Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-07
MCCLELLAN IS SUED
Hearst Wins a Point in the
MayoraIty Contest. r.
STATE BRINGS THE SUIT
Attorney General jackson Will Try
Case Of the People.
TRIAL AT AN EARLY DAY
Alleged That the Mayor Has No Legal
Right to Hold
Office.
TRIAL AT AN EARLY DAY

NEW YORK. January 7.-Attorney Gem
eral Jackson, on behalf of the people OF
the state of New York. today entered
suit 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 to the same.
1t is stated that this new proceeding
has nothing to do with the quo warranto
action which last week was temporarily
enjoined at the application of Mayor Nc
Clellan.
The Mayor Served.
A summons and a copy of the complaint
in the action were served upon Mayor Nc
Clellan at the city hall this morning by
Deputy Attorney General Deford. Mr..
Jackson is In Albany. and 1t was said that
any statement with reference to the suit
would have TO come from him.
The complaint declares fatty that at the
election in 1905 Mr.. Hearst was duly and
legally elected mayor"
One difference between this new action
and those that have preceded II Is that u
is brought in the name of the people or
the state of New York. whereas the others
have been In the name OF MI Hearst.
IN Early Trial.
ALBANY. N Y, January I'm view OF
the precedence given in the courts TO ac-
tons begun by the attorney general. the
suit of custer against Mayor Mcclellan
brought by Attorney General Jackson In
the supreme court in New York county
will come to trial at once. and Will be
arlI
Donnelly, with Clarence Shearn, William
Randolph Hearsts personal attorney, as
special counsel. Attorney General jack
son said this afternoon that this acton
would take the place of that proposed on
the relation of Mr.. Hearst, further pro-
ceedings in which were enjoined Saturday
by Supreme Court Justice Fits
1t is alleged that ballots legally marked
for Hearst were counted for Mcclellan by
the inspectors of election, and that these
'miscounts'' formed the basis OF the re-
turns of the vote. 1t Is claimed that men
not entitled to vote were allowed to vote
for Mcclellan, and that in many other
ways the election laws were violated at the
1903 election. Votes cast for Hearst, II Is
declared. were not counted In NUMBER OF
districts
Allege No Legal Right.
The alleged Illegal votes counted for Nc
Clellan and the legal votes which, it is as
serted, were not counted for Hearst great
~ exceeded, DOt Dy precisely HOW tho
plaintiff is unable to state. the difference
between the votes for the defendant Nc
Clellan and the said Hearst"
Notwithstanding the election OF SAID
Hearst" the complaint concludes. George
b. Mcclellan has usurped and intruded
into and now unlawfully usurps and holds,
the office of mayor.
1t is demanded that judgment be rem
dered upon the right of Hearst to the office
and also upon the pretended right or the
defendant Mcclellan, thereto, and that II Is
adjudsed that the defendant Mcclellan has
no Just or legal right to hold said Office,
and that he has had no such right since the
first 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 ri--lt to hold the o--.ce
for the term OF four years from that date.
The final prayer is that George b. NC
Clellan be ousted and excluded from SAID
Office
Counsel for Mr.. Hearst VIII appear next
Saturday before Justice Fits out OF deIef-
ence to the court, but the proceeding by MI.
Hearst before the attorney general propaoiy
will be abandoned in favor of this direct at
tack upon the validity of Mayor McClenans
title brought by the attorney general him.
self upon his own initiative.
Mayor Will Not Talk.
NEW YORK, January beyond admits
ting that copy of the papers in the custer
al hy General jack