New-York tribune., 1918-03-08
Delehanty Wins
From Mcintyre,
Recount Shows
Reversal of About 1900
Votes Already Dis
covered
By BRIGGS

With the recount proceedings in the
Suprene Court only few moro days
TO 20, the Indications arc that cx-
Judge James A. Dclchanty has proved
that he, and not Judge John +. Nc
lntyre. was elected to the Court Of
General Sessions in the election of
1916. For two months the ATTORNEYS
of the contcsting candidates have been
opening ballot boxes and counting
about 275,000 ballots.
Justice Sawyer, of Palmyra. y. Y.
was especially assigned by Governor
Whitman to preside over the special
tern. of the Supreme Court before
which the contest of Mr.. Dclchanty
has been going on.
Judge Mcintyre was elected on the
face of the election returns by several
hundred votes. With the contents of
about twenty more boxes to be counted.
thcrc has been a reversal of about
l,ooo votcs in favor of Mr. Dclehantv.
Inc jury IN the case. which has been
excused during the routine of the two
months tabulating Of votes. has been
summoned to be on hand Monday. and
a verdict may be expected during tho
week. While Justice Sawyer is vested
with power of setting aside a verdict
rendered by the jury, it is not likely
that he viii Interfere with a verdict
based entirely on the one fact that Mr.
Dclehanty has the greater number of
votes.
The DelehantyMcIntyre contest is
one Of the few where a similar nro.
tnJ e.
ohc man elected on the face of the
returns and already occupying office
Judge Mcintyre, who. it is eypected
will be compelled to yield his S175on
a year Office to Mr.. Delehanty. is now
serving his fifteenth month of a fonr.
,ecn-year term. SO far as the acts nj
Judge Mcintyre go, while serving on
'he oench, they will not be assailablc
on the ground of illegality by reason
OF the Judge not having a good tit,o
TO ms office. as the Court Of Auneals
mas decided in other cases that the acts
OF q de facto official are binding.
AS TO the compensation. the situation
is different. Judge Deehanty. havinr
been elected is entitled to the salarS
OF the otlce. This money has boen
paid to Judge Mcintyre. who has beom
uolhg the work. With the reversal Of
.ne erection returns, Judge Mcintyre
WIZ be compelled to turn over tn b;s
opponent the salary Ire has received
"h'le acting as judge dc 1'acto.
Judge Delehan>y, who served savor,,
months IN General Sessions ,nde,. 90, -
polntment from Governor Whitman, to
succeed Judge Swami, when the Iatto,.
retired to become District Attosnev
mas made hard tight to prove ho u,os
eIected. tic was supported bv No
Honest Ballot Association. wbicT ' ."e
tended that there were MANY crrors So;' -,
the countNof the ballots. Before go;nn 40,
on 'he bench. Judge Delchanty was an u,
assistant district attorney under Dis.
trict Attorney Whitman. The Office ~
the Attorney General has aided cow ~
SCI TOT Judge Deiehanty.
Judge Delehanty, although Dono
cfa'' was nominated by the Rcpnh];-
cans and Progressivcs to succeed hir,-
ser. lammany nominated Judge Me-
Intyre. 1t was Judge Dclehantv VIVA
preferred the charges against D;str;n} r3
Attorney Swami, which were sponsorod
by the City Club. and heard he foro -
Feleree appointed by the Governor. and
Whlch were dismissed. Judge McIntvre
IS an old practitioner, q former ass;s~
tant district attorney and non~lar
member OF Iammany Hall 1t is ac-
.ieVed that in case of vacancy on thc
Supreme Court bench for now vow onr
Judge Mcintyre will receive thn nnn'
nation. '''