The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-11
Appeal of Warning
PopuIists.
ARGUMENTS BEFORE BROWN
SECRETARY TAKES THE CASE
UNDER ADJUSTMENT.
Fusionists and Mfddle-of the Road
sters Disagree as to Which
Should Be Styled the
peoples Party"
Special Dispatch to The Call.

SACRAMENTO, Sept. 10-Secretary
of State Brown to-day listened to ar
guments as to which faction of Popu-
lists of this State should have party
designation on the tickets to be used
at the approaching election, and at the
close of the hearing announced that
he would give his decision on Monday,
or after he had completed an investiga-
ton into the facts of the case as laid
before him in documents filed by the
warning factions. There is a POSSIBLE
ity that decision may not be reached
Monday and not until witnesses have
been heard touching the points In
volved.
Thomas V. Gator, representing the
middle of-the-road Populists. put in
the time of the morning session, held
in the Supreme Court chamber, in
reading the petitions of his faction. He
laid stress on the contention that there
was no objection or protest in the DEM
ocratic State Convention against fu-
sion, or in the Silver Republican con-
vention, and that by reason thereof the
fusion candidates will, in any event,
have place and designation or desig-
nations upon the official ballot, even
though they be not allowed the right to
use the name Peoples party" and
without the circulation Of a petition;
whereas, If the candidates Of the
straight out Populist convention were
denied the right to file their certificates
of nomination under the name 'Peo-
pies party" they could have no place
upon the official ballot, without the
great expense of petition nor in any
event unless they misrepresented them
selves by taking name which would.
under the circumstances, be false, as
they were not and never had been any
thing but members Of the Peoples
party.
This afternoon, when arguments were
entered upon, Gator said the subject
involved legal consideration principal
ly, and that the Secretary of State
would have to look at the case simply
In its legal phases; He held that the
law clearly stated that a convention
was an organized assemblage of dele
gates, representing political party
which at a general election had polled
not less than 8 per cent of the votes
cast in the State. Now the question
was for the Secretary or state TO de-
termine, which party held the conyen-
ton as contemplated by law. Was 1t
the straight out Populists or the fu-
sionists? The Populists called the
convention and it has been decided that
the regularly constituted State COM
mittee of a party was the trustee or
agent of that party, bound to keep
within and never to exceed the powers
given it by the party creating it. When
this agent Gator continued, kept
within the scope of legal authority It's
actions were binding. Union with
other parties having a uniform plat
form was permitted by the call, but not
union with any party whose platform
disagreed with, or contained planks not
included in, the platform of the origi-
nal Populist party organization That
convention only is legal which at its
conclusion may have it's labors certi-
fed by the chairman and secretary.
|. E. S. Van Meter of Fresno ind Judge
e. A. Bridgford of San Francisco ap-
peared on behalf of the fusionist wing
of the Populist party. Their contention
was that the certificate of nomination
of James G. Mcguire as the Populist
candidate for Governor and various
other candidates mentioned in the GER
tificate of nomination by majority of
the delegates of the regularly organized
convention, called together under the
call of the State Central Committee of
the Populist party of the State. and
that the certificate signed by D. T..
Fowler as chairman and Carlton H.
Johnson as secretary was certificate
of nomination made by a pretended
convention of delegates who constitut-
ed a minority of the delegates to the
regularly called State convention of the
Populists, and that T. w. H. Shanahan
and the other candidates mentioned in
the certificate were not candidates Of
the regularly called convention of the
Populist party of the State of Califor-
MIA, but were attempted to be nomin-
ated by minority of delegates to the
regularly called State \ convention.
which minority withdrew from the reg
ularly called State convention after
having acted with the majority thereof
as set forth.
Interested witnesses to the proceed
ings were Seth Mann, chairman Of the
Democratic Central Committee, and J.
c. Spelling of San Francisco. Spelling
and James H. Barry are contestants
for designation as Democratic candi-
dates for Congress of the Fourth Dis
trict in San Francisco. Barry will be
up with his forces on Monday, when
the case will be heard