Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-08
CUSTER SUIT AGAINST MAYOR
Attorney General starts Case to Test
McCleIlan's Right 20
ONCE.

NEW YORK.. Jan. 7.--Attorney General
jackson today entered suit in the United
States court against George b. Mcclellan,
praying that the latter be ousted from the
office Of mayor of the city OF New York on
the ground that he has usurped such office,
whereas William Randolph Hearst is legally
entitled to the same.
1t is stated that this new proceeding
has nothing to do with the quo warranto
action which last week was temporarily
| enjoined at the application OF Mayor Nc
Clellan.
A summons was served upon Mayor Nc
Clellan at the city hall. The complaint
states that in the election Of 1906 Mr.. Hearst
''was duly and legally elected mayor" II
alleges that ballots legally marked for
Hearst were counted for Mcclellan, and
that these 'miscounts" formed the basis OF
the returns OF the vote. II is claimed that
men not entitled to vote were allowed tc
vote for Mcclellan, and that in many other
ways the election laws were violated
Votes cast for Hearst, It declared were not
counted in a number OF districts.
| Notwithstanding the election of said
Hearst" the complaint concludes, George
! B. Mcclellan has usurped and intruded into
/ and now unlawfully usurps and holds" the
| office of Mayor
The complaint prays that 'NIr Mcclellan
be ousted and excluded from said ONCE and
that the plaintiff Cthe people) may recover
Of the defendant the costs and disburse-
ments of this action"
Mayor Mcclellan refused today to discus.
the case.
e. L. Richards, IT,, of Mayor McClellan's
counsel, issued a statement outlining tbs
mayors position regarding the Jackson
suit. The statement declares that the mayor
is justified in hesitating TO submit his rights
| TO an attorney general $50 careless of his
dignity, so reckless of his conduct, so con
temptuous Of the law The statement
says:
In the orderly course of justice It had
| been determined that suit against Mayor
Mcclellan to test the title to his offic'
brought This decision was arrived at by
the republican attorney general.
At the invitation of the succeeding attor
ney general Mr.. Hearst was asked to renew
] his application for an action, which he hai
done. Then Mayor Mcclellan asked tn,
court whether the new attorney general nae
power to reverse the decision of his prede
cessor on the same facts.
The court has made an order and ISSUED
its writ of prohibition against the attorney
general forbidding him to determine th'
question as to his right to reverse f.
| predecessors action. The attorney genera
! Immediately thereafter determined that h,
has the power and brought suit When th'
writ was served he Immediately came L
! New York and sought the counsel of Mr.
| Hearst and his attorneys. They advised
| the defiance of the courts great writ. Tht
attorney general forsook the dignity of hi
! Office and of his own autonomy, violated
! his. oath of office to maintain the law anC
in6ugurated a reign of riot"
Mayor Mcclellan Is certainly justified II
hesitating to submit any right OF his to
tribunal so reckless. outrageous and riotou
| as that of the present attorney general.
| With an incumbent - careless of his dig
nifty. so reckless of Ids conduct, so con
temptuous of the law, court only of i'm
peachment might adequately deal, and tn
sooner the better.
ALBANY. N. Y, Jan. Tin view OF tn
precedence given in the courts to action
begun by the attorney general, the suit o
custer against Mayor Mcclellan will com
to trial atSonce. Affmney. General Jackson
said this afternoon that this action woul'
take the place of that proposed on the rela
tion of Mr.. Hearst himself. further proceed
ings in which were enjoined Saturday b!
the supreme court