The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-24
Complications Which Must Ger
tainly Arise if 1t Is
Upheld.
IT Is MARTIN KELLY's WORK.
The Dilemma of the Election Commits.
sion in Regard to the Primary
Elections.

Attorney the Electlon COMMISSIONERS nave
secured the signatures OF all their en-
p!oyes to pledge that they will not hold
them personally responsible for their sal
aries.
The Election Commissioners want to be
on the safe side of the legal controversy
being agitated at this time In regard to
the powers and emoluments of their office,
ana their action in this instance plainly
indicates the attitude they will take in re-
spect to the recently passed primary law.
The Supreme Court was called upon last
Friday to issue writ of mandate COM
peiling Auditor William Broderick to sign
the salary warrant of James Denman, and
on the result is dependent the olsen
tangling OF one of the greatest political
snarls with which the people OF this State
have yet had 10 deal.
The court has ninety days in which to
render its decision, but this will carry the
issue clear beyond the month of January,
in which the new primary law lays down
that the Election Commission must select
thirty men who are on the assessment-roll
IN each of the precincts of the city and
county, from which five officers OF election
must be selected to officiate as such at the
primary without pay
Unless the decision of the Supreme
Court decides the new law constitutions
before January 81 1896, the Election Com
mission will not be in position to go
ahead with its work without going down
into its own pocket to defray the expenses
OF clerical hire to select the desired 5000
available men. Judging from the stand
made by Mr.. Denman in bis suit for sal
ary, it is not likely that he or his confreres
will adopt the latter course.
Should the decision of the court be in
favor of Mr.. Denman, it would carry with
il the unconstitutionality of the primary
law, whic n, in the Judgment of the lead
ing attorneys of this State must follow the
result Of the case al issue.
Already District Attorney Ryan, of Sac
ramento County has advised the Board OF
Supervisors of Sacramento not to act I'M
der the primary law, as it is unconstitu-
tional.
The Election Commissioners here have
asked the Board of Supervisors for an ap-
preparation of 500, 600 for the primaries,
and that sum is included IN the last tax
levy If the law is declared unconstitu-
tional after January, and the primaries
are held, there will be clear loss of the
money, which, on the basis of past prima-
ries. will not be $50, 900, but nearer 100000.
"
the leading legal lights that the passage of
the law by the last Legislature was under
Misrepresentation.
The old law provided that the counties of
the State be divided into three classes.
All those OF over 10000 inhabitants were
first cass; all over 5000 and under 10000.
second class; and all below 5000, third
class.
Now, the general primary law refers only
to first and second class counties. 1t is
evident that the Legislature thought that
the general primary law applied only 10
San Francisco and Los Angeles counties,
which are the first and second class coun-
ties under the county government bill.
But the lawyers now say that the county
government Classification is not broad
enough to take in elections. 1t is merely
''ior the purpose Of regulating the COM
pensation of the officers of the several
counties of the State therein classified"
Consequently all the counties of the
State which are not Lroviding for primary
elections by drawing the names OF thirty
electors from each election precinct during
the month of January. to be used as
basis from which the officers of the pri-
mary election can be selected, are making
it absolutely impossible for the political
parties to hold conventions whose candi-
dates will be entitled to places on the
printed ballots. This is the status OF
declared unconstitutional.
Should political parties hold conven-
tons as they have in the past the candi
dates will be worse off than those running
independently. because, in addition TO
their regular nomination, they will have
to get out private list i'll the same way
as the independent candidates, who are
prohibited by the general primary law
from having place on the ticket. This
prohibition is stated in section 81 of the
general primary law, which provides that
no candidate can have his name printed
on any ballot to be voted for as candi-
date for public office at any general cleo
tion in this State unless he shall have
been nominated by convention COM
posed of delegates chosen as provided by
that act.
The convention must file its certificate
of nomination of candidates with the
County Clerk not less than thirty days be-
for the dav of election. Where there is
an INDEPENDENT candidate who gets out his
separate petition he can file his petition
not less than twenty days prior to the day
of election. This gives the independent
candidate ten days more leewaY than the
regular nominee.
One of the strongest points, then, in
favor of the independent is that he can file
his petition on the last day and then get
out an injunction, relying on section 81 of
the primary law, and prevent the County
Clerk from printing the name of the con-
vention candidate on the official ballot.
But this is but one of the many compli-
cations which will be brought about unless
the new law is declared unconstitutional.
See, for instance, what it will do in Shasta
County, where heretofore never has there
been primary held. The county's voting
population Is mainly at Redding, and the
candidates were nominated there by the
County Committee without any unneces-
sary expenditure of money. Now each
little precinct spread all over the county
will have to be saddled with separate pri-
mary. This is impracticable, Just as 1t is
in many ofthe precincts of this City, where
it is positively ont of the question TO
gather thirty men who are on the assess
ment-roll.
Martin Kelly is the one who caused the
new law TO be drawn up, and should the
Supreme Court uphold it he will have the
political machine more firmly in his grasp
than ever before. In the event of his
caring to join forces with Sam Rainey the
pair will virtually be in control of the con-
ventions of the two leading parties.
Take as an instance that Kelly is known
to own the Twenty iShth District. There
will therefore be no struggle there and he
will be free to take his lambs into any
other district in the town where there is
conflict The law requires that there be a
ballot-boy in each precinct for each no.