New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-23
Mitchell Gets
Court Order
For Recount
Mayor Arraigns Bennett for
"Unsustained Charges
of Fraud

Mayor Hltcnei ROI hheau Va wa
lam NJ Bennett last night by obtaining
an order from the Supreme Court Tor
recount of the votes cast in the Re-
publican primaries.
Bennett had been talking about de-
mandng recount for several days,
but had taken no action. The Mayor
issued a statement in which he severe
ly arraigned Bennett, and declared
that he was making unsustained charges
of fraud IAN apparent justification for
an independent candidacy in the interest
Of Tammany Hall"
Mayor Mitchell and the Fusion Com
mittee of 1917, through A. S. Gilbert,
chairman Of the law committee. OBJ
tanned an order last night from Justice
Joseph f. Newburger, requiring the
Board of Elections and William NJ. Ben
nett to show cause on Monday morning
whv an order should not be made per-
mitting the candidates to have an I'M
mediate inspection of the ballots.
Statement by Mayor
The MAYORS statement follows:
al do not propose to permit Mr.. BEN
nett to make unsustained charges OF
fraud in the primary election an ap-
parent justification for an independent
candidacy in the interest OF Tsmmany
Hall.
"Mr. Bennett has charged fraud IN
the primary returns, without making
any effort to prove it. II fraud has been
committed. no one is more interested
than | am in establishing that fact. /
would not accept either nomination or
election upon the basis of fraudulent
count or an illegal vote.
"As Mr.. Bennett has not seen mt to
take any steps to test the truth Of his
charge. / consider il my duty TO myself
and to the people of the city 70 institute
proceedings to test the honesty OF the
primary election and the count OF the
votes. Accordingly, | have secured an
order 10 show cause, returnabie on
Monday morning, in proceeding for a
thorough inspection Of the ballots cast
in the Republican primary"
The proceeding instituted by the
Mayor is under Section SO of the Elec-
ton Law. 1t provides, among other
things, that in the case of contested
nomination for Office any candidate
shall be entitled, as of right, to an
examination in person, or by author
lied agents, OF any primary ballots
upon which his name lawfully appeared
as that of a candidate; under condi-
tions to be prescribed by the court" b"
Bennett Failed 10 Invoke Law
This provision vas put into the cleo
ton law so that defeated candidate
could Immediately look at the ballots
and satisfy himself as to the results
ard whether or not fraud had been
committed. Mr.. Bennett had failed to
avail himself of this law, although he
has been charging fraud and errors
since Thursday. When the matter
comes up for argument before JUS
tice OF the Supreme Court, in Part /.
Special Term. Monday, the court will
undoubtedly direct that all the Repub-
lican primary ballots be forthwith pro-
duced and opened up for the inspection
of Mr.. Bennett and Mayor Mitchell.
In his petition TO the court, the
Mayor pointed out that the unofficial
returns, as tabulated by a news asso-
Ciation, gave him the small majority of
525. He referred to the mistake made
in transmitting the returns which cut
his majority down from 1,l35 to sos.
He declared that Mr.. Bennett. ever
since, has been publicly asserting that
many other mistakes had occurred in
the count, and that fraud had been
committed in many of the election dis
tricts of the city, which Bennett al
legged would change the result, as pub
l!shed. The Mayor declared that "a
correct determination Of the result Of
TIE election was of the greatest public
importance"