The Waterbury Democrat., 1937-10-13

turned over to the clerk of the court pending hearings and possible exc. cution of the mandamus.
 The preliminary hearing this afternoon is expected to result ir setting of a time for hearing on the writ of mandamus, execution oi which must be ordered by the court The action by the defeated candi- dates through their counsel, was in- stituted after 8 last minute cal upon the corporation counsel tc learn his decision.
 Advises No Opening
 Corporation Counsel O'Connor late this morning gave General Moderator McMahon an opinion ad- visir1g him against granting the re- quest of the defeated Fusionist can didates for @ re-canvasS of the vot- ing machine. Acting on MT. O'Con- nor's advice, MT. McMahon wrote a letter to Attorney Bronson, counsel for the defeated Republicans and Independent Democrats, formally notifying him that the applicati for re-check of the machines was denied.
 The corporation counsel stated that he did not believe there was sufficient reason for MT. McMahon to allow the opening of the ma- chimes and a re-canvass of the vote. T believe that the returns made by the moderators from each of the city's voting districts are thoroughly accurate" said MT. O'Connor. "The moderators got their figures, direct ly from the machines, and there is no reason for opening the machines again and checking the figures a second time."
 ClaimS Discounted
 MT. O'Connor discounted the claims of the Fusionist leaders that there were discrepancies in the elec- ton figures, declaring that this charge was not supported by evil dence.
 The police guard on the voting machines, maintained since the polls closed last Tuesday, was ordered continued. The machines used in the balloting are in the basement of the county courthouse, where they werc taken last Wednesday.
 The application for @ recarivass of the voting machines was made to MT. McMahon by registered mail last Saturday morning. The communica- tion was signed by Sen. George T Culhane, Fusion candidate for may or; Town Clerk Dora Egan, Fusion candidate for reelection; Domenic Barbieri, Fusion candidate for city sheriff; Francis T. Phillips, Fusior candidate for city treasurer; Morti. mer J. Calvin, Fusion candidate fol city clerk; Walter Charest, Ftlsior candidate for selectman: Thoma: P. Healey, Fusion candidate for the board of education. All were, accord. ing to MT. McMahon's official cleo. ton figures, defeated in the ballot ing. > Sought Ruling
 MT. McMahon turned the reQues, over to the Corporation Counsel for a ruling. MT. O'Connor completed his study of the request this Inorn- ing, and informed MT. McMahon that in his opinion 1t should be denied.
 The Corporation Counsel today made no further comment on his statement of yesterday that he was considering legal action against Miss Egan and Attorney Richard son Bronson for an unauthorized inspection of the election records at the Citizens and Manufacturers Na- tional Bank last Friday. Orders have since been issued to officials Of the bank to allow no one to examine the records without @ court order.
 It is Mir. O'Connor's contention that the legal custodian of the rec ords is not Miss Egan, but instead is City Clerk John P. Fitzmaurice.