The morning call., 1892-10-01
The Question to Be Tested in
the Courts.
A NON. PARTISAN PROTEST..
More Time Has Been Granted By the Election
Commissioners for Machine Managers
to Prepare Their Lists"


81 am not going TO mention who the par
ties are," he said 'but in several instances
improper persons have been placed on the
list of election officers | use the word i'm
proper in its broadest sense. They are men
with unsavory regulations, whom you or
would not care 10 meet on dark night"
Said Marcus Aurelius Dorm: "A good
deal has been said about living up to the
law in the appointment of these officers.
Now we find that some of the names pre-
sented by us, as we'll as by the Democrats.
are not on the assessment-rolls. we are
not absolutely certain of our lists. We want
time 10 make certain"
By this time it began to be apparent to
even the "man up tree" that further
postponement was being fought for.
J.. E. Phillips, representing the Men Par
tisan voters, then took the floor. aud was
soon reading the following protest.:
SAN FRANCISCO, Sept. 80. 1892.
Hon. George H. SdBders0H. Chairman OF the
Board Of Election ComHtssionerS-SIR; The
Citizens N9n-Partlsan party of San L anelsco,
through It's legal re preventative. hereby enters
a protest against the official acts performed by
The Board of Election Commissioners since the
- day Of September. 1892 al which time three
of its number, consisting of Thomas j. l.. Smiley,
Thomas OBfien and Charles l.. TiltOn, Iespec-
lively Auditor, Tax Collector and Surveyor OF
The city and county of san Francisco, became
and are legally disqualified TO serve as members
OF said board by reason OF their acceptance from
political convention OF nomination for Offices
10 be voted for at the coming election ana that
their official acts are and have been. by reason Of
he disqualification arising out OF such n0mlna-
iiOns, null and void.
Furthermore. your protestants submit that
there now exists three vacancies il this board.
which the Supervisors OF this city aud county are
called upon 10 fill.
Your protestants further submit that the
method adopted by this board OF choosing elec-
lion officers, out OF names submitted and Iecom-
mended by the Democratic and Republican par
ties, through their respective County Commit
tees Is null and void; IN violation OF the spirit OF
the statute prescribing the duties and powers of
this board; is direct invitation TO frauds al the
polls through the criminal work OF political
mefcenaTies named by said County Committees.
ana Is an unauthorized abTOgstion OF that
responsibility which has been imposed By statute
upon This board.
In support OF the allegations herein made and
to further the end OF good government your
prOtestalts submit the following re aSOns, and
trust that this board WILL Ia behalf OF fair elec.
lion, abandon the course heretofore adopted and
eudeavor to subserye the best interests OF our
citizens.
First-The official disqualification Of certain
memOers OF tile board.
The Board OF Election Commissioners are not
acting 10 a minis erial but in quasi judicial
capacity aud Ii is universally accepted maxim
that no man can be judge In his own cause.
lie principle upOn which disqualification IS
=
OF cases where an individual is appointed TO de-
eide The rights OF his fellow-citiZens or any CUES.
tlon materially affecting those rights.
In the present instance each uf the three dis
qualified Election Commissioners, heretofore
designated, has a personal interest In the result
OF The approaching election, and that interest is
not merely speculative possibility, more or less
vague and uncertain. but vital, direct and I'M
mediate interest, fatal 10 the CLAIM OF non bias
and perilous TO the safety OF any Government
founded upon the electoral franchise.
4 n
tie ballot act and non-obseryance OF the spirit
OF the Political Code of this State. and amounts
TO conducting an election contrary TO tie prlnc-
pies OF tile statute ADD against tn spirit of the
constitution. An election held by a board of
public officials composed Of persons disqualified
for any cause VIII be held null aud void by a
judicial tribunal having Jurisdiction 10 determine
ITS legal status and the validity Of It's acts.
Ii IS therefore apparent that Tie only way in
Which the three members OF this board can rid
themselves OF their existing disqualification and
egallZe the acts Of this board is TO Withdraw
frcm nominations which they have accepted;
they should resign from The Board Of
Election Commissioners and enable tie super.
ylsoTs 10 MI the vacancies by the appointment of
eligible and qualified persons.
Second-0fliclai acts affecting the rights OF
certain electors ana others.
Denying the legal status OF this beard and the
validity OF its acts since the said - day OF Sep
tembeT, 1892. II is proposed only By way Of
hypothesis 10 assume this board TO be a eomue-
Is iseh bsey a. q 9gailned &c eaeess names Tor appoint
The selection OF names In the manner now
and approved by TINS board IS oI
sucb a character that IL viii tend TO prevent
correct determination OF tile results OF the COM
ing election, and thus perpetrate upon Inc cleo
tors OF this city aud county a gross fraud Inc
choice OF certain names proposed 10 this board
nv county committeeman or through thelf
Official representative is Ia direct violation of the
duty of said Commissioners 10 choose lueepeha-
entity, IN their ofnclal capacity. quallhed persons
TO serve as election officers, ana II Is only this
thinly disguised attempt 10 shit the Tesponsi-
bjlity OF selection from themselves 10 those VINO
haFra
lent means that inspires your prOtestants 10 In-
teTfere actively in behalf Of an honest election
and fair count.
eants for appointment as officers OF election
shows at least 1900 eligible names, or An aver
age Of six names 10 the precinct, from which
fair election may be made without the aid OF
either party or County Committee. 1hls board
is not compelled nor Is IL legally permitted 10
dvest itself Of the duty OF independent selection
by confei ring upon county committees the I'M
portant function. A selection OF names IN such
a manner is necessarily made In the interests OF
the party recommending them, and VIII be
utilized 10 defeat the VIII OF majority OF the
electors by the fraudulent return OF nominees
iuImlca 10 the rights of the largest class OF voters
through corrupt practices at the polls.
II this board could lawfully abTOgate the
power OF independent selection then all parties.
except as specially prohibited by legislative
enactment, would be entitled 10 present list OF
names, aud could compel THIS board by legal
process 10 accept and appoint lis quota from
each.
But as II has 10 such right the selection OF rec
commended names is null and void, aud auth0r-
ICES The Registrar OF Voters TO cancel such Selec-
ton and appoint officers OF election from the
qualified names upon bis official list Respect
fully submitted, LOUIS +. PHILLIPS,
Attorney for The Citizens Non-PartIsan Party.
This document was the sensation of the
day, and its reading was loudly applauded.
Nh Smiley made speech in response to
the protests, the burden of which was:
1--WE are here in pursuance Of the law and
mean to remain here till The law elects US.
| believe in a Non-Partisan Election Com
mission, and tried to have the law made
that way. But that Is past now and we sit
according to statute"
''The question cannot be decided by Mr.
Smiley" said Attorney Phillips. 1T is a
matter for the board 10 consider, and if 1t
refuses TO act we shall carry the matter to
the Supreme Court DO understand MIR.
Smiley to favor non-partisan b0ard?'
81 do" said Mr.. Smiley.
"Then here's the chance for you to carry
out your convictions. You gentlemen, who
occupy illegal positions on the board, can
resign and let the Supervisors fll your
places"
Cheers and applause from the audience.
Registrar Brown, anticipating the motion
to adjourn that had been pending from the
first, said there was no use Of accepting
further applications from qualified citizens
il their names were to be disregarded in
favor of those recommended by party mana
gers.
"Men come in here" said he, "and apply
for positions as election officers, vino are in
every way qualified to act. Many OF them
have been wealthy, respectable, intelligent
citizens, and their names have been dis
carded."
Then came the motion to adjourn until
Monday.
But before ii was put and carried Attor-
ney Phillips invited the board TO take favor
able action on the list of names presented
by the Non-Partisans.
Said Mr.. O'Brien: 'Do you want an
Illegal board to take action on them?"
81 didn't address myself to the Illegal
members" said Attorney Phillips.
Commissioner Smiley then spoke briefly
in favor OF continuing the work of nominal
ing Election Commissioners, and both he
and Mayor Sauderson voted against the