New-York tribune., 1918-11-28
Recanvass of Void
Brooklyn Ballots
Ordered by Court
Justice Callaghan Grants
Writ Of Mandamus Asked
by Governors Counsel

Justice Callaghan, sitting in the
Queens County Supreme Court, yester-
day granted the motion for writ of
mandamus asked for by Counsel for
Governor Whitman to compel the re-
canvass Of the void and defective ball
lots cast at the last election.
IL am in favor of granting this mo-
tion in the interest Of honest cleo
tions," said Justice Callaghan. "No
candidates interests can be jeopardized
| direct that the inspection Of the bal
lots take Ilace before me in Part V of
the Supreme Court in Brooklyn on next
Monday"
The Governor was represented by
Edgar +. Hazleton, while Philip Frank
appeared in behalf of Alfred L. Smith
and opposed the granting of the mo-
ton. There are 1897 of the so-called
void and defective ballots in Queens,
and it is understood that most of them
were intended to be votes for Governor
Whitman
Herbert R. Limburg, of counsel for
Governor Whitman, yesterday sent
letter to Justice John Proctor Clarke,
OF the Appellate Division of the 1st
District, refuting portions of an al
legged newspaper report of the argu
ment had before the Appellate Division
last Friday, representing Mr.. Limburg
as saying that special session of the
Legislature might be called to prevent
the issuance of certificate of election
! to the Governor elect.
No Such Suggestion
"There has been at no time any
suggestion which would prevent the
issuance Of certificate of election" :"
said Mr.. Limburg yesterday. "The
only suggestion of legislation has
been to amend the code Of civil pro-
cedure SO that the trial of an action
OF quo warranto could be concluded
before the term of Office expired"
Messrs. Limburg, Gilbert and Fuchs,
for the Governor, and Abram l. Ell
kus, for Alfred E. Smith, yesterday
submitted briefs on the appeal from
parts of the order of Justice Philbin,
who, while granting the application Of
the Governor for an examination Of
the ballots in New York and The
Bronx, ordered that such examination
should not commence until the day
after the issuance Of the certificate Of
erection by the Secretary Of State.
| ~'A~ ~ iS4 III Dcildll VI LHc governor
says that he is entitled to examine
the ballots as matter Of right; that
there are substantial reasons for per
mlttlng the examination to commence
forthwith; that there are no valid
reasons for postponing such examina-
tlon until after the issuance of the
certlficate of election; that in the
Delehany-Mclntyre quo warranto case
the trial was not terminated until six
teen months after Mcintyre had as
sumed his seat upon the bench; that
the term Of the Governor is only two
years.
Should Not Be DELAYED
"Whether the trial of quo warranto
action can be completed within two
years or not, it should not be DELAYED
Tor single day" says the Governors
counsel. III Mr.. Smith were to occupv
the office to which Mr.. Whitman had
been elected, every day, every hour.
every minute that he held on to The
, once would be an addd injury. If
Mr. Whitman could lawfully unseat
Mr.. Smith by quo warranto proceed
lngs, he is entitled to have nothing
done which Will unnecessarily delay the
trlal and judgment single minute"
decision is expected from the Ap
rellate Division tomorrow, but il NAV
OF come until later
Practically the same points. are be-
fore the APPELLATE Division in Brook
lyn, appealing from decision by Jus
tlce Fawcett.