The San Francisco call., 1898-04-02
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eAAAJ iS4E1~S't EA s~s3~iAS 'NA - q "t''i,t' -'' ''5' -. .i''} .; q .4X3oop10aU-u0 u0UUUU1Ua : SAN JOSE April 1.-In the: use of this. unequivocaL language in a letter addressed. to c. B. Smith, there was committed, SO it is. claimed by attor- :: :neys- of standing . a. violation of the purity of elections law by A. B. NIcNeil. " Smith is the candidate for Mayor on the New ~ Charter Club ticket. McNeil is cain :. didate for the same high honor, and, is T. in the field, as he claims. against both Smith and Charles J. Martin, the lat ter being the straight-out gang can didate for Mayor.
 ;. It is common report about town that : NcNeil has been forced into this fight : by a gentleman very close to-. Boss Rea and who. is. also very much in ,. terested in the success. of Martin. The ? influence used on .N1cNeil, it is further < reported, was a financial obligation.
 His part in the coming contest of ballots is to be that of stalking horse to draw votes: from Smith and thus aid :. in the possible election of Martin. -=* No one outside of AIcNeil himself has
 
 hundred votes to McNeil,. but should the election be close. this might be enough to defeat Smith and elect Mar tin. '. =. .... ...
 >.. It"is the opinion of many, judging from the course taken by MCNeil in E. writing this. letter to Smith, that the < gang hoped to eompronlise. Smith and so possibly prevent. him taking the chair if. elected. .-+I' .. -:
 s Here is. McNeiFs characteristic letter + in full: =. - SAN JOSE, Cal, March 24, 1898 ;. s. E. Smith, San Jose, 'Cal-Dear Sir: This note: the last one, l hope, of this ." campaign,~I wish to address you person. ally, in strictest contidence So far as l : am concerned 1t will never see. the light. :. ] hope you will receive 1t in the spirit in which it is. written, for l have but the good of this" city at heart. Inclosed Publication for this week, which will be issued on Saturday. Thereiu'Nou will see my views of the political gang" of San Jose, which, like viper, 'enclrcles our threats and threatens: our destruction. Something should be done. and at once, 10 absolutely insure our. success on Aprll Z Il. Without that something all may be wrecked. l need not, | can. not tell you the sources of my strength; as a candi- date for the mayoralty.. They are posi- tive, however, social, labor. traternal, DO litiCal, religious, ianti-Sang equally with ization, and yet loyalty itself in my be-
 half. Connections and relations. Il have
 made make impossible the thought Of my
 withdrawal from the field: Wll'you not recognize this necessity in, my behalf? l
 have made sacrifices in this campaign.
 both personal and financial, beyond your
 knowledge or my means. Should these
 sacrifices not be shared between. us? l
 write but the earnest truth when affirm that circumstances are. such. against you 5. that neither you nor any llNlnS man sit
 uated as you are can circumNent You cannot be elected Mayor. It is a physical . fmpossibility With your aid l can be,
 I lx0n fI1lll- whereof I write Far
 be it from me to wound, to offend. Do not charge such 8 thought against me.
 Moreover, whether you believe me or not
 still believing in your purity Of motive ,. and your sincerity of conviction, there is
 no one man in San Jose who holds you in
 higher personal esteem, or who, within
 his means, would dc. more for you po
 ntically speaking than myself. But we
 are facing a crisis in municipal affairs,
 and 1t will not down. 1t must. be met -manfully, courage geousy, and principles must rule the day. If you will consent to permit the withdrawal of your name for the mayoralty you can command me and
 my services for any other office; present or future, within my power. Whatsoever action is taken it must be done between now and Saturday next: shall be pleased . to meet you personally if conference is desired. Very truly yours ,,.,-t,rr <~.I have thus far printed but twelve copies of the inclosed sheet. Seven are used elsewhere, yours is the eighth and have the remainder. Should my plan be
 carried out several of the articles now in will be omitted new matter will be written and the entire list Of candidates 2 this present issue there will be two more . of red-hot campaign literature. M. .
 Had Smith agreed to the conference asked for by McNeil, the developments : would probably have been such: as to : disqualify both from holding the office =-of Mayor even if elected, As the mat ter now stands McNeil has, so it is claimed, committed a felony in making this offer to Smith, and has also dis qualified himself from holding the office should he be elected to fill it. Under the circumstances a vote for McNeil will be worse than thrown away-it will virtually be one for the "gang" candi date for Mayor. In the postscript to "' .AIcNeil's letter 2 sheet is referred to. This is circular printed weekly by 2: McNeii to further that gentlemans . campaign: In that postscript the offer to print 'the entire list" of candidates is also construed to be a violation of the purity of elections law. The claim is : made that McNei has violated section g. II, paragraph s of this law, which reads as follows:
 t- Whenever any candidate for public or agrees to pay, lend or contribute any money or other valuable consideration to or for any person in considera- tion of any person withdrawing as a can didate for public office or Presidential elector at any election held within this State ." such candidate shall in ad- dition to the punishment prescribed by the laws of this State. or by this act, for felt any effice to which he may have been elected at the election in reference to which such crime or offense was. com mtted.
 For violation of this law, section 61 of the Penal Code provides as follows:
 Every person who willfully violates any of tho 0rnViSiOnS of the laws of this Sta a relating to elections is, unless a different punishment for such violation is pre- scribed by this code. punishable by a fine the State prison not exceeding five years, or by both.
 It is further claimed that McNeil has also violated section 19 of the purity of elections law, which reads as follows: