New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-20
ACCUSE ELECTIONS BOARD
HEAD Of TAMMANY DEAL
FuSionistS Assert Britt With
held Nominating Certificates
from inspection.
WHITMAN TAKES UP CASE
Head of Republican Law Com
mittee and independence
League Man Charge Sc
rious Misdemeanor.

Complaint of a violation Of the cleo
ton law by President ]. Gabriel Britt
of the Board of Elections was filed with
District Attorney Whitman yesterday by
Abraham s Gilbert, Of the law commit
tee of the Republican County Commit
tee. William A. De Ford. who is In
charge OF the elections fraud bureau OF
the District Attorneys office. Will begin
the investigation to-day before Magls-
trate Appleton in the library Of the Dis
trict Attorneys office.
II is alleged that Britt was responsible
for the Withholding of certificates Of
the nominations on the Democratic coun-
" ticket for the coming election when
representatives, of the independence
League and the Republican organization
sought TO inspect them last Friday night
during the last hours Of the time speci-
fed by the law within which the GER
tifcates could be filed
The purpose of the hearing before
Magistrate Appleton to-day will be to
determine if the facts warrant bringing
Britt into court to face a misdemeanor
charge, punishable upon conviction by
year in prison or $500 fine, or both.
Should Magistrate Appleton decide such
a course is proper Britt probably will
be summoned TO court by telephone, be-
cause Of his official position. In the
event OF his failure to respond Mr..
Whitman is authority for the statement
that a warrant will be issued fer him.
Mr. Gilbert said that he. as a repre-
sentative of the Republican County Com
mittee. and l.. j. OReilly, representing
the Independence League. waited at the
Office OF the Board of Elections until
midnight on Friday to inspect the
Democratic nomination certificates When
a request was made To the record clerk
for the certificates both Mr. Gilbert and
Mr.. OReilly were informed that they
had not been filed They asked to see
President Britt, who was in his private
office, and were informed that he could
not be seen. A last request to see the
certificates was made within few min
utes of 70 o'clock, with no more salts
faction than before.
Finally at twenty five minutes after
midnight Britt emerged from his private
office. and turned over TO the waiting
ones the package OF certificates. which
he had had in his room. An indorse-
ment on the back purported TO show
that they had been filed at 1l:4f.
Britt was asked by what right he had
been secreting public documents which
under the law should have been avail
! ignored the suggestion that he had been
doing anything Illegal
1t is understood that the hearing to-
day WI develop evidence to the effect
that Secretary Thomas F. Smith Of
Tammany Hall delivered the certificates
to Britt in his private office. afterward
lettering in the outside office to give the
impression that he had not yet filed them
In this way it was planned so il is
alleged, b throw the fusion representa-
tivcs off their guard and force the filing
Of the certificates of nomination on the
fusion county ticket without an oppor-
tunity for first examining the Tammany
certificates. The ruse. if such il was.
! succeeded and the hearing to-day will
| show whether or not there is any ground
for the charge that the president Of the
Board Of Elections was a party to it.
Il have placed the matter in the hands
Of the District Attorney" said Mr.. Gill
bert last night and I understand that
if the circumstances justify such a
course Mr.. Britt will be brought into
court to explain his action. Sections
127 and POS Of the election law provide
that all papers on file with the board
shall be open for public inspection as
soon as obey are filed
Section $50 Of the penal law defines
as a misdemeanor the suppression of
public document by a public official.
Section 763 makes an official who fails
to perform or refuses to perform certain
duties guilty of a misdemeanor"