The San Francisco call., 1908-07-21
SCHEME OF HERRIN
GANG IS BLOCKED
District Attorney Brown Sup-
ports Leagues Fight Against
Machines AppOrtiOnment
Courthouse Ring Presents
Amended Petition as Illegal on
Proposition Just Defeated

primaries made by the Herrin machine
republican county committee was ham !
mered to bits by District Attorney Z.
J. Brown before the board of super
visors today District Attorney Brown
declared in a written opinion that the
proposed scheme of apportioning dele
gates so that residents Of one Sena- 4
torial district should vote for dele
gates in another senatorial district was
illegal and unconstitutional In giving /
this opinion. Brown upheld the nght
Of the Lincoln Roosevelt republican
league central committee. This COM
mittee, through John Z. Sanford ana
Vernon +. Franklin, protested against
the machines apportonment Wmch /
was TO be used by the board OF super /
visors as the basis for their call for I
the August Il primaries But the ring
was ready, upon defeat in this issue
with a new scheme not less illegal on
its face than the job which was
smashed. AS soon as the opinion OF
Brown had been read today the rlng
presented what il termed an amended 4
petition. This provided for an entirely
new call for a senatorial nominating
convention in the fifteenth district, de-
spite the fact that the law requires
that a petition to take part in a local
primary election must be filed at least
80 days before the date OF the elec-
ton With a separate convention the
ring would feel that it might control,
through its own apportionment of dele
gates. the nomination of candidate.
The machine made an effort to get
action at once on this scheme, upon the
theory that the board could adopt the
new arrangement as its own, and thus
legalize the call. But Supervisor Rowe
Blocked the move. He demanded delay
and declared that the situation was not
j, in ~
committees new stand. After consider
able wrangIing the board postponed
action on the amended petition
while the law was being looked into
by the district attorneys office. Dis
trict Attorney Brown. who was at Aetna
Springs on vacation, was advised Of
the turn Of AFFAIRS. He sent word TO
Chief Deputy District Attorney Donahue
TO delay an opinion if possible until
he could return Thursday. The final
opinion to the board will be withheld
until that time. Telephone conferences
were held with Brown tonight by rep
resentatiVes of the Lincoln Roosevelt
league and others who are interested
in blocking the jObbery which is being
attempted by the county ring and the
Herrin machine in Alameda county.
When advised of the situation Brown
said:
"Onhand cannot give an opinion. I
shall get into communication with my
ONCE at once and will advise as TO ac-
tion. shall, II necessary, return again
from my vacation and take up this
matter. Whether the amended petition
is legal in view OF the illegality of the
other one as to senatorial apportion-
ment ! am not prepared to say. The
subject has my serious consideration"
In the proceedings before the board
today George Reed appeared for the re-
n fTvr rra1 rxrffl,
County Clerk Cook assisting him. The
league was represented by Attorney
John +. Sanford. In presenting the
amended petition the machine represen-
tatives admitted that error" as they
termed #, had occurred in the original
petition. There was manifest anxiety
on the part of Reed and Cook to get
the board TO accept the amendment at
once. Supervisor Rowe resisted hur-
ried action He saw a possible joker
In the demand for a separate senatorial
district call and wanted the district
attorney to advise the board. His in
sistence forced delay.
Informal announcement was made to-
night that the proposed separate sena-
torial convention call scheme is Illegal
and that it cannot be put through by
the board. Chief Deputy District At
tOrney Donshue and Deputy w. H
Hynes were in conference this after
room and so reported to the district
attorney, who will take up the subject
Immediately upon his return. The de-
cislon viii leave the board to act upon
the original protest and TO correct the
apporuonment Of delegates on the lines
or District Attorney Browns opinion on
the protest made by the Lincoln-Ro
velt republican league
The opinion Of District Attorney
Brown on the original call follows:
mi Ncr1p~
oueSted an opinion from me as 10 the protest
q John +. Sanford and Vernon E. Franklin
ogly nled with your honorable body on July
-, 4sye;; against certain portion OF the petit
uon nled by the republican county central com
hir,ee halI 2. Alsmeda county for place upon the
n1LLoL OF me primary election 70 be held on
August H. 1908. The portion OF the said peti-
non covered BY the said protest relates TO that
parL OF SAID petition which allows certain
electors in the fourteenth senatorial district to
vote Tor delegates 10 convention which will
district. '"'
I herewith submit the following: Even
tholRn thls system OF apporttonment has heen in
vogue in this country ever since the adopfion
OF the present primary law. / nevertheless adj
Eise yon that this system IS unlawful and un-
Section lel. political code provides that only
such delegates as have been elected from any
senatorial or assembly district sail msL ny ny
nomination OF a senator assemblymap from
such district respectively
The petition OF the republican county central
committee provides. In certain instances that
the delegates 10 senatorial conventions must re-
SIDE within the senatorial district but that thev
may be voted for by persons residing outside
q the senatorial district. 1t IS obvious thar
this does not follow the section Just above
quoted. delegate cannot be said to be elected
from a district unless be is elected by the
electors Of that district and by ali OF them
qualified 20 vote. and by no others You can
not say that man has been elected from
Alameda county II a matter Of fact neonlc
in Contra Costa county and Alameda county
voted for him. ''
Furthermore I beg 70 advise you that 7 hn.
leTe this provision is contrary to section n
article 4. of the constitution Of this state which
provides among other things that each sena
torial district shall choose one senator and each
assembly district shall choose one member OF
the assembly"
Under the laws Of this state the primarv
election is part and parcel Of the general system
providing ftr the election Of public officers and
II persons outside OF senatorial district are
allowed 70 have voice in the selection of 3
senator not in their own district. then the con-
stitutiOn requiring that one senator shall he
chosen from each district is being violated
Section 1881 provides that the apportionpent
of delegates may be made by the governing
committee and then states that If ''the appor,
tiOnment Is not contained in any petition filed
then such apportionment shall be made by the
board Of election commissioners with whom til.
petition is filed before the publication provided
for ia section 1868 Of this CODE Section i36;
provides that said publication must be made al
least IL days before said primary election.
Being that the apDortionment contained in saic
uefftt0n as said particular senatorial dis