New-York tribune., 1907-01-03
RECOUNT DOES NOT SUIT.
What Hearst Wants Is Court Case
to Pr0Ue "MntWdom. -

The recommendation by Governor Hughes of
recount of the ballots cast for Mayor in 1903,
when Mayor Mcclellan won by narrow margin,
is a distinct disappointment to the Hearst men.
The Hearst men want long drawn out quo war
ranto proceeding, not a recount. 1t was declared
yesterday. In a recount of the ballots, as sug-
gested by the Governor, the inspectors of cleo
ton and poll clerks will be directed to assemble
and recount the ballots, going through with the
work as If it were Election Day The task will
be completed in a few days, and the result will
be known a once.
1t is not thought that that is what Mr.. Hearst
wants What Mr.. Hearst wants is a chance to
bring a proceeding before a judge and jury.
Such proceeding might be brought before JUS
tice John Ford or Samuel Seabury. both of whom
were put the Tammany judiciary ticket last
fall the suggestion Of Mr. Hearst.
The move for quo warranto proceeding was
not made until Mr.. Hearst probably learned from
Albany on Sunday last that Governor Hughes
would recommend recount Attorney General
Jackson conferred with Mr.. Hearst at his house
on Sunday afternoon. and on Sunday night Mr..
Jackson made public his letter to Mr. Hearst,
saying that he could have quo warranto pro-
ceeding if he wanted it.
The application made by Mr. Hearst to At
toTney General Jackson Is predicated alleged
intimidation and fraud Counsel for Mr.. Hearst
prepared to go into court with affidavits chars
ing gross intimidation and fraud on the part of
Tammany election officials. \ proceeding of thus
nature before a judge and jury would be pro-
longed indefinitely, and through il all it would
he possible for Mr.. Hearst to be pictured as a
martyr-a man fouIly wronged by the present in
cumbent of the Mayors chair.
On the face of the returns Mayor Mcclellan
by about BOO votes II a recount taken
under the provisions OF a bill such as is IA
vored by Governor Hughes should prove be-
yOnd a shadow Of Il doubt that the count on
election night, 1909 was approximately cor
rect. there would be chance for any one
to pose as a martyr The martyrdom show
would be over as soon as il was begun.
IT, on the other hand. the proposed recount
shows that Mr.. Hearst cheated out Of Il
victory, the proof might convict Murphy ana
Sullivan henChmen of feloncs. and the SullI-
vans and Mr.. Murphy are allies of Mr.. Hearst
at the present time If there should be close
and bitter fight over void and defective ballots
or over the making out of the returns as de-
Clared on election night. the Murphy and Suli-
van henchmen, despite the fact that Murphy
and his friends now bitter against MCClel-
Ian would be compelled. In order To stay out of
jail, To do some tall swearing" and Mayor Nc
Clellan probably would be the direct beneficiary
Of their efforts. whether he approved of it or
not
Mayor Mcclellan said yesterday that he had
received official notice from the Attorney Cen
eraI Of the application OF Mr. Hearst for leave
To renew the application for permission to bring
quo warranto proceedings to test his claim and
title to the Office Of Mayor.
Il Will be represented at the hearing Mon
day next by Eugene Lamb Richards said the
Mayor.
AS the proceeding brought by Mr.. Hearst Is
this time directed against Mayor Mcclellan per
sonally the Mayor will have to defend himself
If he were a private Individual In the court
proceedings brought by Mr. Hearst In the win
ter Of 1909 the Corporation Counsels office de-
Tended the Mayor, and the law firm of Parker,
Sheehan & Hatch also appeared for him. The
Mayor would not comment on the recommenda-
tion by Governor Hughes for a recount of the
mayoralty vote The Mayor had a long talk
yesterday with Corporation Counsel Ellison.
When Clarence J. Shearn counsel for Mr..
Hearst, seen last night he said:
Even If there should a recount Of the
ballots. as suggested by Governor Hughes. the
quo Warranto proceedings would go on. What
we chiefly desire is a speedy determination OF
the question at issue. If a recount shows the
election Of Mr. Hearst expect II VIII.
then the quo warrantO proceedings could be
drODped"