Los Angeles herald., 1909-11-15
SMITH REFUSES
MUSHET'S PLEA
FOR A RECOUNT
SAYS He DOUBTS LEGALITY OF
SUGGESTION
REPUBLICAN LEADERS BACK UP
POSITION OF NOMINEE
City Auditor and His MayoraIty Orr
ganization Notified That Ma.
chine Will Not Stand for
Proposed Action
THE Republican city central COM
rnitfne and Cenrpn Snnifh taIxa

| THE Republican city central COM
mittee and George A. Smith take
- the stand that a recount cannot
| legally be had under the present laws,
| and they refuse to enter into any kind
| of an agreement with w. c. Mushet's
| forces. The Mushet organization has
been notified by Mr. Smith that he
| will not consent to a recount and has
| papers prepared to take the matter
| into the courts Immediately on official
announcement Of the canvass by the
city council this morning.
| Today the Republican committee will
| go further and will notify Mr.. Smith
| that its opinion is that no time should
be lost in paying any attention to the
| Mushet mayoralty organization, but
| rather to proceed vigorously with your
campaign for mayor" on this the
| Smith forces have somewhat the ad-
vantage, as they may fight the Mushet
| contest in the courts and still proceed
with the campaign against George AL
| exander.
| The footngs of the canvass were
completed at $50 o'clock last night by
the force who had worked all day in
the city clerks office. In addition to
a showing of Smiths lead over Mushet
of nineteen votes, completion of the
footings called attention to gain by
Mayor Alexander of fifty-seven votes
| COUNCIL 10 Meet ooay
The city council will meet at o'clock
| this morning to comnlete formalities
| After that. unless a conference yet
| to be held demonstrates that the
Mushet case is hopeless, attorneys for
| the Mushet mayoralty organization Will
| appeal to the courts for recount,
| claiming that a recount will show a
! gain for Mr.. Mushet sufficient to give
| him second place on the ticket
Mr.. Smith took the stand on receipt
| of the Mushet letter asking consent to
a recount that he could not answer
with propriety until the council had
| finished canvassing the returns. Ac-
| eordingly he did not act until yester-
day, although he had previously ad-
dressed a letter to his personal attor-
ney, Edwin A. Meserve, and to the
| central committee. Last night ne sent
the following letter by special messen-
ger to Mr.. Mushet at his house:
l have delayed replying to your
| esteemed favor of November IL,
! pending the completion of the of
ficial canvass by the city council.
which was finished about midnight
November 13.
[ wished also to consult with my
| campaign committee as to matters
of general policy and with my at
torney as to the legal aspects OF
the proposition you have courte-
ously suggested to me. l have re-
ceived from them both opinions in
writing, of which l have the honor
to submit to you the inclosed
copies. Let me thank you very
kindly for the magnanimous spirit
which you have manifested all
Through the recent strenuous cam
paign, and let me hope also that
we may continue in the same spirit
| throughout the campaign now
pending. | am very earnestly de-
| sirous that you should understand
and appreciate my position.
I am deeply indebted to my cam
paign committee for It's honest;
faithful and splendid service. and
l feel that the attitude it assumes
is a reasonable and a just one.
Aside from this you Will note That
my attorney suggests situation
which may arise in case l join with
you in seeking recount, which
would be fraught with grave con-
sequences to this community. If
you and / consented to a recount,
and such recount should result in
placing your name instead of mine
on the ballot. any third party, for
instance a partisan of George AL
exander, might intervene in an ac-
tion at law and have your name
eliminated from the ballot by at
tacking the legality of the recount
proceedings.
This would result in a condition
very similar to that of the recent
recall election, with practically
only one candidate before the peo-
pie for the highest office in the gift
of this community.
Should such a situation arise l
feel that both you and l would be
severely blamed by the citizens of
WINGED that an overwhelming ma
jority of the people are much more
interested in securing a relief from
the present city administration
than they are in the question as to
whether it should be you or / who
is to- contest the reelection of the
present incumbent. l sincerely
trust. therefore, that you will not
consider it in a spirit of personal
antagonism to you If / feel obliged
to oppose the suggested applica-
tion for a recount of the ballots.
Mr.. Mushet was also sent a copy of
the letter signed by Chairman d. C.
Casselman and Secretary Dudley Rob
inson for the Republican city central
committee, advising their candidate
not to consider any delay, but to pros
ecute his campaign instead. A copy
of e. A. Meserves letter to Mr.. Smith
was alse forwarded for Mr.. Mushet's
consideration.
Doubts Legality of Recount
'I am of the opinion" said Mr. Me-
serve, that an official recount of the
ballots cannot legally be had. There
is no provision for a recount in the
city charter, either by officers of the
city or by the courts, and the general
state law does not seem to provide
for such a contested election proceed
ing. The provisions of the code seem
to provide for the contesting of the
election of parties declared elected to
an Office sand for none other. This is
not an election to an Office, nor have
you been declared elected to an office
There being no charges of official
fraud or other wrongdoing in the late
primary election, I am of the present
opinion that legal recount of the ball
lots cannot be had and your consent
ing to one could result in nothing but
a confirmation of your success or
otherwise in great confusion
The letter outlining the stand taken