New-York tribune., 1907-01-10
THE MAYOR GETS ORDER
SO DOES Mr.. JACKSON.
MeanzcMle Legal Red Tape Clogs
Recount Machinery.

ting more and entanged with orders
stays. summonses and legal red tape in his ef-
fort to begin at once his proposed inquiry into
the Mayoralty vote of 1909. by a recount of
which he aims to seat William r. Hearst as
Mayor
Mr.. Jackson is receiving the active and SIREN
uous support of the most potential influences in
Tammany Hall, but the Mayor and his lawyers
seem to be able to stave off attacks at fast as
made. Mr. jackson yesterday afternoon OBJ
tained from Supreme Court Justice Hendrick
an order calling upon John T. Doolng and the
other members of the Board OF Elections 20
show why they should not be adjudged
guilty of contempt of court for wilfully dis
obeying the order of the court in the election
cases. This order was returnable In Trial Part
V of the Supreme Court at o'clock yesterday
afternoon.
Justice Hendrick was trying railroad case
when Clarence ]. Shearn, Attorney General
Jackson and John T. Dooling made their ap-
pearance.
IN see you gentlemen in my chambers"
said the justice.
Into his chambers went all the parties inter
ested. and a squad of reporters in addition.
When Justice Hendrick asked If there was
sufficient reason for conducting the hearing in
private he delberated, and finally announced
that the hearing would be in Part 2 The room
was dark when Commissioner Dooling and As
sstant Corporation Counsel Butts followed JUS
tice Hendrick and Messrs. Jackson and Shearn
into it.
II guess it is appropriate to have this thing
done in the dark" said Mr. Dooling TO Attorney
General Jackson.
Assistant Corporation Counsel Butts presented
an order with a stay signed by Justice Amend
to show cause why Justice Hendricks order
should not be vacated 1t is made returnable
Tomorrow at 1870 o'clock, before Justice Lev
entrtt, in Part l. Justice Hendrck adjourned
his hearing until twenty-four hours after the
final order had been entered by Justice Leven-
tritt
''I'I see YOU gentlemen in my chambers" said
Justice Hendrick again. This time the news
paper men were not admitted. In the confer
ence were Justice Hendrick Attorney General
Jackson Clarence ]. Shearn, counsel to William
r Hearst and Special Deputy Attorney General
and Messrs Dooling and Butts. After ten min
utes Messrs Dooling and Butts retired. While
the conference going Mr.. Shearn had a,
talk with Justice John Ford In one corner of
the room. After Butts and Dooling retired
Thomas F. Smith. secretary of Tammany Hall.
entered the conference and another arrival was
Melvin G. Palliser a member Of the executive
committee OF the Independence League. On
Tuesday night Justice Hendrick In company
with Charles F. Murphy made quick trip to
Albany, Justice Hendrick returning yesterday
morning in time 10 discharge his official duties
the bench
Last night the friends of the Mayor gloated
over the alleged weakening OF Attorney General
Jackson. asserting that Commissioner Dooling
was not the sort OF man to be bluffed.
The Mcclellan men took their turn at obtain
ing orders. Attorney General Jackson was
served with the papers In the injunction obtained
nv laxV for he ole
of Brooklyn. TO restrain him from obtaining pos
session of the ballot boxes in the warehouse The
attorneys in the case are Dykman, Carr & Kuhn.
of Brooklyn. and they obtained from Justice
Gaynor the injunction restraining the Attorney
General, and they served him at his office in
William street yesterday morning.
After the service of the papers. which the At
torney General acknowledged the latter and his
personal counsel in this particular case and also
the counsel for William r. Hearst, Clarence ].
Shearn. held a conference at the Attorney Cen
erals office.
On the way out OF the Office Mr.. Shearn made
this remark: You Will notice that Mr. Dykman. !
who is the attorney in this restraining order. is
the attorney for the Brooklyn Union Gas Com
pany, OF Brooklyn, member Of the trust and,
OF course you Will recall that Mayor Mcclellan
signed the iniquitous gas bill which Governor
Odell had to repudate."
Attorney General Jackson and Mr. Shearn
proceeded TO Brooklyn, where they saw Justice
Gaynor concerning the order which he had
granted the application OF John e Cassidy.
superintendent Of the Eagle Storage Warehouse, !
IN Brooklyn. During the conversation which
followed, Justice Gaynor explained that the or
der which he had granted not meant to
change the status quo, and was only intended
TO apply to the ballot boxes stored at the Eagle
warehouse. Justice Gaynor further explained
that his order would not change the situation,
but only brought matters to a standstill, and
that he did not mean to interfere in any pro-
ceedings which the Attorney General fl to
take.
In his application for the order against Mr.. /
DOong and the other members OF the Board of
Election, Attorney General Jackson submitted
an affidavit In which he rectes the granting of
the order impounding the ballot boxes and the
placing of them in the custody and keeping of
the Attorney General of the State of New York
pending the further order of the court and the
service of the mandate upon the Board of Elec-
tions. In addition, Attorney General Jackson
tells about a question which he had asked Mr..
Dooling, and not satisfactorily answered.
The question was, what Commissioner DOoling
intended doing with the boxes containing the
ballots voted at the MayoraIty election in 1905,
in the event of the Appellate Division decision |
reversing Justice MacLean's injunction, which
prevented the destruction OF the ballots
Attorney General Jackson says, In his afii- |
davit. that Mr.. Doong, replying to this query |
said he did not know what would be done with |
the ballots in the event of such action by the |
higher court.
Concluding his affidavit, Attorney General |
Jackson said: