New-York tribune., 1907-06-08
SHE1RN MAKES REPLY.
Calls Mayors Statement on Recount
"RechLessLN McndaciONs." :"

Clarence J. Shearn. counsel for William Ran
dolph Hearst, wrote to the Legislature last night
letter the recount bill In reply the
by Mayor Mcclellan published in The Tribune on
Thursday. Mr.. Shoorn took up the Mayors OBJ
joct.cns to the bill and tried to prove they
invalid lie said It was not a question with Mr.
Hearst ot putting the Mayor out and seating him
self, but that Mr. Hearst was engaged IN dis
interested attempt uphold the sauctlty Of the
ballot aud TO that every mans vote was
counted q was cast
Mr ShearH characterlzas some Of the Mayors
statements as rrcklessly mendacious lie said any
burden the Mayor might have To bear in the way
oL expense he had brought upon his own shoulders.
Mr. Sh"arns letter reads follows:
AR. George p. Mcclellan, in bis Individual capacity
oy me- pin. has momoraliz~d you IN opposition 10
Assem9.E bu i'-9. commonly known as the re
~ lL,l- 'hat ary or record ought not to pass un-
ti Justice ana fair play and for your Information.
speak as counsel FOR Mr. William Randolph Hearst
ana With personal knowledge OF the facts of the
ma Ioraitt Vote in bi@ ty recount OF the Iso'
,ir M%aic.!sn ,Ie eenn!ai3s tho, the III is TN,
% select few hundred election districts for the
canvass or comTo Mr Mriran 70 '9.fr,S 9ssme the
burden ~ prtIuonns FOR q recount on his own be-
La.t and undertaking 70 pay the costs n shown not
r1@ht ny p.rsisienily blocking I'M the courts and
,I slt, i 'T'gi ~ p'%-etr fee3aRii n4drr
laratoH, that II tho nu becomes "a law Mr.. Hearst
y. 2sk for recount II ne yo'e In every election
eot into the once 81 Mayor or S6 to put " M Ne,
small forum" In struggling 70 secure rs the in
clrzeu to have It jndirlay determines that every
ballot was counted as cast This has been the basis
Nothi1z less than general recount would satisfy
4s sent'me4t ta9t nas Led to- to the pass3se Of this
MI Mcclellan IN the courts. eya'y election district
Nr. Mcclellan is recklcssly mendaclous in his
astounding statement that Mr. Hearst has alone
m gecdnn was possible This viii be news e 10 Sf tga
knowledge Of the facts than with the records. TIo
refers 10 The case. Of th" ballot box in the 2d Eoc-
ton District of tlte fth Assembly District the test
case reported in The courts as In the Matter Of
Judge Amends order opening I'VE boxes was
made over the opposition OF the Corporation Coun-
sci which office has for two Years carried on Mr.
McCle1an's battle at the cost Of the city. Upon
tied Iecauvass To procure recanvass an ap-
' the order T IS ', read as follows VS. '''' 50 niue" OF
THAT is to say. that whatever ballots in
yaiilfv Of the same as to whether tEev vere sre
icct to protest isee printed report on appeal
nlcd in the County clerks once
Thoreupon, and after the opening Of the four
the Corporation Counsel appealed from the whole
order. tScc printed record appeal) The
Corporation HounsclS appeal was supported In the
Appellate Division by Judge Parker, who appeared
port Of the case in the Appellate Division recites
the appearances as follows:
plicints-appcllants: Arthur e, Butts for respond
dr George a'oR nFeF tn" cdSn
for Mayor on the Demogratic ticket" The de-
fun rccauvass. An immediate appeal was taken
10y the Corporation Counsel to the Court Of Ap-
Judge Parker argued tho appeal for Mr.. Mcclellan
the order was reversed and II held that thera
could not be recount under the statute
That is the truth about Mr. lIearst's Deliberately
count as esablishcd bv the court reIord onj Tr
Mr.. Mcclellan says that "at every step of this
contest have willingly conceded to my opponent
ev'svthing to which he was entitled under the
2" N 10Y w ] coos tgs statement agree with facts
clearly entitled under the law to test Mr. McCTcI-
gs the consent Of tho Attorney General But 'V NIr
McSlSIlan Violently opposed former Attorney Gen
I'm procuring him 10 withhold 1t. and when Attor-
ne nSy &C. General Jackson began an action in the name
pT@h'nu4n % a am% 70" irSd 20 send the Attorney Cen
now, although the action has been pending dve
Mr.. Mcclellan asks the Governor r'U' What evidence
ne has that injustice has been done. The evidence
has been ready OF access TO the Governor for II
was filed in the shape OF anidavits with the 20, r,i
was with evidence on le the that ss ths
tt gommltttsS IN Two successive sessions favoraby
the Governor knows that fraud was proved IN tbra a
of tff number OF election criminals Who we knows
TO Jail and of the exodus from the state of eIec
ton officials under Indictment. ~ N''~
Mr.. Mcclellan asks what guarantee the I,eeis-
lnture has that the boxes have not been tanDered
with They nave been continuously in charge of
their lawful custodians the Board Of Elections
appointed by Mr.. Mcclellan. True, I wish wa baj
a better guarantee, but IT is not one of which MIR
Mcclellan can we'll complain. AS is well known
however this guarantee has been supplemenfej
by placing the boxes under lock and seal and rnaI,
tanning night and day watch ever since the night
after election.
Finally, Mr.. Mcclellan complains OF having to
face burdensome expense In order 10 protect his
rights because recanVaSS may be carried ON si-
multaneously in a thousand districts. Such burden
may be. Mr.. Mcclellan has brought upon his
own shoulders ~ his policy of obstruction. But the
bill provides that the number of commissioners ap-
pointed shall be in the discretion es the court and
the courts have entire charge and direction of tho
recount The courts have rot thus far shown any