The Waterbury Democrat., 1937-10-26
ALI Parties Agreed
 To Re-CanUaSs Vote
CcOnttnueo from Page n

ASAA4 NNAS " ton counsel told the court thaht he concurred with terms by which the court action remained pending and the case would Do presented Nov, a, if, and when, tho re-canvass was completed.
 Judge Reminds Them
 Judge Dlckenson reminded the opposing counsel that "this is al legal and not Q political question" and added that his understanding of the matter was that the first step would be the re-canvass, there. after the question of whether the machines were operating properly should discrepancies be developed in vote figures by the re-checking of the counters on the rear of the machines.
 This will not mean In the re- canvass that the machines Will be opened in the sense that the seals will be broken. Nor does 1t mean that the counters will be immedl- ately turned back. The re-canvass is to determine whether discrepan- cies can be shown between the re- ports of moderators and the rear counters from which these reports were taken election night.
 Could Not Complete It
 Regarding the time allowance in MT. Bronson's stipulation for the re-canVass, the corporation counsel told the court that 1t would be impossible to complete the re.can- Vass In four days" He remarked that every election official of the 20 districts must be sumpoenaed, tho levers checked, reports filed,
 It was after this that lt was de. cided that the court action remain pending and that Q simple re-can- Vass of the rear counters be made. The court continued tho matter until November 2, pending this re- canvass, Judge Dickenson remarklng that he would be available tomor- row should any legal tangle de- velop In the process of machine checking,
 By agreement of counsel, it was deterimned that the keys to the ma chimes be turned over to them by the clerk of court, to remain in his custody, however, as exhibits for Identification In the mandanius proceedings, It was brought out that candidates have 68 days in l which to contest an election, one attorney remarking this figure, an- other, "6o days" then the latter eonceding the earlier-named figure to be correct.
 Senator Culhane Preesnt
 Senator George T, Culhane, "of- fioially" defeated candidate for | mayor. wsa present at the proceed ings, as were other of the candidates who brought the action, including | Town Clerk Dora A. Egan and Domenic Barbieri, candidate for city | sheriff.
 Sentiment among the candidates seeking the re-canVaas was that the | machines would dec elop the discrep. ancies that their complaints Nl. legged and that the election results would be changed. This was con- trGry to the opinions offered by several election officials who took | active part In preparing the ma- chimes and in the examination Of | the machines both before and dur. Ing the election.
 Court VIII Decide
 Following the re.oanvass, to start | aS soon aS election officials can be summoned today the court will consider the figures and, should | the discrepancies charged by the Fusion candidates be developed, is expected to order execution of the peremptory n1andamuS which could mean check of the machines, them. selves, to determine their condl. ton. Principal allegations of the Fuslons are that the machines were not working properly and that there was tampering with the machines or, | election day.
 Counsel went Into conference on procedure immediately after court was adjourned and are expected to start the legal wheels of the re. counting, that Is, calling in the officials, this afternoon Both sides have been working throughout the weekend on the rG- count of the protective and public counters which the corpora ton counsel asked last Thursday.
 Close Margins Cause Doubt
 Doubt raised by the close margins of success and defeat In the october bth election, caused demand for c recount by seven Fusion candidates, presently involved In the re-canvdsS litigation. This was agreed upon | by the general moderator and the recount showed Mayor Hayes to have gained eight votes, bringing his margin from 67, figured election night, to 06 votes over Senator Cul- hane.
 Immediately thereaftey, the seven Fusion candidates demanded c rec | canvass of the voting machines and, when this was denied by tho gen. | eral moderator acting on the advice | of the corporation counsel, they in- | stituted tho mandamus proceedings | which have dragged through since | Oct, 9th In the superior co,Wt.
 Opinions Divided
 Meanwhile, feeling over the re-