The sun., 1918-11-12
WHITMAN WILL ASK
COURT FOR RECOUNT
Action Follows Conference Of
Republican Leaders From
Various Sections.
DEMOCRATS REFUSE AID
Smith Objects to Movement as
Involving Needless Ex-
pense for State.

steps were taken yesterday by the Re-
publican organization for an inspection
Of the ballots cast In the recent election
for Governor. At the request Of the State
Committee Gov. whitman; taking ad-
vantage Of a special provision of the law.
retained Herbert r. Limburg and Abram
g. Gilbert as counsel to begin the neces-
sary proceedings.
No changes of fraud are made. but
from reports that have been received
some Of the leaders are inclined to doubt
the accuracy of the tally sheet returns
in certain districts. According to the
tabulation OF the State Committee tho
plurality of Alfred E. Smith, without
the soldier vote. is only 1896 and they
hold that any possibilities Of error should
be Investigated.
II any errors are discovered IN .ths
returns after an i-spection of the bal
lots Il will not be possible to correct tho
official returns. However, II It should
appear that enough errors have been
made to make a change in the result,
a recount can be had through quo war
ranto proceedings. This was the pro-
cedure finally used In the Mcclellan
Heal st recount case. Quo warranto pro-
ceedings are to determine by what right
an officer is holding his place. and can
begin only after he has assumed the
duties Of that office. In this case they
could not be started until after Janu-
airy I.
The canvass Of the returns by the VA
rious county boards begins tomorrow.
Their returns are then canvassed by tho
State Board of Canvassers and upon
their report the certificate OF election Is
.R oNnN
Democrats Not to Aid Move.
Mr.. Gilbert gave the news over the
telephone to Senator JAMES A. Foley.
chairman of the Tammany law commit
tee, late In the afternoon. As soon as
Governor-elect Smith got home from his
Long Island trip in the evening hur-
ried conference was called at the Man
haitian Club. Among those with Mr..
Smith, In addition to Senator Foley,
were Abram I. Ellxus and John Godfrey
SAKE. Later Mr.. Smith made this state
ment:
"All know about the matter In that
the Republican State chairman wrote
letter to the Governor and the Governor
wrote a letter to the Republican State
chairman. Neither of them in his letter
alleges fraud OF any kind, but they both
are agreed that they ought to put the
people of the State and myself to heavy
expense in demonstrating to both OF
them what they already know-that
was elected by 1900. plus the soldier
vote of 10000 more.
Even the Kaiser knew enough to quit
when the returns were against him."
Mr.. Gilbert had hoped that as there
Is no way in which the Democrats can
prevent the inspection. Senator Foley
would agree to a form OF an order to
be signed so that the wori: could be
started at once 1t was decided, how
ever, to concede nothing. This will make
II necessary for Mr.. Gilbert to ask for
an order to show cause why an order
for the inspection should not be issued.
He expects to make his motion to-day
before the Justice sitting In Special Term
for motions and will ask that the order
be made returnable tomorrow
Action Follows Conference.
The decision to ask for an inspection
OF the ballots followed n conference ct
State headquarters. in which Gov. Whit
man took part. In addition to George
A. Glyrn chairman Of the State com
mittee, members of the committee from
various parts of the State and several
others were present. Among them were
William Barnes of Albany. Senator
S. Phillips of Steuben, F. J. II. Kracks,
Samuel S. koenig, William \. Orr. VIII
lam Leary, Emil Fuchs. Mr.. Gilbert and
Mr.. Limburg. Tho latter was one OF
the counsel for Mr.. Hearst In his light
to unseat Mayor Mcclellan.
Later Mr.. Glynn wrote in part as
follows to Mr.. Whitman:
I'VE owe It to the Republican party
and to the people of the State that there
~, El1 tow 81
Chief Executive.
THE vote is so close and so many
people are unconvinced as to the accu-
racy of the reported result that we feel
II our duty to ask you 10 make appliCa-
ton, under section 314 OF the Election
law, for an examination Of the ballots
cast for the office of Governor. This law
as amended several years ago provides
as follows:
"'Any candidate shall be entitled as
OF RICH, to an examination In pei son or
by authorized agents Of any ballots upon
which his name lawfully appeared as
that OF a candidate but the court shall
prescribe such conditions as of notice
to other candidates or otherwise as II
shall deem necessary and proper
The official canvass will not be com
pleted for some six weeks The people
of this State should not be left in un-
certainty as " INC lcSull lllAb
period OF time.
I'VE are advised that examination Of
ballots under the statute quoted can be
completed speedily. Upon the compie-
ton of this reexamination there should
be no doubt as TO the result"
WhitmRn's Reply 10 GIynn.
Later In the afternoon Gov. Whit
man sent this reply to Chairman Glynn:
THE Republican state committee has
asked me, as candidate, to apply for
an inspection OF the ballots cast In the
receht election, on the ground that the
present returns show an apparent plu-
rality for Mr.. Smith OF only about 1000
votes In an entire vote OF approximately
100000
The section OF the law to which you
call my attention was amended In 1916
by the inclusion of the language quoted
by YOU. The purpose of this amendment
WAS TO remove any doubt or uncertainty
that might exist in the public mind as TO
the result OF an election where tie an
nounced result was close
I'm such large vote the possibility OF
mistakes is apparent. particularly In
view OF the somewhat complicated ma
ture of the ballot and OK the new system
of canvassing which was In effect for
the. first time this year.
II feel, therefore. that l am bound to
disregard my perSDnal inClinatiOns