New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-26

the ballots, the lawyers and election
officials pointed out that the present
task was merely an inspection OF the
ballots for the purpose OF discovering
fraud or other grounds for applying
10 the court for recount. While the
ballots were tabulated and counted
during the inspection, it has no direct
effect upon the official returns as an
nounced yesterday. Abraham 5. Gill
bert represented Mayor Mitchell as
counsel, and Hamilton c. McInnes was
present for Mr. Bennett, Mr.. Ben
nett himself was on hand as watcher
some of the time. Mayor Mitchell did
not appear.
Many Defective Ballots
Many apparently defective ballots
which had been voted were found
among those in the first few Assembly
districts inspected. Particularly was
this true of the districts in the lower
part OF the city. In many cases the
voter, presumably, had placed his
mark before both the names Of Bennett
and Mitchell and then erased one mark.
These erasures, if sufficient TO invali-
date q ballot, indicated a material
gain for Bennett. Many more marks
had been erased before Benefits
3
before the name Of Mitchell.
The Bennett representatives, on this
account, claimed large gains, while, in
fact. they were merely indicative Of
gains, provided the court should de-
clare the ballots void in an official re-
count.
The Mitchell representatives con-
tended that such erasures were due
largely 10 the ignorance OF the voters
in certain districts, who marked Ben
nett's name because il was first on the
ballot. and discovered their mistake
afterward and changed it. They de-
clared that the court. in interpreting
the election law, would look more 70
the intent of the voter than TO the fact
that he had made an erasure. They
also expected equally as large gains
for the Mayor in other parts of the
city.
Section Sc of the election law, under
the title of Intent of Voters defines
a void ballot. Among other things.
the law says a ballot is void upon
which there shall be found any erasure
of any printed device. figure. letter or
word. or of any name or marx writ
ten thereon. by such voter"
/ The question arose as to whether
/ this erasure would not invalidate the
whole ballot. If il was so held, IT
would probably mean hundreds. If not
/ thousands. of votes lost to Mayor
Mitchell in Manhattan, as there were
MANY more Mitchell votes in this Dor
ough than votes for Bennett. SUCH a
ruling would accrue largely in Ben
nett's favor in Brooklyn, where he re-
ceived a much larger vote than the
] ,,sha "
Court justices 70 be voted for. The
Bennett forces were expected to make
this contention.
At ! o'clock this morning the Sd and
4th Assembly districts were competed
and the following figures made Pubic:
/ A. u. 9.
! 1-Bennett gained ................'.''' J.,
! Mitchell lost. NEUTRALITY-SUSPICIOUS.. ~
Increase in Benefits vote .........'' -
I Bennett gained ................'''' !,
! Mitchell lost. .'...'''''''' =,
. Increase in BENEFITS vote .........''' =
/ S-Bennett gained ................'''''
Mitchell lost .............,...' .''''' ~
! Increase in Benefits vote ............ Z,
/ 4-Bennett gained ...........'.'.''.'''
Mitchell lost. .............,..' '''''''
Increase in Benefits vote. ....'.'''.' d
/ II was noticeable that in twelve OF
/ the thirteen election districts in the "a
Assembly District, where Bennett IN
/ his previous statements had animated
( fraud because he had not received one
vote. the new tallies showed no chahge
from that situation. Inc olggesV gam
/ for Bennett up 70 late hour last nlgh'
was in the 18th Election District oil the
/ Cd Assembly District, where 1t ,ap-
peared there were seven votes lot MN
/ instead of three, originally credited
and twenty-five for Mayor Mitchell IN,
stead of twenty eight, which the oinclai
figures gave the Mayor, d net gain OF
ten votes by Bennett.
In one district no ballots were found
/ in the ballot box. and in another only
the Socialist vote was found. The
election inspectors declared, however,
that this was not indicative Of irreg-
uIarity. as a mistake had probably been
made in placing the wrong votes IN
the Republican box, and the missing
votes would be found in other boxes.
[ Most of the erasures before Ben
rett,s name were found in the I'd As
sembly District In the 9th Election
District of this Assembly district,
where no ballots were credited 10 Ben
nett and thirty-three TO Mayor Nit
chel. it was found that twelve Of the
ballots had been crossed before Ben
nett's name, but that these had been
erased. In one or two instances the
erasure had been so hard that hole
1 appeared in the ballot.
Hope to Finish Count in Five Days
/ The inspection is being conducted in
| rotation, beginning with the LIST Flee
! ton District in the LIST Assembly DIS
trict. and continuing until all the dis
tricts in Manhattan have been eX-
hausted. after which the ballots in The
/ Bronx, Brooklyn, Queens and Richmond
will be examined Counsel for both
sides announced last night that they
( would apply TO the court for an
amended order to-day TO allow the
opening and inspection of several bal
lot boxes simultaneously in order 70
save time. In this way, II WAS said. the
| inspection of the ballots might be
finished in four or five days.
Taking the rooster as their emblem
and changing the name to City Party
, the City Democracy, organized as the
Democratic branch of the Fusion Com
mittee of 1917. and filed its petition yes
/ terday for city and county offices with
the Board of Elections. The nominees
T OF the ne" party are lne same Us 'He
Republican-Fusion nominees.
Magistrate Joseph f. Corrigan filed
his nomination petitions for independ-
ent candidate for District Attorney
with the Board of Elections yesterday.
1t was announced that Corrigan had
about 10000 names on his petitions
hut only 500 appeared on those filed
the number required by Law.