Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-12
WAR OF THE BALLOTS
No Truce in Strife Between Nc
CIeIIan and Hearst.
FIGHT FOR EVERY POINT
Ellison Will Insist on Vacating
Hendrick Order.
RULING IS A GREAT SURPRISE
Ellison Declares That It Amounts to
Putting Defendants Evidence in
Opponents Hands.
RULING IS A GREAT SURPRISE

NEW YORK, JanGa~y l2-1ne eHoTt VI
Supreme Court Justice Hendrick to secure
harmony between counsel in the dispute as
to the custody of the ballot boxes of the
city election of 1905 received a jolt yester-
day when Corporation Counsel Ellison de-
clared that the only kind of harmony TO
which he would consent would be the Vaca-
ton of Justice Hendricks after dinner or
der" as Mr.. Ellison called it, leaving the
board of elections in absolute control OF the
boxes.
The stays of Justice Hendricks order by
Justices Gaynor and Amend came up before
Justice Leventritt yesterday morning ana
argument went over until Monday morn
ing. despite the protest Of Corporation
Counsel Ellison. Deputy Attorney General
James A. Donnelly of the New York office
and Deputy Attorney General Charles Dol
son of the Albany office appeared in court
and said that Assistant Corporation Counsel
Butts and Attorney General Jackson had
agreed in Albany on Thursday afternoon to
have the case go over.
Mr. Ellison who was present on behalf
of the board of elections, was dumfounded.
He had come to court prepared to argue
that Justice Hendrick had no right what
ever to order that the ballot boxes be
turned over to the attorney general, on the
ground that the attorney general had prac-
by his prediction speeches and by his attl-
tude in asking Hearst to apply for quo war
ranto proceedings before the attorney gen.
eral was sworn into office.
Dolson Wanted to Argue.
Mr. Ellison declared that he had been
in consultation with Mr.. Butts over the
telephone on Thursday night and Mr.. Butts
said nothing to him about the matter The
deputy attorneys general said that Mr..
Butts had called on Mr.. Jackson on Thurs
day and had said that he would be kept in
Albany on an appeal case over yesterday
and that nasmuch as he had charge OF the
ballot boxes case he would like an adjourn
ment. Mr.. Dolson said that Mr.. jackson
wanted to argue the case himself and be-
cause of the agreement in Albany had not
come down. 1t was therefore not far TO go
on with the case in Mr.. Jacksons absence.
Justice Leventritt agreed with TINS, but
Mr. Ellison made an emphatic protest and
told what he thought of Justice Hendricks
latter dinner order" He declared that the
ballots We're actually in the custody of the
board of elections and should remain there.
He said that both the corporation counsel
and Mr. Hearst's counsel had agreed last
spring to this course. He denounced the
effort of the attorney general to secure pos
session of the boxes by a midnight order
issued under the genial influences of din
ner to a newly elected justice. in view of
the fact that by prediction speeches the
attorney general was acting as a party to
the litigation now being carried on
Expressed Surprise.
After the adjournment Mr.. Ellison said
that Justice Hendricks order simply
amounted to putting the defendants evil
dence and his witnesses absolutely within
the power of the plaintiff" He expressed
his surprise at Justice Hendricks act. He
said he had been a strong personal friend
- fxr fhav, tvr,a,
years-an intimacy so strong that Mr.. Eli
son said he had even slept with the Judge
and he declared that he was simply as
founded that such an order had been is
sued without notice to the other side.
Mr.. Ellison pointed out that Justice
Amend was sitting in part II of the su-
preme court for no other purpose than to
issue ex parte orders: If it was necessary
to have the order signed at night Attor-
ney General Jackson should have hunted
up Justice Amend.
Mr. Ellison is all the more stirred up
because among the papers presented to
Justice Hendrick was a written consent of
Mr. Hearst that the custody Of the ballots
should be given to the attorney general
No notice whatever Of the proposed action
was given to the corporation counsel, and.
of course there was no written consent
Mr.. Ellison also said that in his opinion
never before in the Jurisprudence of the
state had one Judge in effect vacated the
order of another without giving notice to
the parties in litigation, even though he
acted on the consent of one of them"
In answer TO question as to whether he
would agree to some amicable adjustment
of the dispute, such as Justice Hendrick
had proposed, Mr.. Ellison said:
Some Additional Details.
1.-THE only amicable adjustment to which
will agree is the vacation of that order,
which never ought to have been made.
All that we desire, in addition to the
vacation Of the order is that the ballots
shall be preserved in safety in the hands
of the properly constituted authorities and
not in the custody Of the attorney general.
who has already given utterance to his
convictions In regard to the issues that are
to be tried in his campaign speeches"
Additional details came to light yester-
day of the experiences Of the party that
went to Staten Island to seize the boxes
there. Thomas Mcknight, the Waterman
in the Staten Island Savings Bank. where
the Richmond ballots were stored, told the
party that 1t would be impossible for any
of them to get access to the vault because
the cashier was the only man who could
open the lock.
Call up the cashier" ordered the leader
of the party.
Il will not" said Mcknight "Tn call
up the police"
The appellate division yesterday affirmed
the order of Justice Mclean of last sum-
mer forbidding the destruction of the bal
lots for the disputed mayoralty election.
Justice Newburger issued the original or
der directing that the ballots be kept in
violate. Assistant Corporation Counsel
Butts asked Justice Mclean 10 vacate
this order, and 1t was an appeal from the
refusal of Justice Mclean that went to
the appellate division.
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