come. Mr. Shearn was anxious to explain that
he had agreed on amount with the Attorney
General, which necessarily would be exceed
ingly reasonable. It would be unjust TO charge
the state exorbitant sum"
The work yesterday was done quietly and AT
unusual hour In early as
O'Clock yesterday morning chosen for the
time to act. In Manhattan Deputy Attorney
General w. A. De Ford Hearst follower led
, the forces. He went 10 the Manhattan Storage
Warehouse. at Seventh and 52d street.
Service made the propretors. and they
had nothing to do but allow the boxes 10 be
seized. In the afternoon Mr.. De Ford returned
and superintended the placing OF new seals
At Staten Island the boxes for the Borough
OF Richmond stored at the Staten Island
Savings Bank, at Stapleton. These boxes
also seized. but only after tO-do that awak-
ened half the village and caused early morning
rising for many. In The Bronx the boxes are
at the North Side Storage Warehouse. at Ber-
gen avenue and 14Sth street. In Brooklyn all
the boxes for Kings County seized at the
Eagle Storage Warehouse. and similar action
taken in Queens.
Legal TANGLE THREATENED.
1t was known that some of the Manhattan
boxes stored In apartments rented by the
Board of Elections. but where could not be
| learned by the state officials. Commissioners
Dooling, when formally served late yesterday af-
| ternoon with copy Of the court order by Attor-
ney General Jackson in Corporation Counsel FL
| lsOns Office. refused TO surrender the hidden
! boxes.
Attorney General Jackson held "A conference
| last evening at the William street office with
Mr. Shearn and First Deputy Attorney General
! James A. Donnelly concerning the next move to
be made the result of this refusal 10 surrender
! the boxes. After the conference the Attorney
General said Il had intended to return TO AL
! bany to- night. but my departure has been de-
Iayed by the refusal Of Commissioned Doong. of
! the Board of Elections. to surrender to me the
ballot boxes stored in apartments rented by the
Board of Elections. and of the location OF which
| am still ignorant"
The selling of the boxes has raised point
| which may result in a legal tangle between the
| Attorney General and the Board of Elections
! John r. Dooling. the president of the board, is
a Mcclellan appontee. and naturally would not
| favor any move on the part Of the Attorney
| General He was therefore not informed in
any way Mr.. Dooling expressed chagrin when
told about it,
| I'VE were not asked for access to the ballot
boxes by the Attorney General" he said. They
are in the custody of this board by court order
| and it will remain 10 be seen whether the At
torney General has taken action against the
! courts We have right to give them up, but,
of course. If any has forcibly gained access
to them this board no longer be held re-
| sponsble for them"
Clarence j. Shcarn. .the special counsel,
| plained The actioh by saying Attorney Ien-
eraI jackson. having begun an action against
| Mr. Mcclellan in the name OF the people Of the
| State Of New York considered it advisable to
take into his custody all the ballot boxes, and
has done
MIR. SiEARN'S EXPLANATION.
| '"This action in no way conflicts with the orig
| inal order obtained in Mr.. Hearsts behalf The
! sealing of the ballot boxes is simply addi-
tional safeguard to protect the evidence In the
new custer suit begun by the Attorney Gen
eral."
| Mr. Jackson refused To reply to the statement
| of the Mayors counsel. in which the formers
act was bitterly attacked. Asked if he would
| move the ballot boxes. he said:
| II am going TO make investigation of these
| companies, and if / to the conclusion that
| they are not safe repositories for the ballot
| Continued third page.