The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-11-29
MELLEN'S
BLUFF.
It's CIeverly Made But 1t
Doesn't Work.
Candidates Throw His Advice to the Winds
and Take Out Nomination Papers,
The Spy's Point Of Illegal
Caucuses Appears to
Be Well Taken.

The local democracy is still aghast
at the dilemma into which it has been
placed by the carelessness of the Off
Gals of the city committee.
The Sunday Spy's exclusive and great
sensation relative to the probable il
legality Of the democratic primaries, is
still the talk among the members of
that party, and the great majority of
its voters have accepted the situation
with as much grace as possible, and
are preparing to secure their repre-
sentation in the city council through
the only avenue left open-the filing OF
nomination papers for the various can
didates to run at the polls.
Notwithstanding the fact that the
chairman of the city democracy, Alder
man James Fl. Melen, has spoken
through his official organ, the so-called
republican Telegram, to the effect that
the ceucuses were legally called and
legally held candidates for various
Offices on the municipal ticket are tax
ing out nomination papers in order to
slider inevitable, unless their position
is made secure in this way.
Nomination papers were taken out
yesterday from the city clerk 5 Office
by j. Henry Meagher and Peter $. Gal
agher and by Thomas Dean. Mr.
Meagher and Mir. Gallagher are the
candidates nominated by the democratic
caucuses in wards three and four, re-
spectively. MIR. Dean was one of the
a II l14,Aa i'm
ward four This action on the part of
these three democrats bears out the
truth of The Spy's exclusive story, and
will undoubtedly be followed by sew
eral other members Of the party who
were nominated at the caucuses Friday
night.
Lawyer John =. Sullivan of the firm
of Sullivan & O'Connell has been con-
suited by many democrats, since the
publication Of The Sunday Spy's story,
and has advised every candidate nom
mated by the caucuses to tGke out
nomination papers. Mr.. Sullivan has
carefully studied the law, and IS OF
the opinion that the point Of lIlegality
raised by The Sunday Spy is well sus-
tanned by the facts, and that the only
safe course for democratic candidates
to take is to secure their nominations
by the means of nomination papers.
Chairman Mellen of the city demo3fa-
CIV was seen by a Spy man last night,
after the board of aldermen had con-
Guided its meeting, and was asked
about the matter. He insisted upon
the legality of the caucuses, and
claimed with some force that the call
was legally issued eighteen days be-
fore the caucuses were held. He point
ed with some emphasis to the fact that
the call for the caucuses had been pub
lished in the Worcesterd papers more
than seven days prior to the date OF
the primaries, and held that this COM
pletely disposed of The Spy's point.
The section upon which the chair
man Of the city committee bases the
claims Of legality is section 100 of the
codification of the caucus laws, enacted
last winter. Here it is:
Section 106. At least seven days
prior to the day named for a eau
Gus, the city or town committee
shall issue notice that such eau
Gus will be held stating the place,
the day and the hour OF holding
the same The hour shall not be
earlier than 2 o'clock in the after
noon. nor later than half-past
o'clock in the evening. Notices rel
ative to the fling of nomination
papers or for caucuses shall be
more local newspapers IL there are
any.
Section 1O4. Of the same act. upon
which The Sunday Spy fixed its claim
of ilIegality, is as follows
Section 104.-NotiCes Of caucuses
in said cities or towns shall state
the place where, and the day and
hour prior to which, nomine.Aon
papers shall be filed, and the day
on which the several caucuses will
be held. and shall be issued not less
than eighteen days prior thereto.
According to the claims offered by
Chairman Mellen, the second section,
above referred to, abrogates. or quail
fies the first, but there Is hardly a law
yer in the city who would give his
opinion this way There can be no
doubt but that the notice for the eau
cuses should have been issued at least
is days before the date for holding the
same and to bear out this argument
attention is called to the fact that Mr.
Mellen. in his article in yesterday
mornings Telegram, asserts that
Notice was signed and issued by
the officers of the city committee.
Monday Nov T. IS days previous
for holding the caucuses, as section
104 requires.
If this is a fact. then there is no ne
cessity on Mr.. Mellens part for quot
ing section 106 which relates to the
publication Of notice at least seven
days before the caucuses are held. If as
the chaiman Of the city committee
says in his republican organ, yester-
day morning, the notice was signed
and issued he has been taking Goals 10
Newcastle, in quoting section 1906 to
show that the IS days notice is not
necessary.
But The Spy maintains that the no
tice was not issued on Monday, Nov
7, as alleged by Chairman Mellen Of
the city committee. If it was, it was
issued Illegally, and without the au-
thority of the democratic city commit