Ogden Weekly Standard | 1905-12-15 | Page 2 | Arguments in Hearst Contest

ARGUMENTS IN HEARST CONTEST albany now york dc 11 aiau aigu men was begun la the court of appeals today in the so called nei boik ballot box case there was largo attendance of lawyers and spectators tho contest represents the contention of W II 11 fieast john ford and judge phelps stokes municipal ownership candidates that at the election of nov 7 they were respectively to the offices of mayor comptroller and president of the board of alderman of greater new york gird this would be shown by a recount of the votes judge parker representing the claims of mayor mcclellan anahis and his democratic colleagues declared there is nothing to be found in he election law which in terms authorizes tiro court to direct cither a recount of a of the vote A recount cannot be ordered even though ills exist between the tally sheet and the ballot clerks returns he held that the law requires that he count axall bo finally made by the inspectors on the night of election and that if an actual mistake WAS made it was the duty of the inspectors then and there to make recount I 1 the failure to recount a provided may be enforced by mandamus after the ballots have been placed in the box and it Is locked and he why may not every act of omission bo enforced by lie ared hat the statute lu the case does authorize mandamus as to other omissions and cited another case to liow that the court cannot take not accorded to it by the statute if recount in permitted lie continued then ovary clewe election in r it involves ch bt mayor of a great city governor of iho silo and presidential elector will afi subject to a judicial canvass jcob tinning weeks month or ovea years r corporation danna d for mayor cliftena coif tenA d that mr hearse and hi oot leagued had ample in ax black ct tho he isida took tho ground j ar tr inspectors tu i remedy lo 10 compel compliance the aim of the election law he eald la to place election officers under tha direct control of the courts and to compel them to correct mistakes it must be presumed that the legislature in framing the election law intended that the elections should be pure and regular and that the courts should be charged with the duty of keeping at whatever cost to less important interests of individual