The free lance. (Fredericksburg, Va.) 1885-1926, 1907-01-10
WOULD GUST MCLELLAN
Suit Entered to Give Office of Mayor
of New York to w. r. Hearst.
GROSS FRAUD IS ALLEGED

ohOOO INV ~ Ff&G -
Attorney General Of State Of New York
Begins Action In Name Of the Peo-
pie to Unseat Mcclellan. and Calls
Him Usurper.
New York. Jan. S.-Attorney Cen
eral Jackson, on behalf Of the people
of the state of New York, entered snit
in the supreme 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 and unlawfully
holds such office. whereas William
Randolph Hearst is legally entitled 70
the same.
A summons and copy Of the COM
plant in the action were served upon
Mayor Mcclellan at the city hall. The
complaint declares flatly that at the
election in November, 1905, Mr.. Hearst
was duly and legally elected mayor
of the city of New York" II is fur
ther alleged that ballots legally mark
ed for Hearst were counted for Nc
Clellan by the inspectors of election,
and that these "miscounts' formed the
basis OF the returns OF the cote. 1t Is
alleged that men not entitled to vote
were permitted to vote for McClelland,
and that in many other ways the cleo
ton laws were violated. Votes cast
for Hearst. il is declared, were not
counted in a number of districts.
The alleged illegal votes for McClel-
Ian and the votes not counted for
Hearst greatly exceeded. but precise
ly how much the plaintiff Is unable TO
state. the difference between the votes
for the defendant Mcclellan and the
said Hearst"
Notwithstanding the election OF
said Hearst" the complaint says,
George B. Mcclellan has usurped and
intruded into and now unlawfully
usurps and holds" the Office Of mayor.
II is demanded that judgment be
rendered upon the right of Hearst TO
the Office. and also upon the pretend
ed right Of Mcclellan thereto, and that
it be adjudged that Mcclellan has no
Just or legal right to hold said office,
and that he has had no such right
since the 1st of January. 1906; that the
said William Randolph Hearst was
duly elected to the Office of mayor" ="
and has had since January l, 1906, the
legal right to hold the Office for the
term OF four years from that date.
The final prayer is that George B.
Mcclellan be ousted and excluded from
said Office, and that the plaintiff (the
people of the state Of New York; may
recover of the defendant the costs and
disbursements of this action"
One difference between this new ac-
ton and those that have preceded it
Is that il is brought in the name of the
people Of the state of New York,
whereas the others have been in the
name Of Mr. Hearst.
f. L. Richards, Jr, of Mayor Nc
Clellan's counsel. issued a statement
outlining the mayors position regard
ing the Jackson suit The statement
declares that the mayor Is justified in
hesitating to submit his rights to an
attorney general, 80 careless OF his
dignity, so reckless of his conduct, so
contemptuous of the law" 1t also
scores Mr. Jackson for "saddling upon
the state in, his efforts to befriend Mr..
Hearst" an expense Of 100000. which
It is estimated the cost OF quo war
ranto proceedings would be.
"In the orderly course of justice"
says the statement, lit had been deter
mined that a suit against Mayor Nc
Clellan to test the title to his Office
ought not in reason and justice to be
brought. This decision was arrived az
by the Republican general, after a
most careful inquiry.
Mr.. Hearst was asked to renew his
application to have an action brought,
which he has done Then Mayor Nc
Clellan asked the court whether the
new attorney general has the power to
reverse the decision of his predecessor
on the same facts. THE court has
made an order and issued its writ OF
prohibition against the attorney gen.
eral forbidding him to determine the
question involved, viz: Whether he
has the power to reverse his predeces-
sor and bring the suit.
"What hope Of justice does there re-
main to any ltigant, let alone the
mayor of our city, when the chief law
officer of the state, in his first import
ant act, overrides the authority OF the
courts?
Mayor Mcclellan is certainly justi-
fed in hesitating to submit any right
OF his to a tribunal so reckless, outra-
geous and riotous as that OF the pres