The New York herald., 1921-09-16
Hines GETS court
ORDER FOR RECOUNT,
RETURNAbLE MONDAY
Tammany Leader, Out for
Murphy's Scalp, Banks
on Success.
HIS LEAGUE GROWING
Predicts He Will Have 500
in Rebellion Against
the Boss.
HE ALSO WARNS POLICE
Declares Headquarters Should
Probe Shalleck Assault Be-
fore It's Too Late.
HE ALSO WARNS POLICE

James y. ftlNeS, IdIllIndIly ledueT OF
the Eleventh Assembly district. who
is out to lift the scalp of Charles
Francis Murphy, obtained yesterday
an order to show cause why there
should not be a recount OF the ballots
In his primary contest for the Demo-
cratic nomination for Borough Presi-
dent Of Manhattan. 1t was directed
against the Board of Elections. was
returnable on Monday.
"I am certain" said Mr.. Hines last
night, that the name of julius Miller
as the Borough Presidential candidate
Is coming down and mine is going up"
Vincent Lippe. counsel for Hines. had
been advised II would be impossible to
get an order restraining the Board OF
Elections from issuing a certificate of
nomination to Mr.. Miller. The law re-
quires them to canvass the primary vote
and certify to the nominations within
120 hours following midnight of priinary
day That time Is up Sunday night. A
year ago In the contest of Z. J. McGold-
rick against the election OF Justice ISL
dor Wasservogel the courts decided that
the Board of Elections coulc not be re-
strained from issuing certificates on the
face OF the returns before them.
just Begun to Fight.
That's the answer replied Jimmy"
Hines, as he pointed to the rooms OF the
Monongahela Club at 292 Manhattan
avenue and then waved his hand toward
the street, where there was crowd OF
young men which could not wedge its
way inside. AS he stood on the steps.
having just arrived from conferences
elsewhere. he had been asked what sue
cess nc thought he would have with his
Anti-Murphy League.
I'VE are beginning the enrolment to-
night" he added. "and III miss my guess
II we don't have 600 names on the books
before the doors are closed. I have Just
begun to fight and am going to see this
thing through until there Is a new leader
In Tammany Hail.
Hines laughed when he heard OF the
testimony given at Police Headquarters
to the effect that no one was hurt at the
polling place In Mr.. Murphy's own cleo
tion district. This is where Joseph Shall
leck, the Hines manager. says he was
assaulted by Tammany men and beaten
by an officer in plain clothes.
They had better wake up down there
at Police Headquarters and make q
proper investigation before 1t is too
late added Hines.
do you think the District Attorney
will make an investigation of tie as
saut on Shalleck and prosecute his as
sailants?" Hines was asked.
"They ought to do 1t. but don't be-
lieve 1t will be DONE" was the reply.
"You see the name of Murphy utill has
a good deal of kick in It,
Pntroiman's Explanation.
Patrolman Herman Doolan, who was
on duty at the polling place, In tho
Second Election district of the Twelfth
Assembly district, told Inspector Cough
lin, head of the Detective Bureau. that
late primary night ten or twelve men
got out of two automobiles and filed
into the polling place. The spokesman
demanded 10 see books.
WHO are you and what authority do
you have?" asked the chairman OF the
election board. according to Dooian.
ITS none of your business I'm here
to inspect them," was the reply.
When n wrangle ensued Doolan said
he threatened TO put them under arrest
unless they got away. They went out
on the sidewalk, talked there for a FEW
minutes. climbed into the machine and
drove of. No ambulance was called. 10
one was injured and not a single blow
was struck-all according to Doolan
So. OF course. he made no report Of the
incident.
In his affidavit accompanying the
application for the order to show cause
Hines alleges that thousands of votes
were rendered void by the erasure OF
crosses in front OF his name and the
substitution Of marks opposite that OF
Miller, his opponent. There were gross
errors In tabulatlon and transcription
of tally sheets. he declares. and IN some
districts unused ballots disappeared. He
alleges that they were marked for
Miller, the stubs torn off and they were
then substituted for ballots cast for
Hines. which were removed from the
boxes and destroyed.
other allegations were that Repub-
lican ballots were given TO Hines Demo-
Gratis. repeaters were used. persons not
enrolled voted on the names OF enrolled
voters who did not so to the polls Bal
lots east for Hines were counted for
Miller, polls books were signed by per-
sons not enrolled voters, and In certain
districts voters found cards folded in
their ballots. which instructed them not
to mark either No. i3 or No. is. The
latter was the Hines number. while
John J. Hopper. independent candidat te
for the nomination Of Register. was No.
10.