New-York tribune., 1907-06-08
VETOES BILL
STRIKES RECOUNT HARD.
Mayor Mcclellan Goes to Princeton
While Measure Is Hit.

Patrick F. MCGOWAN. Acting Mayor. yesterday
vetoed the recount bill and sent fl back 10 Al
bany. Mayor Mcclellan was out of town WHOM
the bill was acted on. He left the Citv Han M
80 o'clock. Members of William r Fearst.s
regal stan were on hand all day yesterday to
keep track Of the Mayors dongs A largo
automobile was kept ready for instant use The
watchers apparently We're under Instructions to
Keep the Mayor In sight Nlr Mcclellan heard
oi 1t and walked out of Tie basement OF tho
building and went to the Pennsylvania ferry.
When he arrived In Jersey City ne called lin Mr.
MCGOWAN and informed him that he uho NIayor,
was outside the state, and that he had two wit
nesses 10 prove it, Thercupon Mr. NcGowan
pecamo acting Mayor, and as such acted on tho
Dill. When the Mayor took the train for Prince
ton the alert young men from the Hearst rcscr-
walton were there to see that he was alive and
well.
Acting Mayor MCGOWAN calls the bill. as dit
Mayor Mcclellan unjust" 'uufalr" and saws.
1t is special legislation IN the interest Of AN In
dlvidual is retroactive and challenges the hon
ts'y Of about ten thousand citizens" meaning
canvassers. poll clerks and others
The Acting Mayor says also that the bill is nm
Just because it does not insist ON full recount
and It IS unfair to Mayor Mcclellan because tr
any other candidate should petition 20 open G,r
! hundred boxes. M Mcclellan vouId bn rs
! guiIed 10 petition To oucn the rest of the bov..
10 insure the recount Of all the ballots tIiar were
| counted officially Oh the evening If November
1903. and only in case of his being ,nse,f,5
the city.
The message Of the Acting Mayor is in par, .ss
follows:
ddae for the once Of Mayor at ,1o c{,tog aog f2n @
IN lhIS city on November T. 1875 ma, ra-frfo, 80
lTr of TtIs4F
pointed hy any Gdce Of the s5rr al--qns al-
tho election districts are -itI5tcI 'i.l "n"Tc
me board Of Elections shall take m. rse,,l, 10.
only more Of the 1913 ballot 'f2@ bo1cs th@t 9pe45
t w loIals thus gained TO the totals of Tho bove
2o}ys N9}yemhr 1915 ana if The new totaIs I'"I Ib, on
tban be e''ow oi greater plurality for the petitioner
NE petitioner shall be tho Mayor Of ~; li.' . III
suit Of the oficial count Of f'@4'4 i chang the
exnensa sssi I fnI daxpa5eTs of this city pay the ot
the ctg Sr rStqSe S to accent this bin on behalf OF
any of said c@pdfIp9cs 9gf hGc4use first think that
60 g,i IeCGuht should pay for the same dpt f t r
{ae TAXPAYERS to pay for two counts Of I b require
ion Of the AN SIPPortTd IN this view ny the onin
Stat" q NepIellais J Division in the PeopI" or tT
Wbere a A,,Gr@ [@~ York agt George B. McCIcrSs Se
ton in quo warramto agoe J@fAS@n 5rogght an ac-
out out having Mr. Hearst the suit to pag yn an with
second-That the bill is unjust baca,so f..
unfair toward Mr.. Mc5}craTph TphhirdaThat the bin Is
NIi,G NIcCIei1GG S]tou4 ] petition to 500 boxes 3f
tie rest Of the boxes to insure m" to open
me eme nalIots that were counted offcaIIv % vi lll
scthlhg OF November 1905: and ONLY In cae Oh Ihe
hens @ unseated would his expenses he pa6 OF % 4is
believe tbat ~ moreover, am advised aud
tbD ST.: taaI N tS bill violates the constii,ti, 10
t fTt 2iae OF New York in that drst II is snn s OF
# is repnacti 81 ye interest Of an individual: second
Of me go enactment to Of this BIN challenges tho honoet
OF ABOUT ten thousand citizens Of this on ~. 9llesty
the election specified. acted as car,a,.S'WIi 49, VINO ht
as watchers for the various pIiands who served
refuse to believe that these ten thouSSn5, ,'ti ti ,e
sworn 70 acI honestly and fairly in col,nt{,, 7,
9alIots cast at this election. committed ncrEu uo @
substantial objection TO this bin fs t,,o ,..-
prley OF passing special legislation I'm tbe f,,
protected under existing law o1' nights are fully
Mr McClean,s seat has his remedy in quo w l1I
begun In his interest by the Attorney C;eueT9i F fh
state his own motion. '-'' 'l I'll lie
90 If there is any basis for the claimants crv Of
, fraud @ there Is ample room 70 demonstrate it In
such proof The whoe theory Of @ tbe ne put 70
Mayor II this were true he should OF IHS he oGe nh,e Of
present sufficient evidence of that fraud on wbicb
every district where such evidence is to be had J."
cannot agree with the terms of this bin which
judge the Appellate Division | can undeTstSm3 9'
why certain litgants might want to keep away
from of last resort but why the I,egiss
lature. Of our state should attempt TO limit the
jurisdiction of the Court Of Appeals in a matter
Of such grave importance is beyond my compre-
This bill does not make It necessary to establish
that the ballots and the ballot boxes are in the
OF election canvassed the ballots ana closed the
boxes. No matter what proof any candidate might
have that the ballots have been tampered with II
IS useless to his cause. Amy light that the in
spectOrs OF election the watchers might be able
to cast upon the contents of any box is shut out
and every safeguard that has heretofore sur
rounded election contest in this state has been
cast 70 the winds. in order that one contestant
may have legislative act exactly he wishes it,
/, therefore, acting In pursuance OF the opinion
OF the Corporation Counsel given TO Mayor Nc
Clellan, that by reason OF his interest he should
not pass this bill, the order and directions
Of said Mayor Mcclellan issued to me in pursuance
of Section q of the charter. hereDy
bill. and return it not accepted by the city OF
New York.