New-York tribune., 1918-11-23
Attorney for Governor
Hints at Special Session to
Change State Code
Might Leave Chair
At Albany Vacant
Preliminary Order for In
spection Of Void Ballots
is Given Republicans

Governor Whitman's efforts to OBJ
tain an investigation Of the ballots
in the boxes in the counties of New
York and The Bronx took sensational
turn in the Appellate Division yester-
Gay when his counsel, Abraham S. Gil
bert, said that if an examination of
ballots disclosed fragrant irregulari-
ties he would advise the Governor TO
call a special session Of the Legis-
lature before January to amend the
code so as to shorten the quo warranto
proceeding which may then be brought
Herbert K. Limburg alluded to the
same possibility, which aroused great
interest on the part of Justice Shearn,
who was on the bench with Justices
Dcwling, Smith Merrill and Clarke, the
latter presiding.
Judge Questions Course
DO you intend TO 60 to the Legia-
lsture TO get special legislation to pre-
vent the issuance of a certificate Of
election TO the candidate who may APP
near. on the returns of the Board of
canvassers, to be the successful one ?"
Justice Shearn asked.
Mr. Limburg said that that might be
The results OF the inspection, appeared
TO be warranted.
"How do you Justify yourself in the
idea of going before an interested party
and asking him to do such an extraordi
nary thing as to convene an extra ses-
sion in his own behalf?" asked Justice
Shearn.
Mr. Limburg replied that it might be
ust TO do that rather than to have an
incumbent who had not been elected
hold Office for two years.
an other Words interiected JUS
sice Bowling, "you are simply going to
give an intereste party the opportu-
nifty to pass upon the question of the
election Wouldn't 1t be possible, if
YOUR motion was granted, for the state
to' have no Governor III the chair on
January 1. With resulting chaos as to
executive authority?'
eve haven't thought Of such a
thing said Mr.. Llmburg.
~ Delay Certificate
"N ell" continued Justice Dowling
MIR Gilbert has suggested convening
.hc boards of election again to certify
20 returns other than those already
certified by them
"If necessary to secure justice Mr..
Limhurg remarked.
see what Governor Whitman's attor-
aeys were aiming at unless it was Il
stay in the issuance of an election Ger
tifcate.
MIR. Limburg said that if it should
appear that Governor Whitman had re
ceived 5000 or 1000 more votes than
Mr.. Smith the latter would be the first
person to wish to see his opponent re-
seated 1t might even fall to his lot
TO convene an extra session to right
things, the attorney said.
Mr.. Limburg said that it seemed
quite possible that quo warranto pro
ceedings would have to be resorted to
in the present Governors behalf. JUS
tice Edgar S. X Merrill, now sitting
by assignment from up state, asked
whether the attorney thought it a good
plan to aim at speed in quo warranto
proceedings.
Il think it very good and necessary
thing in the interest of duly elected
candidate who is excluded from Office,
said Mr. Limburg "On the other hand
a candidate, not elected, yet holding
office, might find it to his interest te
delay such proceedings and TO hav,
them drawn out as long as possible
Abram I. Elkus, OF counsel for Mr.
Smith, received reproof when he sug
gested that it was to be hoped that ths
court would not "lend itself" to accedt
70 the request of the opposing counsel
The attorneys were given unit
Wednesday next to file their papers BY
Justice Clarke.
Earlier in the proceeding Mr.. Gil
bert, f6r Governor Whitman, said tha
the percentage Of errors made by The
election officers was such that in hardl!
/ per cent of the election districts o
the city were tally sheets kept accord
ing to law. ln,6fty election districts il
this county, he said, the tally sheet:
we're not filled in at all. Mr.. Gilber
declared the right to an imme diate in
spection was provided by law, and tina
1t was a right essential to prevention
OF fraud. ballot box stuffing and error
on she part of the election officials.
Order Is Issued
In the morning Supreme Court Jus
tice Gavegan issued an order to shov
cause why writ OF mandamus shoul,
not be issued to compel the examina
h ton OF protested ballots. The orde
WAS issued on the application of Nj
VI Limburg, Governor Whitman's counsel
y In the evening, according to state
nent sent out by John G. SAKE, coun
sci for Mr.. Smith, Justice Gavegal
vacated the injunction containing hi
order, on the grounds that such
temporary injunction was unauthorize,
in the cases. Whitman's counsel ha
asked for such an order in every Judi
cal district In the state and one wa
issued by Justice Callaghan in Queens
The official canvass in Kings Count,
SHOWS that Smith carried the county b
plurality of n 997 over Governo
Whitman. Smiths pluarlity was tn
idrgegt ever given q candidate in Kio,,