Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-19
HUGHES SIGNS
RECOUNT BILL
Failure to Test Canvass a Public Scan
dial Declares the Governor.

appropriate legislation Tor the ascertain
ment of the fact whether the votes had
been lawfully counted as cast has brought
our law into contempt and created a griev-
ance shared by many thousands of our fell
low-citizens who believe that a great wrong
has been committed which it is the duty
of those charged with the enactment of
laws to repair.
The Public Interest.
I'VE need not concern ourselves with the
origin Of this belief or the causes of its
prevalence. 1t is enough that 1t exists. In
the public interest and for the sake of the
credit of our institutions this matter must
be settled.
THE present attorney general has brought
an action in the nature Of quo warranto to
try the title to the office. But that litigation
must necessarily be protracted: and unless
all parties should agree to facilitate its con-
clusion it is susceptible of delays making
it well-nigh interminable. The public has
no interest in awaiting a long-dra wn-out
contest, with cumbrous procedure and under
form OF action ill suited to a controversy
of this magnitude What is needed is a
disposition of this matter in as summary a
manner can be devised.
This bill does not alter a vote or change
any rule of law relating to the validity of
a
vass of the votes validity cast in accordance
with the law existing at the time of the
election. If the result of this recanvass is
to establish the election Of Mayor Mcclellan
it will largely re-estabish confidence in our
election methods and make the more unlike
ly the recurrence of a similar situation. If,
on the other hand, the recanvass should
show that Mr.. Hearst was elected every
fair-minded citizen whatever his political
convictions, would rejoice that the fear of
n nrpce1pnf he
rightng of wrong and the giving of the
office to the man who was entitled to 1t.
Recanvass Of Districts.
1.-THE bill provides only for a recanvass of
such districts as are specified in the petit
ton. The demand for right to recanvass
other districts must rest upon the ground
that If the ballot boxes Of the other dis
tricts were opened inaccuracies in the
count would be found. Then, opposing, in
May, 1906 the application to the attorney
general for the bringing of an action Of
quo warranto, the mayor ayerred that, ac-
cording to his information and belief, all
the votes cast for the office of mayor had
been truly counted as cast, and he denied
that they had been illegally canvassed.
THE theory of this bill was that the con-
testant should define the grievance, point
out the districts where 1t was claimed the
canvass was inaccurate, and that the votes
in those districts should be promptly re-
canvassed and all questions should be sum-
marily determined by the court. This, of
course, would absolutely settle the matter
so far as the contestant was concerned, and
if the opening of the boxes did not bear
out his allegations the controversy would
be ended.
Fairness Of Result
But the mayor, who has received the GER
tificate of election, should not be put to dis
advantage. 1t has been suggested that in
accura cies in the official canvass might be
found in districts not specified by the con-
testant, which might offset or nullify any
favorable results gained by the contestant
in opening the boxes specified by him. 1t
is desirable that question should be
left as to the fairness of the result. Should
the contestant in his petition fail to specify
all the districts the right should be given