The herald., 1896-10-03
NOMINATION CERTIFICATES
Must Be Filed Forty Days Before the
Election
Complications Which May Interfere
With the Election of More Than
One Fusion Candidate.

SACRAMENTO, Oct 2.-Secretary of
State Brown today received an opinion
from the attorney general to the effect
that where a candidate nominated by a
convention resigns and the vacancy is
filled by committee to whom the con-
vention delegated the power to fill va
cancies, such certificate of nomination
must be filed with the secretary of state
not later than forty days before the day
of election.
Acting on this opinion Secretary Of
State Brown has refused to put the name
of Marion de Vries on the ticket as the
Populist nominee for congress. De Vries
is the regular Democratic nominee and
C. F. McGlashan was the Populist NOM
inee. Later the Populists fused on De
Vries in hopes of beating Grove L. john
son, and asked McGlashan to resign.
McGlashan refused to do so until a day
or two ago, when he complied and with
drew from the contest. According TO
the attorney general it is now too late for
De Vries to appear as fusion candidate,
it being less than forty days to election.
De Vries could get on the fusion ticket
by petition, but it would require over
1900 signatures, and the time for filing
petition expires tomorrow at midnight.
Secretary of State Brown tonight
wrote to w. H. Alvord, chairman of the
state Democratic committee, denying
his protest against the filing of any cer-
tificates of nomination containing the
word Democrat" The protest was
aimed at the party of gold Democrats.
The non-partisan convention finished
it's labors tonight and perpetuated the
organization by appointing q. county
committee of 25O members. The legis-
lative ticket was made up as follows:
Senators-Seventeent district, Sam
T. Braunhart; Nineteenth, Cal Ewing;
Twenty-first Hugo K. Asher; Twenty
third, M. J. Walsh; Twenty fifth, John
Fay.
Assemlymen - Twenty eighth dis
trict, E. F. Lacy; Twenty ninth, John
Allen; Thirtieth, Eugene J. Tarmon;
Thirty first, James S. Brady; Thirty
second, John Power; Thirty third, Geo.
B. Godfrey; Thirty-fourth, P. D. Code,
jr; Thirty-fifth Joseph McTighe; Thir-
ty-seventh, w. L. williamson; Thirty
eighth D. ]. O'Brien; Thirty ninth, ].
R. Glassford; Fortieth, S. M. Bettman;
Forty first, D. Fehnemann; Forty-sec-
ond, Lorenzo A. Henry; Fortyfourth,
Joseph F. Martinoni; Forty-fifth, Will
liam H. Gately.
w. S. Barnes was nominated for dis
trict attorney.
HINTON CITED
| The supreme court issued two alter
native writs of mandate this afternoon
citing Registrar Hinton to appear be-
| fore that tribunal at 10 o'clock next Tues
| day morning and show cause why he
! should not place upon the official ballot
| the municipal, legislative and judicial
| tickets nominated by the regular Re
publican convention that held it's ses-
sons in B'nai Birth hail.
| For several days and nights A. Reuf,
A. ]. Morgenstern and A. Barnard have
been busily engaged in preparing two
petitions setting for the grounds upon
| which the writs should issue. One pc
| tition goes to the whole municipal ju-
dicial and legislative ticket and is sworn
to by D. L. Farnsworth, the regular Re-
| publican nominee for superintendent of
streets. The second petition goes to the
| legislative nominees within the Fourth
congressional district and is similar to
the other blanket petition except that 1t
cites the fact that the certificates of
nomination of the legislative nominees
which were filed with Registrar Hinton,
on September 26th were not returned
by him until September Goth. AS the
| law requires that the registrar shall
act forthwith upon the presentation of
certificates of nomination, his holding
| of them for three days is claimed by the
regular Republicans to constitute legal
| filing The Fourth district legislative
petition is sworn, 10 pSy James B. Brown,
candidate for the senate from the Sew
enteenth district
| The petitions were presented to Chief
Justice Beatty, who read them carefully
and referring to the detailed reference
to the party organization remarked that
there. was no provision for the court
going into the trial of those points and
that it would confine itself to questions
of law.