The morning call., 1892-09-20
WHY NOT A HEADING /?
Attorney-General Hart Is to
Explain.
THE CITIZENS ARE OPPOSED.
Auditor Smiley Writes Non-committal Lat
ter to the Non-Partisan Convention
People.

Il Is not yet officially known what
Attorney General Hart may have 10 repy
to Registrar Brown as to the rlght Oh tue
Non-Partisans and Peoples party 10
designation at the head OF the Austiaiian
ballot ,,,
Tbere are minors around that his decision
mill ha IN the effect that the majority oil the
Election Board at its last meeting was en-
titled TO rule on this subject and that the
Registrar must act with 1t.
Attbe same time 1t is by no means certain
that the Attorney General would be upheld
in such decision.
Section 1918 of the election law expressly
provides that sail certificates OF nomination
required by this code to be made TO County
Clerks shall be made TO the Registrar OF
Voters"
This has been considered to especially
exclude any Joint management between the
Registrar and commission on the matter In
question.
The constitutionality OF a resolution dis
eliminating between parties is also almost
certain to be questioned. and the Attorney
General is not likely to be drawn into any
hasty reading of the law on the subject
In connection with this attempt TO harass
the Nom Partisan party may be gwen the
following letter from auullOl w bhO
officers of the Non Partisan convention:
To the Officers aud Members Of the Citizens
Non. Partisan Onuention-GENTLEMEN: Your
official notification OF my nomination Tor the
Office OF Auditor has been received Ihls I'M
solicited nomination is accepted with due APP
probation of the compliment extended 10 me py
your honorable body.
My personal feelings and active exertions In
political life for forty years have run In the same
general groove enunciated In your platlormi
pure politics. efficient officers and honest ADMIN.
- n liz TutT 4
my waFmest praise. -
To some PORTIONS OF your platform my con-
curteuce cannot be given. Your reference 70
tile law allowing 10 cents appropriation TO tue
City Hall go cents for Two years. has Deeu CUT
tailed by Tie Supervisos 10 6 cents aud Ga
cents Q212 cents IN all during the past TWO
years. two-thiTds OF the amount named.
The law creating the CITY Hall Commission
SPECIFICS that the Guy Hall shall be erected IN
accord ance with Certain accepted and speclhed
plans. These plans include the lower aud man
sard roof and therefore cannot legally be dis-
pensed With.
In q great measure have been confined toward
The payment of contracts entered into by other
commissions. and the necessary repairs and new
contracts will absorb tie entire balance now on
hand; but, even II there was balance, there IS
no warrant OF law for diverting said balance 10
the sewer or any other fund, as called Tor lii your
platform.
Referring TO tho third paragraph, page 10 OF
your platform pamphlet;
"All nominees shall pledge themselves That
they have not sought and VIII not seek, nor Will
they formally accept an Endorsement or non-
nation for office al the approaching election
from either the Republican or Democratic
parties"
These conditions are not agreeable TO me- as
cannot see any reason for declining In advance
nomination which may or may not be given by
other parties; on the contrary, II nomination
given me by Republican friends should be ae-
cepted II would not be acting 10 good faith for
me 10 scqui=see In PORTIONS Of a platform which
/ calnoG lndoEse Yours respectfully,
T.. j. l.. SMILEY.
San francisco. Cal. September II, 1892
Auditor Smiley accepts the nomination Of
the NOu-Partisans and then states his OBJ
jections to their platform.
One of his objections is diversion of
part of the City Hall Commission fund TO
the sewer or other fund.
His other objection Is to the pledge re-
garding accepting nominations from other
parties. and this seems to be the more seri-
Gus objection, as the Auditor says lie can
not see any reason for declining in advance
a nomination which may or may not be
given by other parties"
1t seems unlikely that the Auditor Is
c0quetting with two ations, one of
which he has received and the other OF
which he iiOnas n rneaivn- fer that Mould
convey the Impression of a shilly-Shally,
even trimming attitude which would hardly
recommend itself to any party.
Still the Auditor has declined no nomlna-