The representative. [volume] (St. Paul, Minn.) 1893-1901, 1898-09-28

SACRAMENTO, Cal, Sept 14.--The
ticket of the "Middle-of- -the-Road" Pop
ulists is entitled to designation on the
official ballot at the coming election, to
the exclusion of the regular POpulists
This is the conclusion at which Secretary
of State Brown arrived today, after
studying the question for over a week.
Whether the supreme court. to which the
case will be appealed by the Peoples
party, will take the same view of the
controversy, is matter of conjecture
Following is a copy of Browns decis-
ion and acceptance Of the certificate Of
nominations as presented by the Road
sters:''
In the matter of filing certificates Of
nomination of Peoples party.
Having heard arguments of counsel
representing the two parties to the above
named contest, examined the briefs flied
and authorities quoted in them, and duly
considered all relevant facts connected
Herewith, my conclusion with reference
thereto is that the certificates presented
to me as secretary of state of the state of
California, for filing, signed by Edward
l.. Hutchinson, chairman and F. l. Greg
ory, secretary, in behalf of what l term
the Peoples party fusion, are not under
the law entitled to be filed.
Pursuant to section 1892 of the polit-
cal code, l return said certificates unified,
for the following reasons, to-wit:
That the Peoples party convention as
originally convened July u, 1898, ceased
to be convention of said party, by rea-
son Of its abandonment of the distinctive
party name of the Peoples Party ac-
complished by fusion with the Democrat
ic party, in failing to exercise it's right to
name a state ticket, but instead delegat-
ing to the Democratic party and the Sill
YER Republican organization the power
to name all but three of its nominees for
state and two district offices.
Under the call issued by the state CEN
trail committee Of the Peoples party,
about May A, $685. which is recognized as
the supreme authority of a political Or
ganization, were the following words:
ITO nominate candidates Of said party to
be voted for at the general election to be
held in 1898, for the following public Of
fees, to-wit:" Then follows the names
of all the state and district offices, o6 in
number From said 26 Offices the con-
vention of the Peoples party fusion
nominated as their own selection, and in
keeping with the report adopted by said
convention, July A. 1898, candidates for
the following offices, viz:
Lieutenant-governor.
Controller.
Superintendent of public instruction.
Member board of railroad commission
ers.
Member board of equalization.
Two members of congress, being out
of 26 offices to be filled.
In the "call' for said convention was
the following, which was unanimously
adopted by the committee: Hereby re-
solves that it is the sense of this commit
tee that a union or amalgamatiOn of po-
litical reform forces or parties In the
state Of California in 1898 should look to
placing of principles first, and the Sc
lection of candidates second. and that
the Peoples party should demand of such
other political forces desiring unity of
action, that said parties should by their
proper conventions frssagre and adopt
an identical or common platform of prin-
ciples. which all candidates desiring the
support of any of said parties must ac-
cept, and that such common platform
must precede any and all nominations"
No convention was held by either the
Democratic or Silver Republican parties
at the time, or prior to. the convention
held by said Peoples party pursuant t.
said call" The platforms Of all of the
three fusion parties are unlike.
On July IA, 1898, the committee of
seven on conference, for the purpose of
fusion, which was appointed July IL,
1898, by said Peoples party state con-
vention, after vote of 153 ayes to 1873
noes, made the following report to said
state convention, which was adopted, to-
wit: ITO the state convention of the
Peoples party of the state of California:
At joint meeting of the conference
committee OF the Democratic, Peoples
party and Silver Republican parties, it