Evening star., 1932-09-21
Walkers Successor Granted
Right to 0ffice-Foes
Will Appeal.
MANY PROSPECTS NAMED
AS POSSIBLE CANDIDATES
New Executive, Acting Through a
Taxpayer, Was Opposed by Tam
many and Socialists.
By the Associated Press.

By the Associated Press.
NEW YORK, September 2l.-Mayor
Joseph v. Mckee won his Supreme
Court fight today to prevent may
orally election in November.
Opponents in the court action made
it known soon afterward that they will
appeal the ruling
When Mckee recently succeeded to
the office Of mayor by virtue OF the
resignation Of James J. Walker during
an custer hearing at Albany, the city
clerk certified to vacancy, which he
ruled should be filled by q special elec-
ton in connection with this years gen.
eral election The regular mayoralty
election was not due till next year.
Mckee had q court action started 10
prevent the special election, an action
which was opposed by Tammany Hall
and other organizations. The matter
was taken under advisement and today
Supreme Court Justice John Mcclellan
announced his decision that there
should be no mayoralty election and
that Mckee should stay in office until
the time Of the regular election q year
from November.
Two Oppose Petition.
The court action was brought for
Mckee by David McAdanls, a taxpayer.
1t was opposed by former Sheriff David
Knott, as chairman Of the Tammany
Hall Executive Committee, and Morris
Hillquit, Socialist leader. who said ne
represented the chairman of the Social
ist Committees Of the city's five counties.
In view of the comprehensive nature
Of the charter provisions affecting the
mayors Office of this CITY," Justice Nc
Geehan said in his decision Il am con-
strained to hold that the application of
the petitioner, McAdams, should be
granted, and that OF the petitioner,
Knott, denied"
Since the resignation of Mayor WAL
ker and the certification by the city
clerk that the vacancy should be filled
at special election this Fall, a number
OF booms have been started for prospec-
tive mayoralty candidates.
Hyian Urged to Run.
A committee called upon former
Mayor John F. Hylan and urged that
he become a candidate. His reply was
that he could consider the invitation
If he could be convinced that the peo-
pie wanted him. Yesterday a commit
tee of war veterans called upon Demo-
cratic county leaders and urged the
nomination of Controller Charles w.
Berry In the event that an election
should be held this year. The Commu-
mist party already has nominated its
candidate for mayor, William L. Pat
terson, colored.
When Mayor Walker resigned he said
he would leave his case in the hands
Of the people. However, he declined to
elaborate on that statement and would
not say whether it meant that he in
tended to become a candidate for the
office of mayor.
No Advance Agreement.
Mayor Mckee, who automatically sue
ceeded Walker from his former position
of president Of the Board of Aldermen,
said there had been no agreement In
advance by opposing parties to have
the Supreme Court ruling appealed.
There is no call for the winning
party to take an appeal" he said. Il
was advised by Mr.. Medina (Harold r.
Medina, former law partner of Nc
KEGS, who handled the Mckee petition)
that my term extended to January |,
1894, and as result Of his advice the
Mckee was asked about his present
status, he having sometimes referred
TO himself as mayor and sometimes as
acting mayor since succeeding Walker.
The city charter provides that the presi-
dent of the Board of Aldermen, in the
absence of the mayor, shall "act" as
mayor.
so far as I know I'm still the act.
ing mayor" he said today.