The New York herald., 1921-09-20
ERMISSION GIVEN
FOR HINES RECOUNT
Terms of Order Will Be Settled
by Justice Wasserv0gel
This Afternoon.
FRAUD DISTRICTS FIRST
Tammany Insurgent Hopes
Murphy Will Bar Him From
Committee Seat.

Terms of an order under which there
will be an examination of the balloots
to determine whether fraud was COM
mitted in favor OF julius Miller, the
selection of Charles II. Murphy for the
nomination for Borough President OF
Manhattan, vii. be settled by Justice
Isidor Wasservogel in his chambers this
afternoon at ) o'clock. The application,
made by James J. Hines. the battling
Tammany leader. who declares the nomi-
nation was stolen from him was granted
BY Justice WasservogeI yesterday.
I'VE will examine the districts in
which we know there was fraud" said
Vincent s. Lippe, the Hines counsel, last
night. "lf after careful examination we
find that fraud has permeated the whole
contest we will demand a full recount"
But the que stion that was agitating
Tamamny last night was whether NJ.
Murphy would get even with Hines for
the row he Is knicking up by refusing
him a seat in the executive committee.
which will meet for reorganization on
Thursday nigaL Frankly. Hines hopes
the Tammany boss he is seeking to de-
throne will make just that sort OF mis-
take. 1t would help Zines immeasur-
ably, he believes as showing that Murphy
is actually frightened at last
No Legal Bnr to Exclusion.
There is no legal bar to excluding
Hines, it was stated. as the courts ruled
in the famous "Bill'' Devery case that
the executive committee was judge of
its own members. In 1903 the former
Chief of Police. the best New York
ever had won fight in the old Ninth
Assembly district and presented his Gre
dentials at Tammany Hall as member
of the executive committee. They
promptly showed him the door. He went
to law. but never got his seat.
IT Hines Is permitted to take his seat
on Thursday. he is prepared to say some
unpleasant things about the leadership
of Mr.. Murphy. Right in the bosom of
tho Tammany Hall family Mr.. Hines
says he will detail the reasons for his
stand that II is time for the Squire OF
Good Ground to abdicate in favor of a
new leader.
But you don't think the Fourteenth
Street crowd would be stupid enough
to keep you out of the executive COM
mittee, do you?" one of Illness friends
asked him.
We'll. he r;ay do it, was Hines's re-
ply. You wouldn't think they'd steal
the election. but they did. Every leader
knows they cannot get the voters to
come out on primary day and when
they were told: You must get the vote
OUT they knew what was meant, and
they obeyed. We will be able to show it.
THE vote in the First. Second, Fourth,
sixth, Twelfth and Seventeenth Assem-
bly, districts was held back, In some
places until o'clock on the morning
after the primary. They wanted to find
out how many votes they needed"
Shalleck Leaves His BED.
Joseph Shalleck, the Hines prima ry
manager who was beaten up when he
went to Murphy's own polling place TO
look for evidences OF fraud, got out OF
bed for the first time yesterday and
conferred with Hines in his office. He
carried his right arm I'm a cling. his head
was In white bandages and big piece
of adhesive tape kept some cotton fr
place under his chin. where blackjack
had done its work. But he was full OF
fight. although he was tempering his
vigor with caution Asked if he had
lodged any complaints with the District
Attorney. he replied:
Il shall let District Attorney Swami
ask me to go before the Grand Jury. If
should file formal complaint the bur-
den would be shifted to me. He knows
an assault was committed. Why doesn't
he make an investigation? Ill furnish
all the witnesses. ] shall begin to get
them together tomorrow"
In regard to the demand made by As