The record-union., 1898-09-24
DECIDES IN BARRYS FAVOR.
SPELLING NOT THE REGULAR
NOMINEE.
secretary Of State Browns Dec1-
sion In the Barry-SpeIl1ng
Ticket Matter.

Ticket Matter.
Secretary OF State L. H. Brown yes
terday rendered his final decision IN the
matter of the contest between JallieS
II. Barry and T. Carl Spelling Oh San
Francisco, both of whom clalmeu "
have received the regular Democratlc
nomination for Congressman Tor the
Fourth District, and in accordance
with such decision he will place the
name of James H. Barry on the tlcke'
to be voted on in November.
Spelling was notified by the Secre-
tary of State that the matter had oeeh
decided adversely to him, ana lele-
graphed a protest against the hllng ol
Barry's certificate Of nomination. Inc
protest was as follows:
IL. H. Brown, Secretary of state:
protest against filing Barry's certln-
cate on the ground that the party ulu
not poll per cent. of the vote at the
last election. See returns ana your
opinion in Populist case. NO such
protest against mine.
1T. CARL SPELLING"
But the Secretary of State was not
counting the vote taken ON congress
sional candidates, but that taken on
Presidential Electors, and Barry's GER
tificate was duly filed. Mr.. Brown Tor
warded the following telegram to Mr..
Spelling:
Il cannot consider your protest. Vote
for Congressman in the Fourth District
not considered. / count the Electoral
vote. l.. H. BROWN.
Tho onipior ro,,anarH6 hv Secretary OF
State Brown is extremely interesting,
as it creates a precedent for future
guidance in the settlement of individ-
ual and party contests. The full text
follows:
SPELLING BARRY DECISION.
In the matter of the contest between
#. Carl Spelling and James H. Barry,
relative to their respective nominations
for Congress in the Fourth Congress
sional District, 1 find the facts to be
as follows, to wit
Said Spelling and Barry are mem
bers of the Democratic party, and
each claim to be the rightful nominee
of said party for Congress. Certificates
of nomination, which appeared to be
regular upon their face, We're pre-
sented to me, for filing on September
10, 1898, by said Spelling and Barry.
Objections were made by the parties
concerned to the filing of either OF
the certificates named. Monday, Sep
tember j, 1898 a hearing was given,
at which time arguments were made,
and protests and briefs were filed.
T. Carl Spelling was nominated by
a convention, called as set forth in
his statement of facts, by Congress
sional Committee of the Fourth Con-
gressional District, being a subdivision
of the city and county of San Francis
CO. Mccall for said convention was pub
lished in any newspaper but notice Of
the holding of the same was sent by
postal card through the mail to per-
sons who were appointed as delegates
to said convention by said Congress
sional Committee.
The convention which nominated T.
Carl Spelling was held at B'nai Birth
Hall, Saturday evening, August -,
1898. The proceedings of said conven-
ton appear to have been regular and
in due form.
The origin of the Congressional Com
mittee, mentioned herein, is declared
by w. s. Winfrey and r. S. Millsaps,
before a Notary Public, to have been
as follows, using the words of said
w s. Winfrey:
In June 1896, I attended a conven-
tion Of the delegates who a few days
subsequently attended the State Con-
vention at Sacramento, and were ad-
mitted in said convention to represent
the Democratic party, of that part of
the Democratic party Of the State Of
California residing in the city and
county of San Francisco, and the
Fourth Congressional District. At said
assemblage of delegates I, together
with r. Millsaps, was in attendance as
spectators interested in the proceed
ings The convention was duly organ
lied and the proceedings were regular
ly conducted, and James @. Mcguire
was nominated for Congress by accla-
nation. At the close of the nominating
proceedings the Chairman left his place
and one of the delegates was called to
the chair, because some one suggested
that a Congressional Committee be
appointed to manage the campaign, as
It was still a little uncertain whether
the delegation would be seated in the
State Convention, its right being dis
puted by another organization.
Upon the motion and suggestion thus
made, several names or Congressional
Committeeman, seven l think, were
suggested and they were appointed by
the Chair, one of them being named as
Chairman. Immediately upon ad-
1ournment one Of them arose and called
a meeting; five were present and he
told them to meet him as a commit
tee the next evening at his place of
business on Mission street, the exact
number Of the place l have forgotten.
! attended the meeting on Mission
street and all the members of the COM
ynittee attended. l went there prin-
eipally to be employed to distribute lit
erature and keep the headquarters for
the committee and was employed,
without any definite compensation be-
ing fixed.
The committee met two or three
times during the campaign and held
one or two public meetings in it's ca
pacity as the Congressional Commit
tee of the Democratic party of the
Fourth District.
II have read the affidavit of E. j.
Reynolds and agree with him in all
his statements concerning a meeting