Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-18
JACKSON IN TROUBLE
Mcclellan Starts Contempt Pro-
ceedings.
VIOLATED COURT ORDER
Charge That New York Attorney Gen.
eral Broke Law.
THE HEARST RECOUNT CASE
Mayor Says Jackson's Effort to Cap
ture Ballots Contravened Writ
of Prohibition.
VIOLATED COURT ORDER
THE HEARST RECOUNT CASE

ALBANY, N. T., January 1S.-Attorney
General w. 8. Jackson is called upon to
race contempt proceedings in the special
term or the supreme court here Saturday.
January 26. In a notice served yesterday by
Mayor George B. Mcclellan of New York
city
The mayor asserts that the attorney gen.
eral has violated the order of the court in
beginning and continuing the action of the
people against Mcclellan for recount Of
the votes in the mayoralty election after
the proceeding for writ of prohibition was
started here by the mayor January s.
The mayors proceeding for the writ was
begun few days after the attorney gen.
eral had set date for a hearing on the
application of William r. Hearst for per-
mission to bring a proceeding to test Mr.
McClellan's title to the office of mayor
The attorney general thereupon dropped
the proceedings started by Mr. Hearst and
on January Z went ahead on his own in
itiative to bring a suit against Mr.. Nc
Clellan.
The mayor asserts that this latter pro-
ceedlng Is of the same character the
one that Mr.. Hearst wanted to pursue and
that therefore it is subject to a stay grant
ed In connection with the proceeding for
the writ of prohibition. The latter proceed
Ing is pending in the supreme court here, a
decision being expected any day from JUS
tice Fits.
Wants jackson Imprisoned.
The Imprisonment of the attorney general
until he withdraws the present suit against
Mayor Mcclellan in the supreme court in
New York city is one of the things asked
for in the notice yesterday.
In seeking to make out his case Of con-
tempt against the attorney general Mayor
mcclellan, In an affidavit. quotes from the
New York Herald of January g. in which
Mr.. Jackson says, with respect to the issu-
ance of the writ:
mo one should have allowed a court to
take such an ill-advised position
The mayor in his affidavit says that Mr..
Jackson in bringing his last action had no
facts in addition to those submitted to At
torney General Mayer last spring or to Mr..
Jackson himself in the Hearst application
for permission to bring suit made on jan
uary l. The mayor then relates how. after
the stay granted by the application for the
writ of prohibition, the attorney general
brought the suit of January I and obtained
orders for the impoundng of the ballot
boxes
Mayor Will Defend Title.
The mayor states that further proceed
ings in connection with the pending suit
against himself are threatened by the attor-
ney general, and that result the rights
and remedies of the mayor in attempting to
defend the title to his office will be and
have been defeated, impaired and preju-
diced
1.-The time for the deponent to appear in
answer to the said action in New York
city will expire on January 49, says the
mayor, land unless further proceedings on
the part of the said Jackson are stayed de-
ponent will be compelled to appear in said
action and take some part which may
prejudice or waive his rights
The court is then asked to compel Mr..
Jackson to withdraw the present suit and
to enjoin him from taking any further pro-
ceedings In the matter.