The sun. [volume] (New York [N.Y.]) 1916-1920, 1917-09-26
BENNETT GAINS
S6;; LONG COURT
FIGHT FORECAST
Many Ballots Bear Erasures
or Too Many Crosses,
Recount Shows.
WORK WILL TAKE WEEK
Legal Battle for Nomination
Seems Sure-Gary Unions
Defend School System.

The first days examination Of the
ballots cast in the recent Republican
primary for John Purroy Mitchell and
William NJ. Bennett brought TO light yes
terday a situation which may require a
long legal battle to decide which of the
two candidates is entitled to the nomina-
ton.
While no official figures were available
an unofIicial recapitulation Of the re-
suits Of the examination in the nrst
four Assembly districts at midnight last
night showed q gain for Mr.. Bennett Of
s6 votes. He gained Is In the First
Assembly district, 10 In the Second. IL
In the Third and in the Fourth. while
Mitchell lost 10 in the First district, ls
In the Second. II in the Third and 2
In the Fourth.
The evolved situation created by the
examination rests In the great number
Of so-called void ballots. ballots upon
which X marks have been erased, or
upon which the voter puts an X before
the names Of more than the required
number Of candidates.
Under the election law these viola
tons void the ballot. However, there
were those who contended yesterday
that 1t is possible that the Supreme
Court. in considering these ballots, may
take into consideration the intent Of tho
voter. as was done in the recount Of the
Hearst-McClellan ballots some years
aso.
Tho proceedings now under way will
not change the official vote announced
yesterday by the Board Of . Elections.
which gives Mr.. Mitchell a majority Of
05 in the greater city. 1t merely will
brnish grounds, n there be any. for
Mr.. Bennett or Mr.. Mitchell to petition
the Supreme Court for a recount or to
declare void ballots with erasure marks
or more x marks than are necessary.
Recoarse to Courts Seems Certain.
That there will be recourse to the
Supreme Court. under section 56 Of the
election law. for q recount or q review
Of the so-called void ballots cast there
appears no doubt In view Of the errors
found yesterday. Taking the nrst. two
Assembly districts in Manhattan the
count. as compared to the official tabula-
ton Of the Board Of Elections. showed a
gain for Mr.. Bennett Of about go votes.
But numerous ballots were found where
a cross mark had been first made for
Bennett, then erased and a mark put
In the square opposite the Mayors name.
Several were also found where the same
procedure was reversed. But there were
moro erasures. or what appeared to be
erasures, In front Of Mr.. Benefits name
than in front Of the Mayors name.
In addition to this irregularity 1t was
found that about one ballot in every
four contained too many crosses. In
this respect the name Of ]. Logan
Campbell who ran for City Court Judge
as an independent. may change tho en-
nvv,, 4y.x.
City Court Justice candidates to be
nominated. but Campbelrs name. ap-
pearing as the sixth one on the ballot,
threw hundreds Of voters of and In
numerous instances a cross went against
every one Of the six candidates. A
number Of erasures IN from: Of Camp
bells name also appear. indicating. ac-
eording to some. that after the voter
had voted for the entire Elk he had DIS
ooved his mistake and endeavored to
erase the sixth cross.
Nearly all the ballots examined yes
terday on which mistakes appeared OPP
posite the name Of Mr.. Campbell were
cast for Mr. Mitchell, and In the event the
court should hold. as II has In practi-
cally every other such case. that this ir-
regularity makes the ballot void there
appears to he no doubt that Mr.. Mitchell
will be courted out because of the igno-
rance of the Republican voters In plac-
Ing an X mark In front OF Campbeirs
name.
On the other hand. II was suggested
that tn, Supreme Court could hardly de-
eide whether more voters cast their bal
lots for Mitchell or Bennett by thro wing
out hundreds Of Mitchell votes because
Of mistake in voting for a minor can
didate.
Will speed Up Recount.
The examination was continued all
last night To-day a number Of extra
clerks will be put on and from four to
ten districts will be examined at once.
BY this method It is hoped to finish the
examination within a week.
AS the examination proceeded, II be-
came apparent that there would un-
doubtedly be large gain for Bennett In
Manhattan. and that there would be
hundreds Of probable void ballots. But
the Mitchell people cautioned delay in
passing judgment. and asserted that
when the ballots for Brooklyn are ex-
amined hundreds and hundreds Of void
Bennett ballots will be discovered.
But whether the examination and SUBJ
sequent court action makes Mr.. Bennett
the regular Republican candidate or not
the Republican fusion leaders are not
going to be caught mapping. They are
already preparing petitions to place Mr..
Mitchell in nomination as an independ-
ent.
The City Democracy. which was or
sanized early In the campaign to corral
an the Independent Democrats for the
FUSION cause and incidentally to try to
crush Tammany Hall and become the
dominant Democratic organization in the
city, yesterday changed its name to the
City party. and adopted a rooster as it's
emblem. This action was taken when
The new party filed its petition placing
IN nomination. under the rooster. all the
candidates of the fusion ticket. including
me Mayor So no matter what occurs
the Mayor is sure to appear on the
ballot
The Board OF Elections yesterday
made public the final Official figures for
Mitchell and Bennett in the Republican
primary for the entire city. They
we're as follows:
Bennett. Mitchell
manhattan. n............ 1905 1S.lll
DohA. 1900 '.'''''''.. S,SIS xb02