The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-11-03

WiSOeu. Inc giaQ news was sOuH spTtau,
and long before the hour OF opening the
corridors around Department were crowd
ed. Gentlemen prominent IN all political
parties, most Of them identified with the
present Non-Psrtisan movement, were on
hand, and as soon as the doors opened
they fled in and awaited developments.
Sconchin Msloney, one OF the many
law-advisers of the Southern Pacific, was
In close conference with Shortridge and
Registrar Evans as Judge Wallace took
his seat on tho bench. Then Sconchin bit
the end of a Palace toothplck at the thick
est part aud cid out the door on some
mysterious errand.
Then Attorney Joseph Nougues of coun-
sci for com plainant arose and addressed
the court. The action, he said, was based
on section 1109 of the general election law
| which reads:
ANY person may proceed by action in the
Superior Court 10 compel the clerk TO cancel
any entry made on the Great Register illegally
or that ought 10 be Cancelled by reason OF facts
that have occurred subsequent 10 the time OF
such entry; but If the person whose name is
sought 10 be Cancelled be not party TO the
action the court may order him TO be made
party defendant.
A great body of citizens of the county,
irrespective of their political creeds, MIR.
Nougues eonteDded, desired that the Great
Register of this county should contain
only the names of those persons who de-
sire legally to cast the ballot. 1t had been
said in one of the party papers of the day
that this action had not been brought in
good faith. That statement he desired TO
| brand as falsehood.
The Great Register will be used not
only in this election but in any special
election that may be called to fill any
vacancies that may occur, and for the pur-
! pose OF voting on new charter that il is
the evident item ton of freeholdsrs to pre-
sent to the people; and he hoped that the
case i'll hand would be proceeded with for the
purpose of thoroughly purifying the reg
lister. The Registrar had filed his answer,
| the issues were joined and the complainant
had caused suhpenas to issue.
The complainant would first endeavor to
prove that there were non-existent per-
| sons on the register-Dames that do not
represent anybody in the body and flesh.
| The complainant also expected to prove
that fictitious names had been used, Dames
not of persons actually in existence. Such
names were not legal entries on the reg
lister, and, under the law quoted, any per-
son might proceed by action in the Su-
perior Court 10 cancel any entries made on
that register illegally. Any name which
has not body to represent it is an illegal
entry on the register.
/ There was another class, continued Mr..
/ Nougues. The complainant expected to
/ prove that there were names on the reg
/ lister of persons who went TO lodging
houses. paid for one nights shelter and
then registered from there. These were
not bona-fide residents and not entitled to
vote.
Mr.. Nougues then called his first witness,
John Curtin, proprietor of sailors board
| ing-house al 1874 Main street
"We understand" said Mr.. Clunie,
"tbat Mr.. Curtin was served and that he
told the officer that he would not come into
court"
James II. Love. the baiIiff who served
| the paper, was called to the stand and tes-
! titled that Curtin had been served by him
| with a subpoena and had stated he would
not 90 to court. A bench warrant was
| ord issued. Mr.. Nougues then asked
| that the Reg strar be called upon to pro-
| duce the returas of the various precinct
officers of person ssthey had been una BILE TO
fiud, and called John C. Wendt as The first
witness.
Mr.. Wendt testified that he was the pro-
prietor of hotel at % Sacramento street,
| containing thirty-eight rooms, patroDiZed
principally by mariners. He produced
| register of the hotel, running as far back
| as June 3, 1893. 1t would show the arrival
of every guest at the hotel during the
! period from then Oh. He didn't keep
dodgers, except where he knew the people.
Beginning at room ! the attorneys pro-
ceeded to question Mr.. Wendt concerning
his guests for the past three months. J.
! McTnomas, mate On the Volunteer, was
the last occupant of room /. He left
several DAYS ago. Did not know when he
would return. He couldn't tell the exact
date of his leaving without consulting the
ledger He was ordered by the court to
produce that to-day. There was nobody
in that room at present and nobody was
paving rent for it. He occupied room 9
himself. his daughter was in 4. No. was
the parlor and No. storeroom with beds
in it, but no dodgers.
w. Ferguson was in room 3; he had re-
turned about week ago after an absence
of thirty DAYS. There was only one
lOdger in that room.
At this point Mr.. Delmas for Registrar
Evans became impatient. He said his
client was as anxious as the other side to
get at the bottom of the matter, but the
method being pursued would lengthen il
out interminably. He would suggest that
q name suspected be pointed out and the
auctions be directed on that. When that
was finished they could then proceed to
another one. He really didn't know what
the other side was trying to get at.
The court said it understood that specific
names should be taken to prove that the
parties owning them were not voters OF
this city and county.
Mr. Delmas contepded that il. as con-
tended by counsel on the other side. names
in the complaint were those of nonentities
they were not properly before the court as
defendants The law contemplated that
names commonly borne by human beings,
when that figured as defendants in an &C.
ton. presupposed that such names repre-
sented human beings.
The witness was making violent effort:
to address the court, while the latter stated
that he fully understood that no mans
right could be determined witho ut his hay
ing had an opportunity of being in court
Mr.. Nougues stated that the complain
ants sole object was to strike fictitious
names off the great register.
Mr.. Delmas made no further objection