New-York tribune., 1907-06-19
RECOUNT BILL SIGNED.
ACTION By GOVERNOR.
Long Memorandum Expressing HIS
Tie7cS Filed.
tBy Telegraph to The Tribune, ]

Albany, June 1S.-Declarng that public policy
! demanded the settlement of the controversy as
/ speedily possible Governor Hughes signed to-
/ day the Prentice recount bill. which will permit
/ William Randolph Hearst bring about an
/ early recanvass of the ballots cast in the New
York municipal campaign Of 1895 This canvass
may be extensive as he desires. embracing
every election district in New York city. In the
memorandum commenting on his signature OF
the bill the Governor points oft that if Mr..
Hearst should be dsincIined to ask for recan-
vass Of certain districts the supplemental bill
now before the Mayor would enable Mr.. McCIel-
Ian to ask for canvass of the votes there.
In the course Of his memorandum Governor
Hughes briefly summarizes the developments
following the disputed election of 1908; the de-
cision of the Court of Appeals that summary
recanvass was not permitted by the election
law; the failure of proposed recount legislation
last year; the refusal of Attorney General Mayer
to authorize quo warranto proceedings by Mr..
Hearst and the order Of the supreme Court for
the preservation of the ballots
THE GOVERNORS MEMORANDUM
Under this order it must be assumed says
the Governor. until the contrary appears. that
the ballots have been duly preserved" He goes
! on To say:
. III Is Wen known 70 all who are COnVerSant VITA
sentiment in the city Of New York that there is
widespread as to the accuracy of the official
canvass. The failure 10 resolve that doubt and TO
determine in a prompt and decisive manner, salts
factory to all fair minded citizens the result of the
{ election has become a grave public scandal Tbs
denial Of all relief, either under existing law Or
through appropriate legislation for the ascertain-
ment of the fact whether the votes had been law
fully counted as cast has brought our law into
contempt and created a grievance shared by many
ereat vrror, has beer corIr1itted which n Is tbs
-Off1 ac1ar urfrI Of IaHz
to repair
/ We need not concern ourselves with the origin of
this belief the OF its prevalence II is
enough that II exists In the public interest and
for the sake OF the credit of our institutions this
be settled
The present Attorney General has brought an
action. in the nature of quo warrantO. 70 try the
title to the office but that litigation must
Sarily be proJraCted. and unless all parties should
agree 10 facilitate it's conclusion II is susceptible
of delays making 1t wellnigh intermtnable- The
public has Interest a waiting. long drawn out
contest with CumbrOUs proc edure and under form
of action i'll suited TO controversy of this magnt
tude. What is needed is disposition of this
ter in as summary manner as can be devised
BILL. DOES NOT ALTER \ VOTE
This bill does not alter change any rule
OF law relating To the validity or any vote. IL
simply provides for reCanvass of the votes valid
" cast in accordance with the law existing at the
time Of the election II the result OF this Iecanvass
is 10 establish the election of Mayor Mcclellan 1t
vii, largely reesablish confidence in our election
methods and make more UNLIKELY the recurrence
/ Of similar situation. II. the other hand. the
( recanvass should show that Mr. Hearst was elect
ed, every fair minded citizen. whatever MS pOhtcal
Z convictions. would rejoice that the fear or estah-
fishing a precedent cid MT prevent the rghtins or
a wrong and the giving OF the otnce 10 the man
" no was entitled to it.
/ The bin provides only for a recauvass Of such
districts as are specified I'm the petition The de-
rand for right To reCanvass other districts Uust
rest upon the ground that If the ballot boxes or
the other districts were oDened. inaccuracies IN
the count would he found When opposing in May.
1905 the application 10 the Attorney General Tor
bringing of action of quo warranto ths
and belief all the votes for the office OF
Nayor had been truly counted as cast and he de-
MED that they had been Illegally canvassed Ths
theory "f this bill was that the contestant snoula -
define, the grievance. point out the districts where
il was claimed the canvass vas inaccurate ana
the votes of those districts snould pIoIptIf
he re-canvassed and all questions should he sum-
mary determined by the court rms OF course
would absolutely settle the matter So 1ar as ths
. contestant was concerned. and If the opening OF
rhe boxes did not bear his allegations ths
/ controversy would be ended
SHOULD NOT BE PUT TO DISADVANTAGE
F},,t the Navor. who has received the certhcats
of election should not be put 10 disadvantage II
has been suggested that inaccuracies in the ortciai
canvass might found in districts not specified ~
the contestant which might offset or nuIlfy any
f. vorb b results gained by the contestant in opening
the boxes specified by him II IS desirable that no
question should be left as To the fairness OF ths
result Should the contestant IN MS petloh iali 10
specfv all the districts. the right should be given
the Mayor 70 procure the recanVaSS OF any IL IL
tricts not mentioned II Is also evident that -
cost Of q canvass of such districts should not ne
horne bv the Mayor in case his title should oe
/ confirmed The present bill provides tnat II the
result IS to seat Mr. Hearst the city shall bear the
cost Mr. Hearst's attorney has formally stated
on behalf Of his client that I'm the event OF ths
signing of this hill Mr. Hearst would ask for a
recount in every election district IN the city. How
ever important this may bc a matter OF moral
obligation cannot properly dispense with appro-
pirate legislation. Accordingly a supplemental oii
has passed the Legislature and Is now In the hands
of the Mayor providing that he may petition for a
recanvass of the votes any districts not specified
in the petition presented by Mr. Hearst and thaS
of the reCanvass OF such districts saAn
he borne by the city
PROVISIONS OF SUPPLEMENTAL BILL.
+ The supplemental bill provides that nothing
therein contained shall be held to require re-
canvass in districts where the ballots have not
been preserved And the present bill provides that
where the returns have not been superseded Oy
orders made pursuant TO the recanNaSs providsd
for. such returns shall stand in determining the
final result
n regard To the procedure under the present
bill il NAV be observed that If the petition
/ specifies more than district the court shall ap-
point as many commissioners a II may deem nee
Cssary. not than one commissioner canvass
ing the ballots of any one district The matter -
within the control OF the supreme court
which may appoint the number OF commissioners
: deemed necessary and allOt to each commissioning
such number Of districts may be thought ad-
ysahIe The court be trusted to deal with thu
matter inteIIigently and fairly and 70 avoid un-
+ necessary embarrassment and expense incident TO
an undue number of simultaneous proceedings.
In the belief that public policy requires the set
tlernent this controversy speedily as its nat
ure will permit and that il would be most unfort-
unate that legislation this end should fail, ap
prove this bill
/ The supplemental bill referred TO by Governor
/ Hughes has passed both houses and is IN
the hands of Mayor Mcclellan for approval or
+ disapproval. Should he Acting Mayor Nc
Gowan veto the bill, it would have to he
naSsad nv both houses before going TO Governor