The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-09-26
NOT ENTITLED TO IT.
The Peoples Party Not to Be Named
at the Tickets Head.
Acknowledgement Hart Takes Issue
With Secretary of State Waite
on the Subject.

Yesterdays Chronicle printed three
column opinion prepared by Attorney
General Hart in reply to the one ad-
vanced recently by Secretary of State
Waite, through the columns of the REC
oRD-UNIoN, in which the latter officer
held that the Peoples party was entitled
to recognition at the head of the new re-
form ballot to be used at the coming cleo
ton. General Harris opinion is backed
up by numerous and long quotations
from the law and court decisions, by
which he arrives at the following conclu-
sions:
1t is thus plain to my mind that the
Peoples party, so called is not entitled
to heading on the State ticket. and to in
sert one might invalidate the whole
ticket. Ii the so-called Peoples party
nominees obtain signers amounting to
per cent. of the voters its nominees would
be entitled to be inserted on the ticket in
their respective places and following
their names the words. Peoples Party
to designate their principles, and then if
at this election their candidates should
receive per cent. OF the votes cast at this
election 1t would be created political
party, entitled to call a convention two
years hence tor the purpose of nomina-
ting candidates in accordance with the
provisions of Sections IlS6 and llS7. That
is to say, the vote at this election OF 3 per
cent. for their candidates and party would
establish it as a political party entitled to
a heading on the ticket at the next cleo
ton, and 1T is only in this way that a new
political party can be created.
The only parties entitled to heading
on the State or general ticket at this
election are: Regular Republican ticket
(stralght), regular Democratic ticket
(stralght), regular Prohibition ticket
straight, and no others.
All nominations made bv certificates
or conventions for Assemblymen. Sena-
tors and Congressman and for county
officers outside of San Francisco by So
called parties other than the three above
are not entitled to heading on the gen
eral ticket" but must be entered on the
ticket IN their respective places, as fol-
lows:
John Smith, Non Partisan,
"John Doe, Peoples party,
And so on, none OF whom would be en-
titled to heading on the general ticket.
You can readily see that the nomination
of John Smith, Non-Partisan, for the
Assembly entered on the general ticket
with heading would have the effect of
misleading the voter who voted for the
heading, for he would lose vote for all
other officers but John Smith. Assembly
man, and this would be q fraud on the
elector.
County Clerks of the various counties
of this State and the Registrar of San
Francisco have no right to have printed a
heading on the general ticket other than
is certified by you, and you ought not,
under the law. to certify any headings
for ticket other than the three above
specified.
"1f you give a so-called party head
ing when 1t is not entitled to it all votes
cast for such heading would be lost and
Of 10 effect and might invalidate the
whole ticket. AS matter of fact, the So
called party heading at the top of the
ticket is an American idea and not in &C
cordance with the Australian ballot sys-
temr