The San Francisco call., 1898-10-20
PHELAN'S COLONIzERS
 NOT RESIDENTS
Continued from First Page.

rary purpose merely, or for the purpose of making it your home?
 Section 12S9. The Board of Election, in determining the place of residence of any person, must be governed by the following rules, as far as they are ap- plicabe:
 
 "3. A person must not be considered to have lost his residence who leaves his home to go into another State, or pre- cinct in this State, for temporary pur- poses merely, with the intention of re- turning.
 A. A person must not be considered to have gained a residence in any pre- cinct into which he comes for tempo rary purposes merely, without the in- tent1on of making such precinct his home.
 
 "7. The place where a mans family resides must be held to be his residence; but 4 it be a place of temporary es- tabHshment for his family or for tran sient objects it is otherwise.
 "s. The mere intention to acquire a new residence. without the fact of re- moval, avails nothing; neither does the fact of removal without the intention" :" Here is to be seen the remarkable fact that Mayor Phelan sets himself up as being above the law, for, of course, 1t Is not to be supposed that he had not fully advised himself before taking his stand in the matter. Other lawyers, and those the best in the city, are of different opinion from that of the hefting Mayor. These gentlemen agree with the code, and they say that no one of the men who temporarily changed his residence in order to be- come eligible for candidacy will be en- titled to take his seat if elected, and they say that it will be an easy con- tract to Oust them all from the posi- tions.
 Among those who are directly inter- ested in this question is Registrar of Voters Biggy. Mr. Biggy has done good work in purging the great regis ter of fraudulent voters, and naturally the public would like to know what stand he will take in this matter. To a Call reporter he said last night that had not MT. Murphy resigned he should have cited him to appear before the Election Commissioners to show cause why he should not be stricken from the rolls. He said that Murphy's case was the only one which had been brought to his attention, and when asked what he would do regarding Deasy, Byington, Bartlett and Cutie he declined to go on record, and said his future actions would speak for themselves.
 MT. Biggy said: eff I find that man has not compiled with the law in every respect l would treat him with the same consideration as I would the humblest citizen of San Francisco. Ac- cording to the law, the place where a man resides is his home, and he has no right under the law to leave his family and take up a residence in any other portion of the city, where he has no intention of remaining. 1 have no right to question a mans right to change his residence, but l have the right to question the registration of man who leaves his home and goes from one precinct to another. The Call has brought this to light, but since 1t has been called to my attention l have been looking into the matter.
 MT. Murphy is a man with family and took up Q residence in a precinct other than the one in which his fam fly resided. In his case I would have been compelled to follow the law and cite him to appear before the Election Commissioners had he not resigned. What my actions with the others will be in the future they will have to speak for themselves. The law is here and will have to carry 1t out to the letter" MT. Bfggy seems to have overlooked the fact that he has nothing to do with the candidacy of the men in question. What his duties call upon him to do is to question the right of these men as voters. Their names are on the great register and they are there as voters. Whether MT. Murphy is a candidate or not is not the question. He is on the great register as a voter from the Ninth Ward and he lives in the Eleventh Ward. It is the duty of the Registrar to purge the register of that name.
 Jeremiah Deasy admits that his resi- dence in the Tenth Ward is temporary and for election purposes. Lewis By 1ngton's residence in the Seventh Ward. Lewis Bartlett's residence in the Third Ward and Isadore Gutte's residence in the Fifth Ward are all admittedly tenn porary. The law is plain and specific on this point and 1t is Mr. Biggy's dutyr to enforce that law. He says he will treat all alike This being the case let him cite Isadore Cutie, Jeremiah Deasy Lewis Byington and Lewis Bartlett be- fore the Election Commissioners to show cause why their names should not be stricken from the great register.