The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-10-21
WANDERING CANDIDATES
ARE NOW INELIGIBLE
John [. Love on the Legal Status
Of Those Who We're
COlOnized.

court puts the words every person in
italics) who willfully causes, procures OF
allows false registration is punishable,
etc.
l particularly call your attention to the
words who willfully causes, procures or
allows false registration" because this
expression runs all through the Penal
Code and the purity of elections act
Now, let US find out who is entitled to
run for Office and who is entitled to vote.
Under the constitution of the State,
man in order to vote must be a cltl-
zen and resident Of the precinct thirty
days: This means bona noe TesieentS e.,
one taken up in good faith with the in
tent to remain.
Section 1888 of the Political Code is as
follows:
the place of residence of any person must
be governed by the following rules:
81. That place must be considered and
held to be the residence OF a person IN
which his habitation is fixed, and to
which whenever he is absent he has the
intention of returning.
have gained a residence in any precinct
into WHICH he comes for temporary pur-
poses merely, without the intention of
making such precinct his home.
In the Examiner of October 10, 1893,
Mayor Phelan is quoted as saying
There is not the least suspicion of lille.
galfty about the temporary change OF
residence. The candidate went into an
other ward for a definite purpose
l suppose it is fair to ask what the pur-
pose was. Was it to vote for Mr.. Ma
honey for Senator, or Mr.. Some One Else
for Assemblyman, or for himself for Su-
peryisor. or for the greater glory Of Mr..
Sternberg must begin to feel that he has
been pretty badly treated. | would sug-
to Judge Wallace, who. sentenced Stern
berg to prison land of whom the Examiner
says: He is facile princeps as a Judge,
that he distinguish this case from the
SternheTP of not nOinttnR
out the culprits.
To show that the same idea runs all
through the election laWs-that is, that a
man must vote from his own home and
not around the corner-I call your atten-
ton to the law in regard to challenging
down, which the election officers must
put to be answered under oath, and
among others. these:
Section 1888, Political Code-1. When
did you last come into this county or cleo
ton precinct?
40. When you came into this county or
precinct did you come for temporary
making it your home?
20. Did you come into this county or
precinct for the purpose Of voting here?'
The lawmakers ought to have put in
another question: Did you come to run
for Supervisor?
Section 1889 reads as follows: 'eThe
Board OF Election, in determining the
place of residence of any person, must be
governed by the following rules, as far as
Il. That place must be considered and
held to be the residence of a person in
which his habitation is fixed and to which
whenever he is absent he has the fnten-
ton of returning
1 understand from the statements made
In your paper, which am taking all the
time as true, that some of the wandering
Supervisors have already announced that
so soon as the election is over they are
going home, whichever way it goes
Subdivision of this same section reads
as follows:
"a person must not be considered to
have gained a residence in any precinct
into which he comes for temporary pur-
poses merely, without the intention of
making such precinct his home"
Mayor Phelan can hardly plead ignor-
ance of the law when he says to the Ex-
aminer that there is not the least sus-
pticion OF illegality about the temporary
That word temporary" occurs too often
in the law, and it rested unruly in his
brain.
Without quoting any more from the
statutes, it is clear that these gentlemen
in their zeal TO do something are i'm
properly registered, and it Is clearly the
duty of the Registrar and the Board of
Election Commissioners to serve them
with a citation, and, after hearing, strike
their names from the Great Register.
cannot see how any one of the persons
homes will dare vote. If am right, it
would be a felony If they did.
Suppose none of them vote, that all keep
away from the polls and that they all
polled majority vote in the city and
could not hold the Office, because they
were not Untitled to vote. ''And no person
is eligible TO an office who is not an
elector." political Code, section 3d.. Re
spectfully, JOHN l.. LOVE.