New-York tribune., 1918-11-08
Contest Likely if Returns
From Army and Navy
Favor Smith
Governor Confers
With Counsel Here
Republicans Claim Valid
Ballots Were Counted
Out as Void

~"'-N~
ayers are claiming that his elecNoh
as Governor is an assured fact, ana
that nothing can upset 1t, Governor
Whitman and the managers OF his
campaign still cling to the hope that
when the ballots are officially counted
and the soldier vote is tabulated 1t
will show he has been reelected.
They are preparing. it is said, to con-
test the election if the final vote is in
Smiths favor.
With only six Of the 1929 election
districts OF the state missing, the
,ote is:
Smith .........,...-. Ss9'ziI
Whitman ................ 97S.l4S
Smiths plurality ll,oo4
This is q reduction of more than
1000 over Smiths plurality in We'd
nesday's returns.
Several incidents yesterday indi-
Gated that Governor Whitman may de-
mand recount if the soldier vote,
which will not be canvassed until De-
cember 10. shows that Smith is victor.
Dispute Over "void" Ballots
Most significant of these was the
order issued by Republican State
Headquarters to all official canvassers
upstate to watch for ballots in which
two cross marks were made beside
Governor Whitman's name-one in the
Republican box and the other in the
square beside the Prohibition emblem
This order was issued following re-
ports from Wayne. Yates and other
counties that ballots so marked had
been counted out as void.
The Republicans hold that these bal
lots were net void. and should have
been credited to Governor Whitman.
The second significant incident was
the summoning of Police Commission
err Enright to Governor Whitman's
apartment just before the Governor
left for Albany yesterday afternoon:
The Governor warned the Police
Commissioner to exercise the most dill
igent care in protecting the ballot
boxes in greater New York, where
Smith pollcd, according to the final re-
turns, plurality of 65,661.
Governor and Counsel Confer
This record breaking plurality was
nearly 100000 in excess Of what Tam
many expected to get in the city. and
pressed the belief that something was
wrong either in the tabulating or else
where.
The third incident supporting ths
belief that the Governor will demand {
recount was the fact that his persona
COUNSEL William Chilvers. was witt
him all day yesterday and accompanied
him to Albany.
Democrats are sitting tight anc
claiming the election. That they fear
Tuesdays results may be submitted tx
the courts and are preparing fol-
eventuaitics was indicated by the hur
ried gathering Of Tammany's legal eX
perte at midnight of Election Day fol
conference at the Hotel Biltmore.
Chief among the Tammany election
law experts were Senators Robert F
Wagner, James j. Foley, James j. Walk
er and ex-senator John Godfrey SAKE
The last named is regarded as the
foremost election law expert in Demo
treatise on the complicated ballot bo,
statutes.
Contest Seems Certain
No one would talk publicly about
possible court contest, but in private
conversation some of Governor Whit
mans friends were not averse to say
ing that one was certain.
Following conference at Republican
State Committee headquarters yester
day, which was attended by Governo'
Whitman; William A. Orr. his secre
tary; William Chilvers, his persona
counsel, and George A. Glynn, the Re
publican state chairman, the latte
said
~ do not concede that Alfred f
Smith has been elected. We will hav
TO wait until the official canvass il
made and the soldier vote counted"
Boards of canvassers will meet i
the various counties Tuesday. Report
from upstate to Republican headquar
ters yesterday gave rise to the belle
that Edward Schoeneck may be re
elected Lieutenant Governor.
Claim Remainder of Ticket
The remainder of the state ticke
Republicans declare, has been elected
The Democratic State Committee, how
ever, announced that it was not ye
ready to concede this.
j. A. Kellogg, Democratic state chair
man, said that the official canvass G
the vote in upstate districts will b
watched carefully on Tuesday He ha
hopes that the final figures will hel
thv Democratic nominees for Contro
Ter, Attorney General, State Treasure
Secretary of State and State EnPlnee
and Surveyor, who, on the present ir
complete returns, appear to be d,
feated.
All the Democratic leaders clail
{hat the soldier vote will swell Smith
plurality to 90 600.
at is now only question of the siz
Of the plurality" was Smiths CONNER
before leaving Democratic state heac
quarters at Syracuse last night I
return to this city.