The Montgomery advertiser., 1907-01-08
TO GUST MCCLELLAN
SUIT IS SERVED ON MAYOR or NEW
 YORK.
Action Filed by Attorney General fs ts Come to Trial at Once--
 Hearst Back
 Of N.

, Albany, N. r.. Jan. T.--In view of the precedence given in the courts 70 actions begun by the attorney general the suit of custer against Mayor Me- Clellan, brought by Attorney General Jackson in the Supreme Court in New York county. will come to trial at once and will be prosecuted by Dep uty Attorney General Donnelly with Clarence Shearn. William Randolph Hearst's personal attorney as special counsel.
 Attorney General Jackson said to- place of that proposed on the relation of Mir. Hearst. further proceedings in which were enjoAed Saturday by Su- preme Court Justice Fitts
 The attorney general and MT. Hearsts counsel will appear next Saturday before Justice Fitts out of deference to the court. but the pro- ceeding by MT. Hearst before the .ttorney general probably will be abandoned in favor of this direct at- tack on the validity of Mayor McClel- lan's title. brought by the attorney general himself on his own initiative. summons and Q copy of the com 2 ! Mayor Mcclellan at the City Hall to- day by Deputy Attorney General De Forr.
 Mr. Jackson is in Albany. and it was said that any statement with reference | to the suit would have to ceme from him.
 The complaint declares natly that at the election in November, 1905, Mir. Hearst was duly and legally elected Mayor of the city of New York. It Is | further alleged that ballots legally | marked for Hearst were counted for Mcclellan by the inspectors of election that these "miscounts" formed The | basis of the returns of the vote. It is claimed that men not entitled to vote were allowed O vote for Mcclellan, and that in many other ways the election laws were violated at the 1905 election. Votes cast for Hearst, it Is declared. were not counted in number of dis tricts.
 The alleged illegal votes county for Mcclellan, and the illegal votes. 1t Is asserted. were not counted for Hearst l greatly exceeded. but by precisely how much, the plaintiff is unable to state, and the difference between the votes for Defendant Mcclellan and the said Hearst"
 Notwithstanding the election of said Hearst" the complaint concludes, George B. Mcclellan has usurped and intruded into and now uniawfully usurps and holds the office of Mayor" | dered on the right of Hearst to the of flee and also upon pretended right of the defendant, Mcclellan, thereto, and that 1t be adjudged that the defendant. Mcclellan, has no just or legal right to hold said office. and that he has had no such rights since the 1st of January, 1906; that the said William Randolph Hearst was duly elected to the offico of Mayor and has had, since January I, 1906, the legal right to hold the office for the term of four years from that date The final prayer Is that George E. Mcclellan be busted and excluded
 from said office and that the plaintin
 {the people of the State of New York) may recover of the defendant the costs and disbursements of this faction"
 One difference between this new &C., ton and those that have preceded it is
 that 1t is brought in the name of the
 people of the State of New York.
 whereas the others have been in the
 name of MT. Hearst.
 Mayor Mcclellan refused to discuss
 the case.