New-York tribune., 1907-01-08
SHEARN TO HANDLE CASE.
Jackson Names Hearst's Personal
Counsel IN Custer ActiOn.
fBy Telegraph TO The Tribune.

to-day by Attorney General Jackson to oust
Mayor Mcclellan of New York City from office
is brought in the name of the people, the case
will be preferred all others. under the first
article of Section l e4S of the Code of Civil Pro-
cedure. going directly to the head of the calen-
dar; that delay can intervene after the
legal period allotted to the Mayor to make an
swer to the complaint of the people.
Clarence ]. Shearn Mr.. Hearsts personal
counsel, who has led all the fight for a recount.
was named special counsel by the Attorney
General to handle the case. With him will be
associated Deputy Attorney General Donnelly,
in charge Of the New York City Office Of the
Attorney General. Thus the case will be quite as
thoroughly within the control Of Mr.. Hearst
as if he had obtained permission to begin the
quo warranto proceedings, while he will have
the further advantage of a preferred case
It is understood here that this somewhat re-
markable action is the result Of Attorney Gen
eraI Jackson's trip to New York Saturday night
and conferences yesterday with Clarence j.
Shearn and some Tammany politicians.
Mr. Shearn was here this morning. smiling as
genially as the proverbiaI cat with the canary
carefully tucked away.
This action means great deal to the Hearst
people. II carries advantages far greater than
the quo warranto proceedings, since compare
lively little delay is possible. In case the Hearst
attorneys had not been checked by the Mayor In
their attempt to reopen that phase OF the recount
war by the injunction obtained here on Saturday,
undoubtedly the Attorney General after the
hearing would have granted permission for the
quo warranto action. Then the case would have
assumed the aspect of a bitterly contested legal
battle. carried up to the highest courts The
Mayors lawyers would have been able to make
delay after delay, that in the opinion OF law
yers here. II might have been quite possible for
Mayor Mcclellan to finish out his term before a
settlement of the case was reached
But the Injunction directed against the Attor-
ney General stirred the bile OF that official. ana
he retaliated by showing that he could take far
more drastic action than had been contemplated
up to that time. He not TO be deferred in
the least by the fact that such action added
strength to Mayor McClellan's charges that the
Attorney General was 'biassed" and "pretuliced"
against him. He resents deeply the obtaining Of
the Injunction and makes conceaiment of his
idea that It was practically a breach of profess
sional etiquette
'As to the writ OF prohibition. one should
have allowed court to take such an I'll advised
position" he said to-day.
Leave to bring the action In the nature OF
quo warranto could have been granted by
without any hearing consideration To ex-
tend hearing merely a courtesy. The
man TO dinner.
Although my action has rendered the In
sistence upon this remedy OF no value to the
defendant I shall make a return 10 the writ In
order TO have the legal phases properly pre-
sented TO the court and to avoid the possibility
or such absurdities becoming law or precedent"
The Attorney General made public a state
ment this afternoon taking UP In detail the
sons which urged him to bring this action. He
reviewed the steps in the Hearst fight up to the
killing OF the recount bill in the Assembly last
year. after Attorney General Mayer had certified
that in his opinion quo warranto proceedings
were the proper remedy for the alleged injus-
tice. and the Attorney Generals refusal of per-
mission TO bring such action on the ground that
the Hearst attorneys had not submitted prima
facte proof that Mr.. Hearst was elected His
statement continued
The situation was then in effect:
TO me n9pr OF APpeals and the legislature refused
this this should be done only in quo warranto action
ranto aoo9y 70 5epsra ha refused 70 permit quo
'hSf W,tb, the ballots lot must first be recounted
SAD SAID decision. Mayor Mcclellan made motion 10
t5s HaSais Saas aI order & entsrsa April 90 1905 preserving
Hearst who then announced his intention TO appy S5
1 apply Of to the the ns4t G5
General for leave 70 6 the pTooeedgs denied
Justice MacLean denied the motion Of Mr. Nc
savtng. ~ '"Na'e 'he oruer preserving the ballots
The coming Legislature. unbound bv exau,n,.
precedent or the future ana saving 70 the
ton d,srriss ntS ITSELF may upon larger informa-
Information consider 1T expedient TO learn the real
tatsS fsn chief city and FOR the name Of the state
I1seiI TO set at rest elimination and recrimnation
i,hreeoguarters of twelvemonth In this situation
t, rew or its possibilities this court wifi not de-
nov POW that the representatives shortly to he chosen
Sbn all ba
the material an Inquiry Similar to e ,haP Drs
ACGn Atioo TO their predecessors and tho learned
t mneT ana a I'M more far reaching than has been con-
and affoT,n; new legislature Governor and new
The new Governor. Immediately after assr,,,r,.
@ @uiicc, rc,onrnended 10 the Legislature ths
on in the Senate S and G the %ss There
bi ne passage Of this hill at an early date prob
me question However in view OF the former dis
nor safey Et m hS measure the public interests may
GonsfienGe which has been stirred to activity oniy
brought this action to try the title F Of ofce eaUs Ue
The charge is made in the @, compIan, t,o. coou.
and that William Randolph HeaTst ,s IS ta qfuEpsr ru
Mayor, not because OF prejudice. but merely to
The Reorganization OF this question Is irnperatvelv
can object to having the truth known. '''''"
elective franchise he tolerated If free snG
Public office belongs i 70 to the neonIe rotho
70 3 the Ia N An attack upon the integrity Of
ocalty should be promptly and or voroyso IN amy other
scented not alone n by individual candidates for Of
state stat VINO may De personally affected but by tho
The State Of New York fs able 10 enforoo ,ou
laws Where there are reasonable gronds ,9rcs % her
the validity and honesty Of an election the estab
a public and not private burden 10
Republicans here are slightly amused over tho
haste with which Attorney General Iecl,sor ~