The San Francisco call., 1898-10-12
CANDIDATES MAY
 BE DISQUALIFIED
TWO DEMOCRATIC ASSEMBLY r
 NOMINEES.
James H. Kelly and James P. Booth Said to Have Been Placed on
 the Ticket Illegally.

There is a strong probability that the nominations of two of the candidates for i the Assembly on the Democratic ticket l will be declared invalid because of the ir- 1 regularity of the proceedings by which ] the nominations were made. Reference ] is made to the nominations of James H. Kelly in the Fortieth Assembly District and James P. Booth in the Forty-third District. Both nominations were made by the vacancy committee of the Democratic municipal convention. The question in controversy Is fully set forth in the fol- lowing protest filed yesterday with Sec retary Of State Brown:
 SAN FRANCISCO, Oct. s, 1898.
 Hon L. H. Brown, Secretary of State Sac ramento. Cal.-Dear Sir; The undersigned. a citizen and elector of this city and county and more particularly of the Fourth Precinct of the Forty-third Assembly District, respect fully desires to call your attention to the fol- lowing statement Of facts:
 ventiCn met on September 29, 1S9S for the pur- pose of nominating eighteen Assembly ynen for the various districts comprising this city, to wit: From the Tweuty-eighth up 10 and in cludng the Forty-ffth District. When the Fortieth District reached NJ. C. IIaSsett a member Of the convention from the Fortieth District, asked that the district be passed ,or the reason that they had not yet secured a candidate Tor the position ana when the FOrty-third District was reached the same Call and Chronicle of September 50) Nomina- tions were not made for either of these dis rT1CrS subsequently Tor the reason that thS convention adjourned sine die on September g. According to law 9 committee on vacau- cies. consisting or nFe members was ap- pointed by the convention The certhate or nominations filed by the chairman and secre- tary of the convention does not contain the name Of any nominee for the forty-third, as we'll as for the Fortieth Assembly District. but the places for the names. well as for the residences are left blank: Attached to the certificate, containing all the municipal well the legislative nominees, Is so- called certificate, bearing no date nor the day of the meeting Of the committee on vacancies giving names of the original nominees for the above two districts, because none were made, cause for the existence of vacancies because none existed, and complying in way with the law of elections and particularly with Section 1192 of the Political Code of this State, having reference to vacancies and the power of the committee to fill them This so- the chairman of the committee, Thomas J. Walsh, nor by the secretary, Thomas Murray. of the committee on vacancies. and seems to be utterly valueless because the original tificate Is sworn to by notary public on Sep of the convention, whereas there is no notarial certificate attached to the nominations filed by
 The point at Issue, and the principal one Is that no vacancies existed for the committee to fill that the failure of the convention to make these nominations did not create va cancy Section 1192 also states that the tihcate of the committee must also contain the name of the person nominated and the name of the nominee Tn whose place he was substituted. Of course. where no nomi- nation was made originally no substitution can be made 10 fill any vacancy. The Sen ate of the United States has decided re- peatedy particularly in the cases Of the States Of Montana Wyoming and Delaware. and more recently in the State of Oregon in the case of H. W. Corbett, appointed by the Governor to fill the office of Senator, owing to the failure of the Legislature to elect that a failure by the Legislature to elect does not create a vacancy within the meaning of the constitution of the United States, and the Senatorial office remained vacant for the term until the next session of the Leglsla- ture These cases seem to be, absolutely identical, and the undersigned hereby enters his formal protest against the placing the ticket to be voted for Tuesday, November S. 1898, the | name of James H. Kelly of 1910 Devisadero l street, from the Fortieth Assembly District ! and the name of James P Booth of 901 Powell | street, from the Forty-third Assembly Dis trict, both Of this city neither of them hay l ing been nominated in compliance with the | acts of the Legislature governing the filling of | such vacancies. Respectfully yours.
 JULIUS SAJ'LMANN,
 232 Stockton street