The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
A Case of National Legal Inter.
est and Much Local Politi.
cal Importance.
LAW. FACTS AND SMALL PULLS
The Fight Between Buckley and
Rainey Is Now Where McNab
Has No Proxies.


accept the Buckley municipal ticket as
the Regular Democratic ticket was pre-.
sented to the court.
The court at once granted an alternative
writ OF mandate, directing Registrar HIM
ton to show cause a week from next
Friday, the 18th inst, why the writ prayed
for should not be granted.
The case is Of especial local interest, be-
cause it will determine the legal standing
of not only the rival factions in the Demo
cratic party, but also the legal standing
of the KellyMahoney faction-if it may
be called "fsction"-in the local Republi-
can party.
The case will acquire National reputa-
ton in legal circles because it will be a
highly Important addition to the very few
pertinent cases which have got into the
books since the Australian ballot law
has been adopted, in one form or another,
by nearly all the States of the Union.
The Australian ballot law recognizes
political parties as legal entities having
rights and equities. Under the old laws
political organizations were mere voIun-
tary associations having no more legal
standing than voluntary mass-meeting.
Under the new law political convention
given powers and equities.
Section 1885 of the Political Code says
ANY convention, as hereinafter defined,
held for the purpose of making nominal
tions for public Office, and also electors, to
the number hereinafter specified, NAV
nominate candidates for public office to
be filled by election within the State.
"a convention, within the meaning OF
this act, is an organized assem- lage of
delegates representing political party,
which at the last election before the hold
ing of such convention polled at least 8
per cent of the entire vote of the State,
county, district or other political division
for which the nomination is made"
The question is, Does the Buckley or
the Ralney convention represent the
Democratic political party which did un-
questionably poll per cent of the Vete
cast at the last electionP
The petition filed yesterday by the
Buckleyites was filed in the name of D. A.
Macdonald, the candidate for Superin-
tendent of Streets, who for legal purposes
represents the entire ticket. The opera
ton was attended to by Attorneys Joseph
Rothschild, Friedenrich, Heggerty, Hum
phreY and Dunno.
The case of the Buckieyites is not at all
displayed IN the long petition fled. The
petition simply recites at much length a
story to the effect that the ticket filed is
the regular Democratic ticket entitled to
recognition under the law.
None of the disputed facts in the case
and none of the important legal conten-
tentions are reclted in the petition. These
things must appear from the pIeadIngs OF
the opposition.
The case is looked upon by lawyers as
one of National Importance. The new
election law of this State, as do the new
election laws Of most other States, recog-
nizes a political convention as a thing
having rights and equities. The court
Il
equity without going into the facts of the
case.
The Buckleyites are generally recog.
niZed among lawyers as having far the
best of ii, as far as both the facts and tn e
law are concerned. The facts show that
the Buckley organization is the regular
one, when the continuity of the political
organiza alton is considered, and the COM
paratively few pertinent decisions that
have been rendered since the Australians
ballot law has been established are all in
favor of the contention of the Buckleyites.
The Junta gains the prestige and posi-
ton wholly from the fact that the Demo-
cratic State Central Committee and the
Democratic State Convention recognized
it This recognition, however, was, as is
we'll known, bestowed as matter of po-
litical policy and pull, and without any
consideration whatever of the facts in the
case.
that the Junta was the result of bolt of
a minority from the regular party general
committee.
The bolt was made during a stormy
meeting at Metropolitan Hall, when Gavin
McNab ordered the lights in the hall
turned out and when, amid pandemonium,
Chairman Watkins of the boilers arbi-
trarily declared the general committee
adjourned sine die without putting the
question.
The regulars" had a large majority of
the meeting, but the boiling minority set
up an independent organization, and
later, by making it matter of political
expediency and not matter of right, Sc
cured recognition from the State political
bodies.
Now. for the first time, the Buckleyites
come to the front with a chance to secure
in an impartial court what they did not
get amid political turmoil-fair considera-
ton of their claims to be the regular
party through their representing at all
times a majority OF the mem bers of the
regular party organization.
The field of facts involves not only that
stormy meeting when the McNab- Rainey
minority turned out the lights and broke
up the meeting. but it involves the author
itv of that Deuprey committee which so
arbitrarily created the Junta organiza-
ton.
It is thought that if the court decides to
go into the facts the case will be referred
to a commissioner. The Buckley lawyers
do not think the Supreme Court will take
any particular notice of the action of the
State Convention.
A State convention has no legal author
itv to construe laws, and where legal
equities are involved its action has no
weight. A Democratic State convention
might recognize Populist. Republican or
Prohibition delegation as the regular"
Democratic delegation, but that, it IS
argued, would not. destroy the equities
under the law of the regular party organl-
cation within the territory it represents.
One of the decisions the Buckieyites
have ready to present is a New York case
which, like all the other parallel cases re-
ported, sustains their contention. In the
New York case the Court OF Appeals said
that State convention might recognize
thn urronn r,annle and that its action did