Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-19
GUSTS JACKSON MEN
Another Turn in the New York
MayoraIty Recount.
SHEARN'S MOTION DENIED
Ballots to Remain in Custody Of the
Board of Elections.
QUESTION OF GUARDING VOTES
Supreme Court Justice Leventritt Re
fuses to Allow Attorney General
to Set Watch on Boxes.
QUESTION OF GUARDING VOTES

NEW YORK, January 19.-Supremc Court
! Justice Leventrtt, sitting in special term,
| yesterday afternoon denied n motion made
| by Clarence j. Shearn, on behalf of Attor
ney General Jackson. TO compel the board
| of elections to allow the attorney general
| guards to watch the ballot boxes OF the
| 1905 election. pending an appeal from Judge
| Leventritts decision a week ago. That de-
| cision vacated the order granted originally
| by Justice Hendrck of the supreme court
putting the ballot boxes into the custody OF
, the attorney general. pending trial of the
| outer suit against Mayor Mcclellan.
In rendering this decision. which was
| based on the ground that Mr.. Shearns mo-
! ton looking to continuing in force sub
stantial part of the Hendrick order, Justice
Leventritt declared that he deemed the lat
| ter decree 'onc of the most extraordinary
| orders ever issued" AS matters stand now
| the elections board will proceed to have the
attorney generals guard elected from the
| places where the ballots are stored, and the
| labels of the states chief law officer are
rendered of no more avail than 50 many
| pieces of coiored paper.
Mr.. Shearn and his associates on the at
| torney generals staff undertook to score Il
point on Mayor Mcclellan yesterday by
making the motion part of the proceeding
of the people against McClelian-the official
tile of the custer suit-and citing the
mayor to appear. Accordingly, Eugene
Lamb Richards jr., of the mayors counsel
did attend the argument. but he stated
specifically to the court that the mayor did
not recognize the validity of the action, and
did not admit himself subject to the jurIs
dictiOn of the court in connection with 1t
through yesterdays appearance. That was
all the mayors representative had to say.
Shearn and lis Men.
Mr.. Shearn had with him Deputy Attor-
1S Doth oy1d
Firestone. He presented to Justice Leven-
tritt affidavits. in addition to those of the
former hearing, alleging that the ballots
in the Staten Island Bank building. at Sta
pleton: those in the Globe storage ware
house, in this borough, and those in the
North Side storage warehouse, In the
Bronx. were not safe. With respect to the
Staten Island ballots, the affidavit related
that they were in vault in the basement
of the bank building, which was closed
only by an insecure sheet iron door, and
easily accessible from the outside by means
of a wooden door, with glass panels, lead
ing into the cellar.
Mr. Shearn was also afraid of fire in the
case of these ballots, for the affidavit de-
clared that their actual resting place was
only four feet away from the furnace of
the bank building. and that there was no
Waterman in the building-only the 5antor
who didn't stay awake all night. He added
and. on the whole, he thought It most
improper place in which to keep the ballots.
Danger Of Fire.
The Globe Storage Warehouse and the
North Side Storage Warehouse Mr.. Shearn
objected to because there were stables in
the lower part of each. which rendered them
liable to fire. The Manhattan Warehouse
in this borough and the Eagle in Brooklyn
Mr. Shearn considered fitting plaees-but he
wanted the attorney generals guards MAIN
tanned in both places, so as not to injure the
status quo pending an appeal on Justice
Leventritt's former decision.
IF this guard could be maintained" he
said land the seals of the attorney general
be maintained on the ballots. no doubt the
appeal itself would be withdrawn"
To this Justice Leventritt replied:
eff the attorney general thinks that the
ballots are unsafe and the courts decision
wrong" said the justice cit Is his duty to
appeal to have the points Of law decided
rightly, and not to serve as the basis Of a
compromise. If, however, the attorney gen.
eral thinks there is no ground for an ap-
peal and that the courts decision on the
former motion was correct, he ought not to
take the appeal In the first instance
Jackson's Purpose.
Mr. Shearn explained that the attorney
general was trying to preserve the ballots,
and wasn't suing for the purpose Of trying
out law points, but the opening he left was
quickly awaited of by Corporation Counsel
Ellison when he spoke in opposition to the
motion. 1.-The suggestion of my learned
opponent" said Mr.. Ellison. 'ets in the
light of day 1t shows that the real pur-
pose of his motion was actually to reargue
the issue that was determined last week and
to see If your honor would change your
mind that they thereby may gain their
original point"
Mr.. Ellison declared that the ballots were
safe and in the hands Of the proper authori-
ties, and Assistant Corporation Counsel
Butts read an affidavit describing in more
detail the vault in the Staten Island Saw
ings Bank to show that it furnished ade-
quate protection.
The lighthouse board will soon station a
lightship off Ohio Ledge Narragansett Bay,