The record-union., 1898-09-24

In the "call' issued by the Demo-
cratic State Committee for the State
and District Conventions, the various
County Committees were directed to
select delegates to said convention. as
the County Committee might determine
to be exped1ent. The governing pow
er of a political party during the in
terim of convention is recognized to
be in a committee, whether it be Ma
tional, State or county. A political
convention while in session is supreme,
so long as it rightfully represents it's
party.
The Democratic State Convention
that met in California two years ago
did not delegate any power to a Con-
gressional Committee, nor did the State
Central Committee of said party at
any time during the past two years
take any notice of said committee. The
State Convention of said party recent
ly held paid no attention to, nor did
it create, any Congressional Commit
tee, nor did any nominee for Congress
Of said convention appoint commit
tee to represent him. Each of said
candidates appointed an Auditing Com
mittee only, as provided by the purity
OF election law. There being no law
upon the subject, the representatives
OF a political party, i. e., the State
Central Committee, may change it's
modus operandi in calling conventions,
the election or appointment of dele
gates, making apportionments, etc
The only knowledge we have of the
existence of political parties between
the sessions Of political conventions is
through a Central Committee. 1t is
taken for granted by all concerned that
the members of a convention and
Central Committee, whether State or
county, rightfully represent the polit-
lcal party under the name adopted by
them. We have no assurance because
number OF citizens get together, ap-
point committee to act in calling and
holdlng convention, assume the name
OF political organization we'll estab-
Hshed and recognized by the same title,
that the citizens attending the meeting
and those comprising said committee
are members Of said political party.
There must be authority and response
b1Iity in all organizations, governed
either by law or usages. A political
convention regularly called and organ
lied is recognized to be supreme. 1t
delegates to a committee selected by it
of necessity and for convenience to act
between the sessions of a convention.
full authority to represent the party
in the name Of which the convention
assembled.
CONCLUSION.
1t is undisputed that there is a Dem
ocratic State Central Committee, the
validity of which is unouestioned.
There is also but one County Commit
tee recognized as representing said
party in the Fourth Congressional Dis
trict. The o-called Fourth Congress
slonal District Committee, under whose
direction the convention that nom
mated L. Z. Spelling. assembled, has
never been recognized by the Demo-
cratic National Committee, the State
central Committee, nor was it con-
s1dered by the late Democratic State
Convention Since the adoption of the
purity of election law in California. no
Democratic Congressional Committee
has acted, or even existed, except in
the single instance mentioned herein.
There was no default on the part of
any Democratic authority in calling
Congressional Convention in said dis
trlct for the nomination of a Congress
man; nor was said T. Carl Spelling
prohibited from seeking a nomination
from the same convention that nom
mated James H. Barry. In all the
Congressional Districts in California
the nominees of the Democratic party
for Congress were nominated by con-
Vent1ons called together by the State
Central Committee, delegates to said
convention being appointed or elected
by or under the direction of the County
Committees comprising said Congress
sional Districts.
In keeping with well-estabIished
precedents Of the Democratic party
in this State, considering party
customs, practices ard usages, and in
the absence of any law in California to
the contrary, /, as Secretary of State.
for reasons aforesaid, return the GER
tificate Of nomination of Thomas Carl
Spelling, without filing the same.
l file the certificate of James H. Bar
ry as the nominee for Congress Of the
Democratic party in the Fourth Con-
gressional District.