The sun., 1918-11-21
WHITMAN MEETS
7. SETBACK IN COURT
\ Philbin Decides Against In
spection Of Ballots Until
Canvass Is Complete.
MEANS PROLONGED FIGHT
New Law May Be Sought to
Bring Contest to Quick
Decision.

Gov. whitman won and lost yesterday
when Justice Philbin in the Supreme
Court handed down his decision In the
application for an order for the lnspec-
tion OF the ballots cast In New York
county and The Bronx for Governor in
the recent election.
The Governor got hfs order. but the
Justice stipulated that the inspection
should not begin until after the State
Board Of Canvassers has completed the
official canvass and the Secretary OF
State has issued a certificate Of election.
As Alfred e. Smith has a civilian plu-
r4lity Of about 5000. TO which will be
added, his friends say, more than 5000
In the soldier vote, he will get the certi-
fllate OF election. and the only remedy
LIFT to the Governor will be quo war
rslnto proceedings These might easily
be dragged out until after the Gov.
ernor's term had expired.
Immediately after the filing of Justice
Philbin's order to-day Abraham S. Gil
bhrt OF counse. for the Governor will
strve notice OF appeal II will be argued
II the Appellate Division tomorrow
The decision OF this court will be ANAL
Mr.. Gilbert expects to win. ,
May Seek to Amend Law.
iGov. Whitman before he left Albany
fdr Columbus last night to speak at the
International conference of the Anti
saloon League refused to comment on
tie Philbin decision.
( III the order stands as made Gov.
Whitman will be unable to see the bal
ldts until after the first OF the year. The
soldier vote viii not be counted by tho
local boards until after December 10.
.1u hot sc
tie returns and after this the State
Hoard of Canvassers has to compile
the county returns. At the ONCE OF the
Secretary OF State Il was said last night
that the certificate OF election could not
b issued In all probability until Deem
bkr 80.
Mr.. Gilbert said last night he was
dfawing bill TO amend the code of civil
procedure so II would be impossible for
tie defendant in quo warranto proceed
i1Bs to drag the case out. At present he
cpuld stave of fling an answer until
we'll into SUMMER, and then II would be
Impossible to get before a term of court
Until fall. Mr.. Gilbert would have the
procedure so amended that II would be
possible to start recount within two
months after an official had been seated.
There was a suggestion last night that a
special session of the Legislature might
b called to pass such an amendment In
Order that QUO warranto proceedings
might be hurried along Immediately
after January /.
Places Hope in Void Ballots.
Papers are being prepared by counsel
FOR Gov. Whitman for applications In
every county in the State for a recan-
vhss Of the void ballots This action Is
taken under the impression that hun
dfeds, possibly thousands OF ballots,
were declared void because the voter
had put a cross in both the Republican
ana the Prohibition squares next TO Gov,
Whitman S name. The law states that
such ballots shall be counted as one vote
for the candidate
Stating his reason for postponing the
Inspection OF the ballots until after O
certificate OF election has been ISSUED
Justice Philbln declared II was to pre-
VENT the handling OF the ballots toe
many times The miscellaneous handling
OF ballots gave opportunity for fraud.
at is therefore the obvious duty 0.
the court" he declared, ''in granting
such an order to do so under such cir
ciimtsances as will be likely to avoit
further examinations made upon similar
applications. 1t would seem that az
examination OF the ballots made before