New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-18
HEARST TO PAY SHARE
TRICK CAUGHT.
Ono Wa1ranto Proceedings Mast In
clude DisgruntIed Candidate.

| BY a unanimous decision of the Appellate Di-
| vision yesterday William Randolph Hearst no
longer will be able to evade his financial RESPONSE
bility in the quo warranto proceedings brought by
his man, Attorney General Jackson The Appellate
Division reversed the decision of the court rem
dered by Justice O'Gorman, sustaining the de-
murrer OF counsel for the Mayor against the in
terocutory judgment of the lower court.
The effect of the decision is to compel Attorney
General Jackson to make William K. Hearst
party defendant in the mayoralty contest and APP
parently to compel MIR. Hearst If the action is con-
tnued to give satisfactory security to indemnify
the people against the costs and expenses OF the
proceeding This decision, establishing new prece-
dert will have far reaching influence. Justice
Scott who wrote the opinion. in commenting on
this feature of the case. says:
We of course are bound TO assume that the At
torney General has not overlooked this PLAN Pre-.
vision of the statute, and has not conrnltted tne
pensivc litigation without indemnity against the
cost thereof II he could nave E9actG S Sq Haars has
laid complaint information before the AttoT-
ney General and makes no claim to the office which
the defendant now holds, for otherwise Mr. Hearst
would have been joined as relator. and would nave
been called upon to indemnify the state
Justice Scott begins by calling attention to the
fact that there is no reator the suit The action
is twofold he says; first to GUST Mayor McCiellah'
and second. to declare that Hearst was elected
After rehearing the history OF Hearsts ciaA"is
Justice Scott says;
First that there is defect of parties plaintlt
or defendant in that Hearst should have oeeh
made relator or party plaintiff or dctenaaH focs
snfticent to constitute a OF action. and
Third that tbe a Rfn IL baouh
formation of the Attorney Genera "oi up'" ''1
complaint OF q private person.
The Justice says the only ground which seems 70
call for consideration IS that which sets up sup
posed defect Of parties. lie says that the law now
is that the Attorney General may institute such an
action without waiting for formal complaint oy
any person. He continues:
The question as TO the necessity OF Joining Hearst
as a party is serious, and no direct preceaent
is 10 be found for the solution ihere htET -
have demurred for misjonder of parties seeking 70
eliminate from the action the persons ~o we have
been able find. wherein the demurrer mas Den IN
ferred to no case In which there was contest pc
tween two persons over the right 10 ne'q not oned
the claimant either as a reletor or "a deIenoAh'
After reference TO more or less analogous cases
Justice Scott says that Section 1855 ot the Wv"
Code provides that in action OF this kind. on
the relation or information of person having an
interest on the question the complaint must allese
and the title OF action show that the action Ia
brought upon the relation OF that person, who Is
moreover, required to give satisfactory security 70
indemnify the people against tho costs and ex-
penses thereof Continuing Justice Scott says:
We have therefore. tho unusual condition OF an
action by the people, upon the information OK the
cH sa @ pnt ,n his place anotheT who as
far as appears, makes no claim OF ute 10 tho
ONCE and has preferred no complaint that ne 10
unlawfuly kept out OF IT,
The opinion OF tho court Is thus summed up:
The Judgment appealed from must therefore be
reversed and the demurrer sustained upon the
ground that there is defect of parties defendant
with in this court and the court below, with
leave TO the plaintiff within twenty days and upon
the payment OF such costs 20 take appropriate ac-
ton 10 bring in said William r. Hearst as party
defendant the defendants time TO answer being
meanwhils extended until twenty days after said
Hearst shall have been made party defendant
and notice thereof shall have been given TO the
present defendant.