New-York tribune., 1919-09-23
Bennett Makes His
First Move to Get
Primary Recount
Merits Of His Petition Be-
fore Court To-day: La
Cuardia Welcomes Suit,
but Is Amazed at Delay

Former Senator William NJ. Ben
nett yesterday obtained from Supreme
Court Justice Lehman, an order calling
upon Representative Fiorello II. La
Guardia. and the Board Of Elections to
show cause to-day why an order should
not be entered permitting Bennett to
inspect TIE ballots cast in the recent
Republican primaries, which, on the
face of the returns, gave La Guardia
the nomination for President of the
Board Of Aldermen by d majority Of
l.6G2 over Bennett
La Guardia said last ght he woult,
Tot oppose the move, standing upon
his original promise to lend whatever
aid he could to having q recount, ii
Bennett so desired.
Il welcome this opportunity" said
La Guardia, "for it will settle this
question raised by Mr.. Bennett once
and for all. 1t is a bit amazing that
he has waited until this late hour to
that he. like any reasonable man,
would have been satisfied with the in
vestigation made by District Attorney
Swami, which shows, contrary to Mr..
Bennett's predictions, that in districts
where he alleged votes had been stolen
from him not a single man or woman,
out of some 200 examined, said they
voted for him.
Benefits proposed inspection will
include The Bronx, for in that borough
as we'll as in Manhattan, he was beaten
by La Guardia on the face of the re
turns. In the other three boroughs
Bennett got majority.
In the petition on which Justice
Lehman issued the order Bennett
pointed out that in the Republican
Mayorality contest, in 1917, in which
he was declared the winner after a
recount, $4,000 votes were counted in
eighty-three hours He declared that
the 24,462 ballots cast this year in
Manhattan and The Bronx could be
counted and inspected within "a few
hours"
Bennett's petition to the court in
part read:
"Annexed hereto is copy of an
order made by Mr.. Justice Stephen
Callaghan, of the Supreme Court in
Brooklyn. in the examination OF the
Democratic ballots in the contest be-
tween Edward Riegelmann and Bird S.
Coler for Borough President of Brook
lyn. Said application for an inspec-
ton of the ballots was not made until
October 10, 1917. and the examina-
non OF the ballots did not begin until
October II, so that there is ample time
this year for an inspection Of the bal
/ lots in this matter.
"On account Of the discrepancies in
the inspectors returns and the
forgeries of voters signatures re-
ported by Assistant District Attorney
Pecora. it viii be necessary TO ex-
anime the inspectors returns, and also
to compare the signatures in the regis
tration books with the signatures of
those alleged TO have voted at the
primary.
AS appears by the order in the
Coler- Riegelmann contest, the expense
of the proceeding was ordered to be
born by tn Board of Elections of the
City Of New York without any charge
TO the petitioner and it is submitted
that since the inspectors OF election.
whose errors 1t is sought TO redress by
this preceding, are selected by and are
the employees Of the Board of Elections.
II is proper and Just that the expense
should be borne by the Board of Elec-
tons
Bennett ends his petition by asking
that the ballot boxes be opened not
later than Thursday morning.