New-York tribune., 1907-01-15
JACKSON'S MOVE F0[LED
CAN'T HOLD THE BALLOTS.
LeUentritt Vacates Order
Giving Him Custody of Bores.

Justice Ieventritt vacated Yesterday the so
called midnight order OF Justice Hendrick
which aimed to transfer the boxes containing
the ballots in the last mayoralty contest from
the custody of the Board of Elections TO Attor-
ney General Jackson Justice Leventritt asked
Mr. Jackson 10 state the authority under which
the court could transfer the custody Of the
boxes TO the Attorney General Mr.. Jackson
could not cite authority. and the court imrne-
diateIy vacated the Hendrick order
The decision Is a setback for Attorney Cen
eral Jackson and William r. Hearst in their
attempt to reopen the ballot boxes to begin quo
warranto proceedings The Attorney General
said last night that he thought that Justice
Hendricks order right and that he would
take an appeal from Justice Leventrtts de-
cision.
The hearing was to have gone on yesterday
forenoon. but on account Of the illness Of Cor
poration Counsel Ellison postponed till
afternoon. when he appeared,
Mr. Kuhn Of the Brooklyn law firm Of Dyke
man, Kuhn g. Carr. counsel for tho Eagle Stor-
age Warehouse Company said mat his clients
had charge OF certain ballot boxes. and OBJ
jeoted TO turning them over to the Attorney
General.
Mr.. Ellison. in his argument said: Mr.. Jus
tlce Hendrck grants an order at midnight TO
grab these ballot boxes all over the county
without notice TO the Mayor. but with the con-
sent OF William r. Hearst. The Board Of Elec-
tions IS the proper custodian of these ballots
There is not a scintia OF evidence TO show that
the ballot boxes are in danger at this time
Attorney General Jackson, In reply. said: "As
10 the Board OF Elections, l have brought an
action TO try the title TO the office OF Mayor
and / ask the court to impound the ballots as
necessary evidence. do not care VINO hoIds
the ballot boxes. long as / know that they
viii be preserved
do YOU concede the court had no power to
lmpound the ballot boxes In your possession
asked Justice LeVentrttt.
"On the contrary answered Attorney Gen
eral Jackson. the court has the full power
SHOW me the authority said Justice Leven-
trtt.
Boards of elections are under the control of
the county," said Mr.. Jackson.
The question is added the court, whether
the custody shall be In the Attorney General,
and 1 ask you 10 point to me your authority
II shall have to rely upon the general powers
of the court" replied Mr.. jackson. Now, both
Mcclellan and the Board of Elections have
sought to destroy these ballot boxes
THAT is not true replied Mr.. Ellison.
The Board of Elections has" went Mr..
Jackson, "and the Appellate Division of the
Supreme Court has decided that these ballot
boxes must be preserved"
Il grant that the ballot boxes should be pre-
served" said the court, but in the custody of
the Attorney General. / question"
Corporation Counsel Ellison intmated that
the seals placed on the ballot boxes by the At
torney Generals deputies when they made their
early morning raids storage warehouses in |
II don't that they will hurt anything" said |
Mr.. Ellison. He also intimated that the watch |
men placed in custody OF the boxes by Mr. |
Jackson would he removed at once.
The Attorney General asked the Mayor to CO. '
operate i'm having the ballot boxes taken care |
Of AS the court yesterday decided that the |
Board of Elections the proper custodian of |
the boxes, II will not make any difference wheth-
Pr the letter was answered or not.