New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-28
Hines Granted
New Order i'm
Primary Fight
Justice Wasscrvogel Issues
Summons for Elections
Board After McAvoy De-
cides Against Candidate
Allows Ballot Inspection
Miller Also Is Permitted
to View Votes in District
of the Tamnlany Rebel

James J. Hines, Tammany leader of
the 18th Assembly District, who is
contcsting the vote cast in the Demo
cratic primaries for the office Of Pres
idcnt Of Manhattan Borough, in which
he was a candidate against Julius Mil
Ter, Murphy's choice, suffered tempo
rary reverse yeste rday in his effort to
have new primary election ordered,
but he Immediately renewed the attack.
Justice McAvoy, before whom argu-
ment was made regarding an inspection
of the void and protested ballots, held
that there was no application before
him for new primary election when
that suggestion was made to the court
by Vincent s. Lippe, counsel for Hines.
Thereupon Mr.. Lippe obtained from
Justice Wasservogel an order return
able to-day directing the Board OF
Elections to show cause why there
should not be new primary election
ordered because of the gross and glar-
ing errors, miscounts and falslfica-
tions" discovered in the examination Of
the ballots cast
Hines to Inspect Ballots
Mr. Lippc alleged that canvass Of
only part of the votes cast clearly
proved that there was widespread fraud
perpetrated in the interest of Miller
and to the detriment Of Hines.
In the proceeding before him yester-
day Justice McAvoy granted the re-
quest of Illness counsel for permission
to examine the ballots declared void
and those protested, but the justice re-
fused to grant an extension of the time
originally fixed for the examination of
ballots. On the other hand, in accord
ance with a suspicion held by Julius
Miller, that perhaps he did not get all
the votes he was entitled to in the
18th Assembly District, Justice McAvoy
gave the Tammany candidate permits
sion to inspect the ballots cast IN
Illness own district
IN the papers filed yesterday by Mr..
Lippe, asking for new primary cleo
tion. there was an affidavit by Hines,
giving IN detail instances Of alleged
fraud Mr.. Hines sets forth that he
and his assistants are taking affidavits
from hundreds of electors who depose
that they did not vote at all at the
primary, but whose names were voted
upon This abuse was especially
fragrant, Mr.. Hines says, in the lst,
Cd, 4th, 9Th, 10Th and 18th Assembly
districts.
Sample Ballots Counted
The Hines aifdavlt says that III the
oath election district of the 9Th Assem-
bly, District twenty-three sample bal
lots were counted for Miller, the Tam
many candidate, and that these sample
balllts were from six different election
districts and four different Assembly
districts 10th, Sth, 9th and 9th.
The affidavit says that in the I'd cleo
ton district of the 18th Assembly Dis
trict (Charles F. Murphy's home pre-
cinct, where Joseph Shalleck was as
saulted and shot) four Miller ballots
show distinct evidence of having one
cross-mark for Hines erased and a
new cross made for Miller. In the 14th
election district of this same Assembly
district it is alleged that fourteen bal
lots were voided in this manner.
In the 23d election district of the LIST
Assembly District, according to Hines,
twenty two blank ballots, which had