New-York tribune., 1919-09-05
Defeated Candidate Begins
Civil and Criminal Ac-
ton, Contending He Was
Robbed of Nomination
Prison Penalty Invoked
La Cuardia Gives Power of
Attorney to Opponents
Partner; Invites Action

which. on the face of the returns. went
to Representative Fiorello H. La
Guardla.
To-day District Attorney Swami will
start an Investigation to determine if
Bennett again has been the victim of
election frauds.
Yesterday, at Benefits request, the
Board of Elections impounded all
ballot boxes and other election par
aphernalia used in Tuesdays primaries
pending action by the courts
In making his request for the insti-
tuition Of criminal proceedings Mr.
Bennett told District Attorney Swan
he believed the ballot boxes had been
stuffed, ballots miscounted, and the
poll lists and the official returns
padded.
Prison Sentences Mentioned
Mr.. Swami said last night that if
BENEFITS charges were proven that he
would ask for prison sentences for
those convicted regardless of their
standing in the community.
Accompanying Benefits letter to the
District Attorney was q copy of the
returns from the first eight Assembly
Districts in Manhattan. There were
Ill election districts in which he was
not credited with vote.
y.
1T is far worse than that of the 1917
primaries, when frauds at first de-
prived me Of the Mayoralty nomina-
ton
Mr.. La Guardia said last night be-
fore leaving for Washington that he
would give Bennett every assistance in
his power TO have the ballots re-
counted, and that if Bennett was short
Of money ne would "assst him out of
his own pocket
In a letter TO Dudley F. Sicher, Ben
netts law partner, La Guarda em-
powered Sicher TO act as his (La Guar
dia's) attorney, and added that if
Sicher did not care TO accept that this
authority is given to Mrs. William NJ
Bennett, or, in fact, to anybody whom
Mr. Bennett himself appoints"
koenig Calls for Action
Benefits activities since primary
day, which have included couple OF
attacks on Samuel S. Koenig, leader of
the Republican organization in Man
haitian, also drew fire from Koenie He
issued a statement pledglng his "heart-
lest cooperation to the District Attor-
ney" and suggesting rhat Bennett
quit talking and get INTO action as he
threatens TO-"
IN this county, where Mr. Bennett
alleges fraud in the primaries, he re-
eeived 5,463 votes and Major La Guar
dla II l,SIo-more than twice as many as
Bennett.
Both reside here. Both are we'll
known here Which goes to show the
voters wanted La Guardia 1t is the
outy Of Mr.. Bennett to present to the
District Attorney any evidence OF
wrong doing he has in his Possession
or may secure. If he has any such
evidence, |, as head of the Republican
organization, on behalf of that organi-
zation pledge heartiest cooperation to
the District Attorney"
Mr.. Bennett is corerct in saying
that he received no votes in nine OF
the election districts in the 9th Assem-
bly, District and only one each in six
OF them, and | trust that he will take
advantage of the earliest opportunity
to have the returns examined and COM
pared. also suggest that he quit
talking and get into action, as he
threatens to do"
La Guardias s letter to Sicher reads
q understand that Mr.. Bennett
wants recount and inspection of the
ballots. The law may require that GER
tain papers be served upon me as We'll
as upon the election officials.
If this is so, 1 hereby empower you
to accept service of all papers. You
/
tiles, stipulate in every way, concede
every question OF law and fact which
Mr.. Bennett may desire, and, in fact,
do anything that Mr.. Bennett wants to
convince him once for all that the
people Of this city really do not care
TO have him as a candidate.
In case you feel that you cannot
act IN this capacity, owing to your as
soclation in the law with Mr.. Bennett,
then this authority is given to Mrs.
William NJ. bennett. or, in fact, to any
body whom Mr.. Bennett himself ap-
points
Il am sorry if l am putting you to
any trouble, but l am sure you will be
willing to help both Mr.. Bennett and
myself IN the matter"
La Guardia Issues Statement
La Guardia also issued the following
statement:
Mr.. Bennett has been posing as a
martyr so long that | shall take this
opportunity to assist him in the count,
so there will be no doubt left in the
minds OF the people as to the fairness
OF the election, the count and the re-
suit.
Il believe that in order to obtain a
recount and inspection of the ballots
II VIII be necessary for Mr.. Bennett to
serve me with some papers. lnasmuch
as nave important work IN Washing
Ton and expect TO be absent from the
ci'y, / VIII so arrange matters to en-
able Mr. Bennett to proceed without
any delay | shall empower his own
law partner, Douglas F. Sicher, of the
nrm OF Bennett & Sicher, 10 William
street, to accept service of papers for
uie' 20 give all necessary waivers, to
concede any question Of fact and law
ana to do everything possible to assist
Mf. Bennett IN getting an inspection
OF the ballots. / took no part in the
primary; | shall take no part in the
count. Mr.. Bennett will have the court
az TO himself. | shall stipulate to give
INN INN the benefit of every doubt. If
Nlr; Bennett says he is short on money
ahu there is any expense involved, /
VIII be glad to assist him out of my
own pocket.
81 want to say to my Republican
trends that although Mr.. Sicher is
sae law partner Of Mr.. Bennett, he, J.
mnnow, is in no way connected with
iammany Hall or the Democratic or
carnations of Kings and Queens"
Wants Ballots Impounded
=, Ar. Benefits letter to the Board Of
Elections read:
g.; has been brought to my atten-
lion that in the recent Republican
SS.'mary contest between myself and
ssiorello II. La Guardia for the presi-
;Sency Of the Board of Aldermen the