New-York tribune., 1907-06-05
MAYOR DODGES HEARING
MGOWIN'S G1VEL BUSY.
H-iId Ercitement Accom panies Dis
cussiOn OF Recount Bill.

closed the formal proceedings.
Mayor Mcclellan was absent. ana the hearing
started in somewhat tamely as q consequence
The dignfed old auditorium held as large a
crowd ever squeezed inside its doors-fiva or
six hundred persons-and two hundred perhaps
filed the corridors and filtered back to the lobby
OF the ground floor when they found they could
not get in.
William NJ. lvins, representing the committee
appointed by the Cooper Union meeting held
recently 10 advocate the passage of the bill
led the oratorical forces on that side while the
Rev. Dr.. Lyman Abbott ex-ControIler Grout
and District Attorney Jerome Edward NJ
Shepard and B. Aymar Sands were among those
who spoke sent letters in opposition to the
bill
Mayor Mcclellan. who until yesterday morning
had intended to exercise his function as Mayor
and preside at the hearing and pass on the bill
decided At the last minute that he had neither
the legal right power to do so In a letter
to President MCGOWAN Of the Board Of Alder
men asking him TO preside a. the hearing Mayor
Mcclellan inclosed opinion of Corporation
Counsel Ellison which he based his decision
That there should be no question as to the right
Of President MCGOWAN to perform the functions.
Of the Mayor in the case Mayor Mcclellan left
town before the hearing began
President MCGOWAN after the hearing said he
would confer with Corporation Counsel Ellison
and Assistant Corporation Counsel Hoyt to-day
regarding action on the bill Both men, he said
had given the subject much consideration but
he could not promise he would be able to return
the bill 10 Albany before the end of the week
There seems 10 be little doubt that he will veto
the bill.
In the front row reserved for the speakers
was Mr.. WINS. while buzzing around the room
he
pendence League Thousands of postal cards
had been sent out by the organization urging
the faithful" to attend the hearing and part
Of the audience looked like a reproduction Of
scene al the Gilsey House headquarters of the
league in the heat of the last campaign.
After the absence of Mayor Mcclellan had
been explained President MCGOWAN said that
each side should have one hour and that those
in opposition would be heard first. He evident
ly meant opposition the Mayor rather than
70 the bill. for he later had a dispute with Mr.
Ivins that point, and asked, as a special
favor. that the Rev. Dr. Abbott. editor of The
Outlook" who had another engagement, be al
lowed To speak first.
DR. ABBOTT OPPOSED.
After explaining that all his personal preju-
dlces would naturally have been IN favor of the
bin Or. Abbott declared that when in the course
=
for him 20 examine the measure he could come
10 no other conclusion than that it was false
IN principle dangerous precedent and
vicious in its details" He said it was wrong
70 pass q remedial law which should be retroac-
tive, and added in part:
Is fSlse in principle because i lays upon the
haps a rery great expense. He must either stand
@ one ~ see sil1 ali0" ms canvass 10 go on WllIont
resented by counsel. which would be perhaps quite
q The pubic treasury # that original canvass was
n d 9o the @ m i oug4t DO
by law that a man Of wealth may demand re
count i he is willing, to provide FOR the expense Of
provide for the expense Of H. IS undemocratic un-
republican and unjust II treats public Office not
as Pgog @ tEqsl @ 2t b, as persona a a o out
in good faith and for the bona hde purpose of put
ting an end 10 disquet and discontent can have no
ears with sn tncTease Of agitation. an Increase 6f
diEcontent and inflammation Of passion and predJu-
dice and working only injury
One or two persons started to applaud WHOM
DR.. Abbott sat down but the gavel Of President
MCGOWAN stopped their hands in midair lie
then called upon Mr. Wins. Declaring that The
election had been shamelessly conducted, Mr..
WINS went into the history Of Mr.. Hearst's fight
for a recount and the efforts Of Mavor McClel-
Ian to defeat il. He scathingly denounced the
Mayor for this, saying among other things:
II has not been question Of the adequacy of
eousness a. ne ne la1s II has not beeI oIestio5 Of
the ~ons,it,,tio,,ii+,, n he Law. II %ae beeT h
one question. namely. the determination to prevent
constitutional or unconstitutional for the purpose
of opening the boxes. II il had been that
fore ne Attorney General and secured bis refusal
II the Mayor has IA any u objections TO this bin it
cannot be on any alleged ground or unconsttution-
alIy or Of retroactivty or lack Of lucidlty but
ston whateTr and one sole ress@n for T ta G g6a
he help it. VIII not have the people know 10
= certainty precisely how the votes were cast. 1t
cloud the title rather than 10 have il found
he has title all
WINS QUESTIONS MAYORS POSITION.
The latter part of Mr.. Ivins's argumen, was
designed TO show that the Mayor had no right
10 act on the bill, saying:
reh eytn ~ n9re % important TO my mind than the settle
be Afforded bV pecsnv5s an sF rs ne ne aId which VIII
et n laws intelligenty and after the fact in
II ne boxes be opened for tho p1rrose of defer
INNING Bng ne ne eciency Of the law. well as for the
UIh.e that certainly is no local matter and Is no
matter 10 ae passed upon by the Mayor
President MCGOWAN quickly learned the tenn
lef oi the audience when he asked Mr. Wins:
supposing that the recount shows evidence to
csqualify both Mr. Mcclellan and MI Hearst
what position would it put you in?"
That could hardly happen" said Mr. 1,,,re
'Sut should ii be shown that both had com
;nltted fraud it would put me in the ,ositio,, :.
having been the only honest man In the raco - .
mere was frantic applause and laughter from,
a' side" III tie room. Give rs 4 reco;,rt,,
flouted several lusty citizens
Bang bang! went the gaveI of the p,cstd,ro
officer. who added the word of warning tba. 49,,
less mis- request that no demonstration he ,,,a4o
oy either side was carried out he would ask