New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-26
BALLOT HELD UP
HEARST APPEALS TO
THE COURT.
Says Gaynor's Name appears
Illegally Under Indepen-
dence League Emblem.

At the close of 4 disorderly session of
Part 4. Special Term of the Supreme
Court, held specially last night to con-
slider election contests. Justice Gerard
ordered the firm of Martin b Brown &
Co. to halt the printing of the official
ballots until the. court could consider
this morning a motion made by counsel
for William r. Hearst and the Civic
Alliance for an injunction directing the
Board of Elections to take the Tammany
ticket. headed by William ]. Gaynor. ou5
of the Independence League column. The
order for the printing of the ballots had
been given by John T. Dooling, president
OF the Board of Elections, and the print
ers awaited only a favorable decision of
the court to begin the work last night.
The order followed a long argument
by Clarence ]. Shearn. who said that
there had been no legal nomination by
the Independence League. He said the
petition filed at the Board of Elections
was "the rankest kind of fraud" He
added that the board had due notice from
the Hearst followers of the protest
against the use by the Usurpers of the
emblem and name of the independence
League.
Justice Gerard refused to act on the
motion for an injunction last night be-
cause Mr.. Gaynor. Mr.. Moore and Mr..
Calvin. the candidates who would be af-
fected by the decision. had not been noti-
fed of the proceedings. The Court gave
Mr.. Shearn until this morning to serve
them with notice.
Justice Gerard also asked Mr. Shearn
and Mr.. Hahlo, of the Corporation Coun-
sells office. who appeared for the Board
of Elections, to have in court to-day
fifty witnesses each for examination on
the charges of fraud.
Mr.. Shearn, to bring out the point that
the Tammany men could have no right
to the Independence League. showed he
power of Mr. Hearst over his party in
that he had the sole authority to issue
calls for conventions and TO designate
their chairmen. He said that James
Kerrigan, of Tammany Hall. aided by
one Regan and another. ran the fraudu-
lent Independence League convention.
and declared that the certificate thew
fled was false and fraudulent. He also
*
the result OF the theft of the Hearst
party. The Hearst lawyer said that he
had afidavits of 179 men, constituting
more than majority of the $40 dele
gates who were supposed TO have taken
part In the convention. who swore that
they were not there.
us it possible" Mr. Shearn asked
that Mr.. Dooling-if it was Mr.. Dooling
could cause the ballots to be printed
secretly with fraudulent nominations on
them?"
But Justice Gerard decided that Mr..
Gaynor and his collea CUES had right
TO be heard before an injunction was
issued. agreeing. however. 10 halt the
printing of the ballots He so ordered
Mr.. Valentine. of the firm of Martin 3.
Brown & Co. instructing him TO make
two plates. one headed by Mr. Gaynor
and the other by Mr.. Hearst. TO faciIi-
tate the work of getting out the ballots
when the courts decision was rendered.
Mr.. Valentine showed much concern
over the ruling OF Justice Gerard. saving
that the pressmen were then waiting
for orders to go ahead with the work.
His firm. he said. had received orders
that they considered entirely legal. and
that. as Martin B. Brown & Co. had a
contract to have the ballots printed in
time and were under a $4,000 bond. the
firm was placed in serious position.
Who will pay us?" Mr.. Valentine
asked the Court.
Il guess the city will have to pay"
renIied JustiCa Garard pu4 a,-o~ ~.
representative of the official printer did
not seem TO think much of the city's
credit. for he said
I'VE have had a hard time on previous
occasions in collecting from the city"
Mr.. Valentine was compelled. however.
10 accept the ruling of the Court, al
though he did so reluctantly.