The record-union., 1898-09-24

at Pythian Castle on August 6, 1893,
The said committee which there held
meeting was the aforementioned Con-
gressional Democratic Committee of
the Fourth District, only some of its
original members being absent, and
had resigned or moved out of the city.
At that meeting a quorum was an
nounced and Mr. Reynolds and one
other person by the name l think of
Meyer, were elected to fill vacancies.
L was invited to attend the meeting
by general invitation given openly at
the meeting of the Democratic Club
at Pythian Castle. A considerable
number of Democratic voters besides
the committeeman attended the meet
ing held on the 9th of August, 1898. 1
did not ascertain exactly the number
of persons present but feel safe in say
ing there were as many as twenty
five to thirty. The meeting was
turned into a mass convention and or
ganized as such on a resolution or mo-
ton of the committee, and went
through the form of appointing a new
Congressional Committee but as the
same men were re-appointed 1 did not
see any point in the resolution. Be
lore adjourning it was announced that
there would be another meeting of the
Congressional Committee in a day or
two to call a convention for the nomi
nation of candidate of the Democratic
party Of the Fourth District for Con-
gress. / know that a meeting was
held in the early part of the following
week and a call was regularly issued
and delegates elected and duly notified
by the Secretary, for a convention to
be held at Bnai Birth Hall on August
l5, 1898, at o'clock p. m. 1 was not
appointed a delegate and did not at
tend"
An affidavit of E. ]. Reynolds, re-
ferred to in the sworn statement of w.
,. Winfrey, mentioned above, was pre-
sented to me. Said E. ]. Reynolds, in
said affidavit sets forth that he became
member of said Congressional Com
mittee, about August /, 1898. Also
that upon said date there was a meet
ing OF the committee at Pythian Cas-
tie, 9O912 Market street, San Fran
cisco. He also corroborates the state
ment OF said w. S. Winfrey, relative to
the mass meeting held, the reappoint-
ing OF the Congressional Committee of
seven, etc. In the statement sworn to
by +. j. Reynolds is the following, to
wit:
said convention was held at B'nai
rlth Hall; there We're over fifty per-
sons present but I don't know how
many more over that number signed
the roll Of delegates. All the proceed
lhgs were publicly conducted and the
notices to delegates of the time and
place of holding said convention were
printed on postal cards and mailed to
each person appointed as such two days
before said convention and in ample
time to attend"
1t seems the Congressional Commit
tee was created or reappointed at
meeting Of citizens held about August
L, 1898, some thirteen days prior to the
nomination of Spelling
1t has been impossible for me to as
certain the names of the Congressional
Committee of seven, said to have been
appointed by the convention which
nominated James G. Mcguire for Con-
gress, in June, 1896. The existence of
said committee, prior to the meeting of
citizens held August 1, 1898. has been
testant, James H. Barry
find the names of seven persons
constituting the committee appointed
at the citizens meeting held about Au-
gust 1, 1898. Their names appear in
a sworn statement made by Jacob S.
meyer, in giving the proceedings of a
meeting OF said committee held August
IL, 1898, at which meeting the dele
gates to the Congressional Convention,
Whlch nominated T. G. Spelling, were
appointed by the committee. At a
meeting Of said committee held at 10
a. m, August 13, 1898, J. NJ. Chase was
elected Chairman of said committee.
AT previous meeting of the commit
tee j. S. Meyer was elected Secretary of
said committee
James II. Barry was nominated by
convention held at Sacramento. Cali
fornia, August IS, 1898 Said conyen-
ton convened pursuant to call issued
Dy the Democratic State Central Com
mlttee- There is no dispute as to the
regularity Of said call nor to the hold
ing OF said convention, its organization.
proceedings, etc.
Section ) of said call provides: s"The
delegates chosen as delegates to the
State Convention shall also be delegates
to the District Conventions of their re-
srective districts for the purpose of
nominating candidates for the offices
OF members of Congress, Railroad Com
missioners, and members of the State
Board of Equalization They shall
also select Congressional Committees
for each of the Congressional Districts
of this State, and perform such other
business as may properly come before
said State and District Conventions.
The District Conventions above re-
ferred TO are hereby called to meet at
the same time and place as the Demo-
cratic State Convention"
The call for said Democratic State
and District Conventions was issued
and published about August l. 1898
some thirteen days prior to the meet
Ing of the convention that nominated
7. c. Spelling
THE CONTENTION.
The question to be decided is. wheth-
er delegates to Congressional Con-
vention shall be elected or appointed
pursuant to a call issued by a Con-
gressional Committee or by the State
Central Committee. 1t is contended
by L. Z. Spelling that in the absence
of Congressional Committee a body
OF citizens can get together and ap-
point a committee to act for the party
IN the district; further, that a Con-
gressional District is a political sub
division, independent of a State Cen
tral Committee. the same as a political
party in county, in calling a coun-
~ convention for the nomination of