The San Francisco call., 1896-09-24
Congressional Bodies Have but
Certain Limited
Powers.
CANNOT WELD OTHER POWERS
After They Have Performed Their
Prescribed Functions They Go
Out of Existence.

1nere mas Deen OF late considerable talk
in Democratic and other anti Republican
newspapers to the effect that there is a
division of greater or less extent in the
ranks of the Republicans Of this City, so
far as local offices are concerned. The
Democratic papers have gloated over the
fact and have espoused the cause of the
small fraction of people who have been
dragged into the circus by the false pre-
lenses of Martin Kelly and his side part
ner, Senator Mahoney. They do this
because by bolstering the weak cause of
the usurpers they hope to make the divi-
sion permanent.
The few henchmen of Martin Kelly,
who, by the by, Is being treated with great
consideration by the Examiner, which not
long ago denounced him as boodler and
a rufian, are making considerable noise
with few loud voices for the purpose of
inducing the belief in the minds of the
people that the regular Republican County
Committee and the County Convention
were unauthorized bodies and usurpers.
In order to set the matter in its true
light and in order that the people who are
entitled to know may be advised as to the
merits of the case, CALL reporter yester-
day interviewed several lawyers OF high
standing in this City as 10 the legal posi-
ton OF the Republican committee OF which
Mr.. Manwaring is chairman and of the
Republican County Convention of which
Thomas d. Riordan is chairman. They
on the soundness of the opinions advanced
by them, and for that reason those
opinions are entitled to the respectful con-
sideration of the people.
Judge S. c. benson, one OF the best
known lawyers in the State of California,
said:
1.-The regular Republican County Con-
vention, of which the Hon. Thomas D.
Riordan Is chairman, was called by the
regular County Central Committee, which
derives its title and claims its genealogy
for years back as the controlling body OF
the Republican party in this County. l
know OF no reason why it should not be
recognized as the legal organization in
control.
81 understand that it's authority is aues-
toned only by some gentlemen who were
elected delegates, or who claim to have
been elected delegates, to the National
Convention at st. Louis, and who were
recognized as such by the National Com
mittee and the National Convention; but
don't understand that, under party law
or usage, such delegates have any juris-
diction over county, State or municipal
affairs. They are simply creatures of the
Congressional district convention, and
nothing else.
81 don't know what authority they have
in the district where l live greater than
that exercised by the County Central Com
mlttee of-say Alameda County, or of any
other district, Congressional or otherwise.
II they have any authority from the Forty
first District, in which l reside, know of
no reason why the delegates of the South
ern Congressional District, or of any other
district in the State, should not also claim
like authority. In short, / do not under
stand that they have any such authority
at all.
THE Fourth Congressional District
Convention having performed its duties
within its powers has become functus
ofhc1o, or dead to the world to use
homely phrase. Its only remaining power
would be to fill whatever vacancies may
occur in its Congressional or Presidential
electoral nominations"
Thomas d. Riordan said:
I'm the first place, conceding for the
sake OF the argument that the decision of
The National Committee seating Messrs.
spear and Kowalsky was correct, all that
committee decided was that the conven-
ton which nominated those gentlemen as
National delegates was the legal conven-
tion OF the Fourth Congressional District.
A Congressional district convention is
formed for the purpose of electing dele
gates at large to the National Convention
congressman, Presidential electors, State
Committe men, and there Its duties and
powers cease.
Now. the Kelly and Mahoney people
claim that the Fourth District Congress
sional Convention can go further than
that simply because they inserted the
words and such other business as may be
brought before it but those words appear
IN every call, and the fact that this phrase
IS inserted does not mean that they can
cali State convention or that two years
from now they can appoint county COM
mittee or anything eIse."
The Fourth Congressional District
takes in only little more than one half
OF San Francisco, but 1t does not take in
all the wards, and they lie when they
make that statement. Their claim rests
on the fact that the wards touch the
Fourth District, but there are only a few
houses in that situation and not more
than ten votes. The vast area of terri