New-York tribune., 1907-01-07
MIR. JACKSON DEFIANT
NAY IGNORE INJUNCTION
Hints Possibility of Going On SritH
Quo Warranto 4ction.

Attorney General William s. Jackson spent
yesterday in town. and il is putting il mildly To
say that he was in state OF mind on accouns
of the injunction obtained by Mayor Mcclellan
restraining him temporarily from reopening ths
quo warranto proceedings desired by Mr. Hearst
Clarence ]. Shearn and Alexander Young. both
OF whom, 1t is said. are retained by Mr. Hearsrs
were in consultation with Mr. Jackson tfe
greater part of the day at the Victoria. and
when Mr.. Jackson went back to Albany lass
night he dropped a remark that strengthened =
rumor that he going TO try TO ignore this
order of the court. and go ahead with his quo
waranto hearing, set for to-day in Albany
The writ of prohibition restraining the Attor-
ney General from going to-day was granted
by Justice Fits. of the Supreme Court in AL
bany. on Saturday. and is made returnable on
Saturday morning of this week The Mayor was
represented by Eugene L. Richards. jr,. and ex-
Justice g. D. 8. HaSbrouck.
Just before leaving here for Albany last night
Mr. Jackson was asked concerning his prohabls
action to-day. and his reply was:
Perhaps that writ of prohibition does not pro.
hibit. after all
DO you mean that you are going to ignore it?'
was asked
Make your own Deductions" was the answer.
II is understood that Attorney General jack
son is much incensed at the wording of tbs
Mayors petition, wherein il is alleged that hs
is not fit to conduct proceeding of the char
acter contemplated. The language of the peti.
ton is:
Your petitioner is informed and believes thas
the said Attorney General William Scnuye,
Jackson cannot administer justice as fair and
impartial officer within the meaning of the law
of the land and that if said Jackson be allowed
to proceed your petitioner may be compelled to
defend the title TO his Office as Mayor OF ths
city of New YOrk upon a determination mads
by an unfair biassed and partial Attorney Gem
Prdl 6ADTlNe6 XeST6I
rights and privileges citizen and his vested
right and privilege in and to the Office OF Mayor
of the city of New York
One of Charles F. Murphy's Iieutenants said
last night that the Attorney General had con-
suited with various Justices of the Supreme
Court. and that the consensus of their opinion
was that the Attorney General could ignore tbs
writ of prohibition granted by Justice Fits.
the ground that he. the Attorney General. was
acting clearly within his constitutional rights in
going ahead with quo warranto proceeding.
The other side of the proposition is that if ths
Attorney General should ignore Justice Fittss
order he would lay himself open to the charge
Of acting as partisan in the interest of Hearst.
the very thing charged by Mayor Mcclellan in
his petition.
II was said last night that il would be within
the province of Supreme Court justice to dis
solve the writ of prohibition granted by Justice
Fits, although it would no unusual for BROTH
er Justice To do such thing without sufficient
reason for it.
Tammany believe that If the Attorney
General finally is enabled 10 60 with the quo
warranto proceeding he viii conduct IL outside
Of this city as il might he difficult 10 obtain
New York City jury that would be totally IN
prejudiced
The Judgment of the politicians is that the
deadlock between the Attorney General and
counsel for the Mayor practically ins1res tne
quick passage of a recount bill The NcCieiaiI
say that Hearst does not want recount
bill all. but that he desires a quo Warranto
proceeding by the Attorney General, 81 that his
counsel will have opportunity 10 say certain
things in court.
The friends OF Mayor Mcclellan say tnat hs
would not inteTpoSe objection to "A recount bill
The cost of defending himself in quo war-
ranto proceeding would fall ON him personally
and he is not rich man. ne does not want
a long drawn out inquiry of that sort.
Certain powerful friends of Charles F. Murphy
have cautioned him against playing into thss
hands of Hearst They tell him that Mcclellan
and McCarTen in opposing Hearst last NOvenl-
ber. actually conferred a great boon on Tam
many and it's leader, in that Tamnany came
out of the contest with flying coOrs. while
Hearst badly beaten. Mr. NIurphy's friends
tell him that he is now rehabiliIating Hearst.
who. if he gets a chance. will prove to be a.
harder taskmaster than Mcclellan ever has
been