The sun., 1918-11-23
WHITMAN MEN ASK
SPEED IN RECOUNT
Appellate Justices Stirred by
Hint of Special Session of
State Legislature.
DELAY UNTIL WEDNESDAY
Republicans Obtain Writs to
Show Cause on Monday in
Thirty Counties.

The question o, whether there shon,
ne special session OF tie Leg! lautsn
was injected in the argument before 80
Appellate Division yesterday on al an.
peal from the order OF Justice Phll,,n
putting or the inspection of the ballots
by Gov. Whitman until after the cer,iS-
cate Of election had been issued to Gov.
ernor-elect Smith. At the end OF the
argument counsel on each side received
until Wednesday to submit briefs
On behalf of the Governor orders .o
show cause why mandamuses should no.
be issued to have judicial review Of all
the void ballots were obtained IN each
county in New York city. Word re-
ceived at Republican State headque. tsrg
last night indicated that similar orders
had been obtained in about twenty.
Ave other counties in the state T'h,y
are retrnable Monday.
In his argument before the Appellate
Division Abraham s. Gilbert o. coinse,
for the Governor said that II was OF ~.
greatest importance to have ar immrd
ate inspection of the ballots. He said
that II such an inspe ction should show
that more votes were cast for Gov. Wlct-
man than for Alfred Il. Smith then It
would be possible to go to ths Legisla-
tuTe at once to put some speed into tho
procedure of quo warranto.
I'm that case" he declared, IT should
assume the responsibility of urging an
extra ordinary session Of the Legislature
to amend the code and shorten the tina
that II now takes to complete quo V,.r-
ranto proceedings
little later Abram l. Elkus Of couu-
sci for Mr. Smith spoke of the sinister
threat" of an extra session OF the L-gis-
lature which showed that the Reprhli-
cans wanted to Illustrate the will OF the
people"
Are you prepared 70 stipulate." broke
in Justice Shearn, addressing the Repub-
lican lawyers, that you will not 90 to
the Legislature and ask for power 70
prevent the issuance OF a certificate of
election?'
Quo warranto Speed Wanted.
''Wrhy. we have never thought otfuca
thing" replied Herbert r. Limburc
There is no suggestion OF that at a!
All We want is speed in quo warrant
proceedings
There is no objection TO speed" sad
Justice Shearn, but there is objection
to threat Of going 10 a Republican
lican Governor. Mr. Gilbert made q
threat"
There was no intention to do So
said Mr.. Limburg.
Here Justice Bowling interrupted
How can you justify going to an inter
ested party and asking him to do ouch
thing calling en- extra session.
"He's the only man who can do 1t.
replied Mr. I4imburg. I'VE will have 20
To, NY
way, then possibly another interested
party will have to pass on It,"
What don't like repeated Justice
Shearn. lis this threat TO 60 TO a Re-
publican Legislature for relief"
He also spoke of the point raised BY
Mr. F.lkus that the Republicans in their
applications for mandamuses had asked
for stays 10 prevent the county boards
Of canvassers from certifying to the re-
turrs Although the present stays are
until the argument can be had on
Monday, Mr.. Elkus said he had reasc"
to believe the plan was to get stays
| until all the void and protested ballots
could be reviewed throughout the State
ut might we'll be-" said justice
Shearn. that we would come to IT,
first of January without a certificate g.
election and we would have no Cow
ernor."
In his argument for a speedy iuSH.'-
ton Of the ballots Mr.. Gilbert said lie 'on
confident there should be some uoNr" ~
the court to correct the returns r the
boxes shou!d show that the tally shc...
| were incorrect
Many IrreGularities Alleged.
| "It is not In the interest o. the 10.
! l,c," Mr.. Gilbert declared. "trtt NJ
| Smith should remain Governor C3c lS '
| or one hour longer than is necessa', ~
| 1t should be shown that he did not s.
! plurality Of the ballots. even IL the 60 =
| tIflcate OF election shoufd br issued
| him. There were irregularities in e'e'r
district. In nifty election districts 9"
this city there were no tally shet''
Few OF the tally sheets were kent 'A
| accordance with the law.
I'VE have been blamed for not o~'-
ing fraud. but We have carefully ''-
! Trained from that because We have 20
evidence" he asserted.
| Seeking TO justify his aprNra' "
| for judicial review Of the void ballots
IN Kings county W. +. Youkcr, reg"
sontlng tho Governor, pointed out That
two years aGo in that county there we'5
| only s92 void ballots in the corn'
whereas this year $3.50 had been tdroH9
out on this ground.
made public last night what was i'-
clared 10 be complete set OF plurfat's
| for the State based on the official tl"-
vases. It showed eel. 1928 for Sn 81
and 253,232 for Whitman. a net plural
| ity of S.09l for Smith. The only nn-
| state counties to show plural'tes f-r
Smith were Sullivan. with a. ani
Hamilton. with 81.
The official canvass figures IN X "a
county were made public YESTERDAY
showing a plurality Of 1897 for Sm'h
| Whitman gained % votes over the fs-
ures published the day after elo'',0"
OF the l2o,251 votes received by What
man only 947 were cast under the Ir'.
hibition emblem, a much smaller uu~-
Der than had been counted on a
Governor carried only the Seventeer -
and the Twenty-frst OF tho twerty-.''Ie
Assembly districts.
H~TEF~ FaNd