The evening world., 1907-09-18
PRIMARY CALL
MUST Be ISSUED
WITHOUT DELAY.
Justice seabtry Decides that
the Election Machinery
Shall Not Be Clogged.
SETBACK FOR MCCLELLAN
Dooling, of the Elections
Board Had Aimed to Tie
Up Tammany.
SETBACK FOR MCCLELLAN

rammanv Hail non pronounced VIC
scry over Mayor Moc1ellan's political
faction in tho supreme Court to-day
when Justice sea5ury sustained rho
primary. call OF the TaInmnnv Hall Gem
srai Committee. Tho call Tor the pri-
niArics is not only sustained but the
Board Of Elections Is ordered 10 publish
tho call al once and print the ballots
~ conformity with the law as the Tam
many General Committee followed IT,
Daniel f Cohalan. who conductad the
legal hEht on behalt OF tho Tnmmany
organization. said TODAY that the Board
OF Elections will now have TO make the
appointments OF inspectors that should
been made weeks ago. Tha de-
eision means that Tarnmanv Hall and
not the Mcclellan crowd will have con-
trol OF the Democratic primary election
machinery.
There aas been lot OF political ma
nipu.stton behind the night between
Tammany and Mayor Mcclellan over
the primary call. John T Dooling.
Chairman OF the Board of Elections by
the appointment OF Mayor Mcclellan.
has been regarded by Maurice Feather
son, John o'Brien and other Mcclellan
advisers as an exper; on tho laws gov
sining elections Mr. Dooling an
aounosd 10 tho Mcclellan managers
that objection sus,ainable In law could
he n!ed to the Tammany primary cali
on several grounds.
Call is Issued.
The TapmAEy General Committee me;
and issued the call for the primaries
and the usual election notices on Sept.
3 The call and notices were sent to the
Board OF Elections in the usual way.
On Sept. delegation from the Bronx
registered an objection With the Board
OF Elections on tho ground that the
basis OF representation followed By the
Tammany General Committee was
wrong.
Tns basis OF oSieetioa was that undor
the call enrolled members OF the Demo
cratic party would be permitted 10 vote
in the primaries for dele gates 10 Aldec-
manic and Municipal codr: conventions
in districts otne. than those IN Na!ca
tho enrolled meuiOaFr resided, further,
that many enrOI!cd msmbsFs would %
abe 10 participate In the nomination OF
cand tintes for whom they could not
Yote AZ t5o general elec,iou. because
these candidates would he running In
other ASSEMBLY Districts.
Il IS true that certain Assembly pts-
triots ara no. coterrninus with the
AlderTrlanio and Municipal Court dis.
tracts. This applies in the Thirty-ntth
Assembly District in The. Bronx. whore
the oblectors came from,
Tho Board OF Electionsi decided that
tho objection was well founded But
there was no undue haste on the part
of the Board Of -Electlnns 10 notify the
Tarnmany Law Committee OF the fact
that the primary call was not legal.
Secretary Smith. OF Tammany Hall,
got wind OF what was doing at o'clock
In the morning on Sept I, and as soon
as possible got into communication with
Mr. Cohaian. Tho Board OF Elections
promised to hear the objections and the
Tarnrnany side al II o'clock In the morn
q taEzart <es y "a + n 1Fti 10
s'clock IN the afternoon,
oooiIng ss Advocate.
Mr.. poo,ins as Chairrffan OF the
Hoard OF Elections. conducted the pro-
ceedings. and also acted as advocate
OF the oojectors. He gave Mr. coha-
ID nle atiidavits answering the objec-
tions. announcing that decision upon
the question would be rendered at that
time.
Thors was no decision rendered the
next day or the next, so far as Mr.
Cohaian knew ofricialiy But no kept
In toucn with the situation and was
had upheld the objections and decided
that the unit OF representation should
DO changed.
before Justice Guy In the Supreme
Court ard secured an order, returnal,le
on MondaT sByIt-- rcr ore H 1uErtcs
Seabury compelling review OF tho
matter IN court
The case was argued for tho Tam
many Hall General Committee by Mr.
Cohaian, WHO contended that tho Gus
tom in vogue for 100 years e,ad been
followed and that uie law had been
complied with 10 the letter. He held
that the term unit of representation
as used in the Primary Election law "a
subject to the rules and regulations nj
the party. The Republicans for inr
stance use election districts MS ''units
Of representation. while tho Demo,
I-rItfrt r,yr--tr
always used Assembly d!strictsss those
units,
Justice Ssabury snstains Mr.. cohal-
ans contention on avery point