New-York tribune., 1908-06-26
HINT BALLOT TRICKS
Hearst's Counsel Charges Stuffng
Question of RemuneratiOn-

Hearst made a gain Of 145 in 10 boxes. while Nc
cferan gained a. in the recount of the rnayoralty
vote before Justice Lambert ana jury SesueroaF'
-,alinr q net gain for Hearst of 9s the day.
The forty-three boxes from Richmond were le-
counted but the County Clerk failed TO obey the
summons Of the court to produce the envelopes
Il was agreed that Messrs. Shearn and Richards
Themselves will canvass the two hundred-odd THld
and protested ballots from Richmond, ana 1hen
read in the tally sheets 10 the court
Court reassembles at 10 o'clock this morning 70
hear argument by counsel. the counters being cH-
cused from further duty and only the jury to re-
turn.
Three boxes are still held up in Manhattan by
order of the court, which. with the forty-three
from Richmond be read in to-day. brings the
total number of boxes recounted up to 1sis- or
course in the official list there are still for'v-sA
boxes.
Win the recount practically completed, McClei-
lans plurality will Slightly below 5000. loss OF
between 500 and 600 as compared with the declared
result the contest began But the END is not
in sight Counsel for Mr. Hearst are planning 10
prolonz the agony. Mr.. Shearn said last night:
The result up date has fully JUSTIFIED the IN
sttution Of this action We charged that the votes
had been r.1scounted in practically every election
district The evidence has shown that out OF 1,ns
districts in Manhattan and The Bronx only zp
were correctly counted We charged that in many
districts ballots Were credited to Mr.. Mcclellan
that had never been cast. We shall enter upon
that phase of the Monday, having found
e large number Of districts in which the NUMBER
Of ballots found upon the recount exceeded by
from ten TO fifty district the number of voters
in the several districts. In such case where the
fraud is plain has been the custom of the court
10 reject the entire poll for the district If that
course is followed in this the number Of dis
tricts in which the ballot boxes were stuffed on
election night will be sufficient 10 overturn the
result
The delays sought by Mr. Hearst's counsel will
avail but little" SAID Eugene Lamb Richards, the
Mayor's counsel Doubtless the Hearst people
viii take advantage of everything 10 stave of the
inevitable decision against them
How is the Mayor TO be reimbursed for the ex-
penditures involved in the long defence of his
title?" was asked
Either by order Of the court or by special act
Of the LEGISLATURE said Mr.. Richards. 1T would
seem that Section "a Of the city charter provides
for the reimbursement of the prevailing party In a
contest of this character"
The section referred is under the caption:
Appropriations for contesting office TO be made
for prevailing party only
Section 2z1 No appropriation or payment for
the contestng of the Office Of Mayor, or any seat
in the Boerd Of Aldermen Office in any de-
partrnenr- the office any officer whose salary
IS paid from the city treasury, shall be made to
any but the prevailing party Nor shall any such
appropriation payment be made TO such pre-
vailing party except upon the written certificate
of the chief officer of the Law Department and
Of the presiding Justice Of the Appellate Division
Of the First Department of the Supreme Court
certifying who is the prevailing party, and the
case officer or clerk is ordered TO be examined.
in pursuance Of law. the Corporation Counsel
counsel for the officer or clerk making appli-
cation therefor.