The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-10-29
THE SUFFERS LOSE.
A Bad Day for the Third Street ARgre-
cation.

Bad Day for the Third street A0gre-
cation.
Carroll Cook. the attorney for the Kelly
Crimmns-De Young outfit. had two bad
setbacks yesterday.
Early in the morning he applied before
Judge Levy to have the name Of j. A. Lam
gan reinstated on the ticket in the place OF
John T. Humphreys.
After the testimony was all In and the
case had been argued the Judge decided that
the ballot as made up by the Registrar was
the correct one, as Langan had declined to
run, and the committee had therefore full
power to nominate new candidate.
AT IL O'Clock he appeared before Judge
Lawler in an attempt to have the name of
Edward NJ. Pike restored to the great regis
ter.
Pike had been stricken off as a suffer,
and Cook claimed that the law had not been
complied with in the matter of issuing the
citation. inasmuch as the poStal-card had
not been sent to the last address given in
the directory or to the address on the great
register of 1899.
Behind this was the question OF restoring
every one of the Thrd-street suffers to the
register, because If ii was decided that the
citation had been insufficient. the whole of
the six or seven hundred names already
stricken off and the five or six thousand
that will be stricken off before election Gay
would have to be reDstated, and the work
of purglDg the register would have been of
no avail.
After hearing arguments on both sides
Judge Lawler denied the relief asked for,
because the petitioner had not exhausted
the remedies provided by law.
lie had neither appeared before the COM
mission in answer 10 the citation issued
according to law, nor presented any evil
dence to them that he was properly On the
roll.
The Judge held that the law was absurd.
and Cook agreed with him that the address
the petitioner gave should be acknowl-
edged as his last known address, aud there
fore tie address to which a citation should
be issued.
In the case In question, moreover. there
was no allegation that the petitioner
had an address in the directory or in the last
great register, and a search of both showed
that he appeared in neither.
This scheme was therefore blocked.
Four OF the JUDGES OF the Supreme Court
were hard at work yesterday considering
another of Cooks propositions. namely this
one TO compel the Election Commission to
give up large number Of the official ballots
TO the lame, halt, blind and illiterate clients
of the attorney.
Cook is anxious to have the whole Austria
liam ballot law declared unconstitutional In
order that the same election by heelers can
be held as in the past.
About week ago when he had prepared
the original papers in the case they were
sent down to Los Angeles, where the Su-
pTeme Court was then in session, but they
were returned 10 this city as being defective
in many important particulars
On Thursday he filed amended petitions
and 1t was these that were being considered
by the Supreme bench.
Ii had not been decided whether or not
they would hear the petition in court when
the Judges adjourned last evening.
Cook has asked to have the case heard on
the I'd prox., Wednesday next and has
worked hard to hunt up authorities to sus-
tain his view OF the case.
1t Is understood that II he fails in this at
tempt be will endeavor to have the whole
election declared void ON the ground Of seri-
GUS defects in the law and the alleged dis
reimbursement of many who he claims are
entitled to vote.