The San Francisco call., 1908-08-04
LACKS POWER TO
STOP tERRIN DEAL
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lutely null and void. Judge Murasky
has not yet passed upon the validity
of the action taken by the Herrin mi
nority of the county committee. but
has merely held that the court had no
jurisdiction to decide the case in its
present form. The matter stands,
therefore, just as it did before the re-
straining order was issued. The coun-
ty committee has no executive COM
mittee. because no executive committee
has been appointed at any meeting
when majority of the county COM
mittee was present The county COM
mittee consists of So members, and it
takes 19 members OF the committee, at
a meeting called by the chairman Of
the committee, TO constitute a quorum
for the transaction of business. So far
Mr.. Herrin has captured only Is mem
bers of the committee, and no action
taken by these Is can bind the coun-
ty committee.
The best part of Judge Murasky's s
written opinion is the part to the ef-
feet that the republican state CEN
trail committee, or its executive com
mittee, does not have the authority to
settle the controversy which has arisen
within the republican county commit
tee. What Mr.. HerrIn wants is for his
own committee to decide this case, and
the attorneys for the defendants argued
most vigorously before the court that
the question could and should be de-
cided by the state central committee,
and their answer sets up that the state
central committee has, by resolution,
delegated such function to it's execu-
tive committee.
'All that Judge Murasky decides is
that the court is without Jurisdiction
to grant an Injunction in the present
case. A little later in the season the
court will undoubtedly have jurisdic-
ton to settle the merits of the ques-
tion on application for writ of man
damus. A writ of nandamus issues
from the law side of the court, while
an injunction issues from the equity
side of the court.
CASE FOR MANDAMUS
The supreme court of this state has
decided several times that courts of
law have Jurisdiction to decide a po-
litical controversy when the facts may
be presented to the court on application
for a writ of mandamus, and IL Herrin
persists in claiming that his minority
is the county committee, it will not be
long before we can get before the
court a proper case for mandamus.
LAS to the merits of the present case,
have nothing to say, other than that
there are some very respectable au-
thorities supporting our contention
that an injunction should issue at the
present time. Unless Mr.. Herrin gets
more county committeeman than he al
ready has it will become my duty, as
chairman of the county committee,
pursuant to the call for the conven-
tion adopted June 26, to fix the meet
ing place of the convention, to call
the convention to order September /.
and to preside over the convention until
the election of the temporary chair
man, who has the appointment of the
committee on credentials, and this duty
intend to perform.
1T might also be added that the
county committee has a campaign COM
mittee of IL members, of which 7. p.
Martin is chairman, and OF which the
chairman of the county committee is
ex officio member. The appointment
of thiss campaign committee was au-
thorized by the unanimous vote of the
county comittee. and it's function can
not be superseded by so called execu-
tive committee appointed by minority.
I'VE have only passed the first
skirmish, with honors even. The mer-
its of the controversy have not yet
been determined. We intend to fight
the case to the end"
The Sullivan-Forbes wing of the
committee tried to hold meeting last