The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-28
Factions Before the
Supreme Court.
CASE FINALLY. SUBMITTED
A. WARM PASSAGE OF WORDS
BETWEEN COUNSEL.
Attorney Gator Resents the Applica-
ton of His Acts at st. Louis
Convention as an Illus
tration.

The struggle for the Populist party des-
ignation on the State ticket was resumed
yesterday before the Supreme Court in
bank, the seven Justices being in attend
ance.
T. V. Gator alone entered the lists for
the 'Middle-of-the-Road" .Populists, while
the fusionists had as spokesman Carrot
McEnerney, Senator Stephen M. White, E,
A. Bridgford and Judge Van Meter. The
parties at interest. agreed upon state
ment of facts in the premises and sub
mitted the case late in the afternoon after
each side had argued the law points in
volved
Mr. McEnerney outlined the situation at
Sacramento during the Populist .co1ven-
ton, July Il, IL and IA. He told of the
convention meeting on the first two days
in regular session and how the delegates
opposed to Mcguire and fusion called an
other convention in the Senate chambers
on the following day. He held that this
minority did not represent the Populist
party, but that the men who remained be-
hind and completed the labors of the
sentatiVes of the party. He argued that
the convention proper-not the courts
was the last resort of the Peoples party
Political parties, he declared, must be
treated like any unincorporated religious
or social organization. That the majority
rules has grown to be an axiom In Amer
lean pOlltlcS ana TelleI must De Sought
the party itself and not in the courts:
Secretary of State Brown when ming
the certificate of election was. not acting
IL Judicial Gapaaetyb he w SAID 10 aRd he f
certificate and not to decide any ques-
ton. He submitted that the Peoples
party had done It's duty, consequently
asked that a writ of mandamus issue.
Senator White grew sarcastic in his
summing up of the fusionists In speak
t1.a& no ~ not
prescribe rules of morals and behavior for
political parties. He insisted that the
convention was a convention of the Popu-
list party and said that Mr.. Gator and his
1t until his man was defeated. When they
did not get what they wanted fifty-three
of them withdrew and set up for them
selves.
He said If they were proclaimed the rep
resentatives of the Populist party that
they were subject to penal law punish
office On these grounds he said they
should not be before the court unless in
answer to habeas corpus proceedings He
spoke of the fifty-three boilers as "exiles"
of the Populisty convention and that under
the conditions they could not set them
selves up as the true and only represen-
tatives of the Populist ticket. Because
wishes of Gator and others reason
why they should set up a convention of
their own.
In closing he said they accepted the
platform of the Populists, showing that
they agreed upon the principles of the
party but disagreed upon the spoils.
Mr.. Gator made an earnest plea for the
persons he represents in the controversy.
He disputed the statement of his OPP
ponents to the effect that due notice of
the third days session had not been
given. He also said that Secretary
Brown had to decide which convention
represented the Peoples party, as each
had filed certificates. He claimed that
the minority were the only delegates
faithful to their trust. He said the dele
gates were trustees of the party and were
not supreme. That they became the only
trustees present when the majority re-
fused, as he claimed, to carry out the
wishes of the Peoples party The others
abandoned it by commingling with and
fusing with the other parties.
The only incident to ruffle the surface
of the proceedings was a short passage of
words between Mr.. Gator and Mr.. Bridg-
ford The latter in citing cases in IA
vor of his argument, said that two years
structed against fusion. On the journey
he changed his opinion and voted for
THAT is not true. Judge" interjected
Mr., Gator, 1.-The opposite is the case,
"Well, you voted for Bryan and came
back and voted for him." was the re-
joinder
The court took the matter of contro-
versy under submission. 1t has ninety
days in which to render decision.