New-York tribune., 1907-01-13
JACKSON CASE ARGUED.
DECISION IS RESERVED.
Hasbrouck Charges Contempt of
Court and Suggests Jail.
rBy Telegraph to The rr.bun..I

IEy Telegraph to The Tr!bunel
Albany Jan. 1.-THE argument for a perna-
ment writ OF prohibition restraining Attorney
General Jackson from instituting quo warranto
proceedings against Mayor Mcclellan was heard
before Justice Fits. IN the Supreme Court this
morning Ex-Justice Hasbrouck counsel for
Mayor Mcclellan charged the Attorney General
with being In contempt OF the court by bringing
a second proceeding I'm his own name to
force recount when the writ of nrobIhi
ton issued by Justice Fits had checked tho
hrst action He contended that Mr.. Jackson
had entirely misunderstood the law and had 6a
fed the court by his actions and his nuhlisbsd
statements BY doing this he said the Attornev
"eneraI was In contempt of the court and he
shou4o De mace TO purge himself OF contemnt bv
Withdrawing his second proceeding or shor,a
ne reruse 20 do this. be Imprisoned untt1 ba dt5
Inc Attorney General. whose argument was
to secure the vacatIns OF the writ NJ ,rI,.,a.-
heid that the court had no Jurisdiction. He con-
tehueu that the action OF ex-Attorney C,ensr.1
ndyer had no legal Specification and couIa g.,
no sense be held as binding on his successor
he requested Justice Fits To vacate the yyrit
VI P'oHIoluoh. although this was merely a mat
'e4 VI ioFin' ne declared. as the Attorney Cen
eral had begun proceedings In his own name
Ii justice Fits decides TO make the writ of nro-
iioiton permanent. then Attorney General Jack
sun VIII De In contempt of the court will have
10 withdraw his second action against AIavo-
Mcclellan and will be completely ba1ked in
MS EFFORTS to obtain recount of the ballots and
William r Hearst will have to reIv On tho -
lsiatures passing recount bill for relief ShouId
Justice Fits vacate the writ of prohibition then
the Attorney General will be at liberty 70 pro
ceed with the action brought in his own name
Mayor Mcclellan was represented by Eugene
Lamb Richards, jr, and ex-Justice Hasbrouc.
Deputy Attorney General Charles A. Folsom ar
gued for the Attorney General with Mr.. Jack
sons advice and suggestion. Mr.. Folsom read
the return to the writ. In which Mr.. Jackson de-
MED that he was other than impartial or
had shown bias against George B. Mcclellan
1t denied that any court or tribunal had the
right to determine whether not the Attorney
General could bring quo warranto proceeding
to try the title to office. 1t expressly denied
that the action of Mr. Mayer made a reversal of
such action impossible by his successor.
Mr. Richards then took up the argument. and
Immediately sprang the point that the defence
emphasized throughout the hearing. He asked
to be allowed to make affidavit that he was
in the office of Mayor Mcclellan on January. :
when the latter was served with a second action
by deputy OF the Attorney General This. he
said. was violation Of alternative writ and placed
the Attorney General in contempt of court After
a brisk argument between the attorneys Mr. Fol-
som admitted that the statement was correct and
that an affidavit to attest 1t was unnecessary. Mr.
Richards continued his argument citing cases
from records IN support of his allegations. He
insisted that tho court stenographer take state
ment from Mr. Folsom admitting the beginning |
of the action in Mr.. Jackson's name against |
Mayor Mcclellan. saying that he desired this for
the record Continuing he said. with whitening |
sarcasm: Attorney General Jackson says that |
his sending to tho Mayor the notice OF the insti- |
tuition Of quo warranto proceedings against him |
a courtesy on his part, as he had said on |
another occasion, mere dinner Invitation. How |
absurd There Is not a case on record to sup |
taken by Hearst when Mr.. Mayer Attorney |
General nothing further was heard until the |
present Attorney General looms up the hori-
Zon. On December 30 two days before he took |
office, In his haste to help his friend Hearst In |
his haste to reverse Mayors decision. he wrote |
to Hearst offering to begin quo warranto pro- |
ceedings. L will give you, hearing he said |
In his great haste to serve his master Hearst ,
ask your honor TO uphold the Interpretation of |
Governor Hughes, 10 uphold your power q !
superior judicial tribunal to the Attorney Cen
eral and make the writ permanent"
Mr.. Folsom again emphasized the argument |
that the court had no jurisdiction, and laughed |
at the idea of the quotation from the Governors |
message being relevant to the legal phase of the |
case. "It may be interesting" he said. "but |
certainly cannot be relevant"
Mr.. Richards then made affidavit that he had |
seen Mayor Mcclellan served with notice OF a |
second action by an emssary of the Attorney |
General. You mean Mr.. Mcclellan" inter- |
rupted Mr.. Folsom Mr. Jackson smiled broadly |
at this. which brought a quick retort from Mr. |
Continued second page.
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