The San Francisco call., 1908-08-30
Herrin Men Defeat Dam IN Committee
and WOfthiagtOn Is Sustained
Machine Rides Over League Members in Deciding
the Question Of County Guardianship

be taken on behalf of the is county
committee who refused to submit to
! Herriu's dictation, or what he would
| do about organizing the local con-
vention With reference to the ac-
tion of the executive committee of the
state central committee Dam said:
Nothing is too raw for the railroad
machine. When the order goes out to
put a program through, those dele
gated with the mission throw the
throttle wide open apd stop at moth
! ing. According TO the old school of
arithmetic, IS is only one-half of So
and it requires 19 to make a majority
| of 96. The executive committee was
forced to hold that as soon as Ed Kelly
deposited in the mail letter rendering
his resignation as q member of the
county committee the resignation was
Immediately in effect.
There is not decision by any court
in America or England supporting
such proposition. The furthest in
this direction that any court has ever
gone is to hold that a resignation takes
effect when received by the person au-
thorized to fill the vacancy.
TT is undisputed tha Kellys' resig-
nation was not received until July
! is, and when one-half of the county
committee met on July Is and pre-
/ tended to elect Worthdngton chair
man, they did not even know that
| Kelly's resignation was in the mail
! or in contemplation.
LAW AGAINST DECISION
"Adjudged cases were cited TODAY
| showing that the action of the Herrin
minority of the county committee was
without authority of law, but the exec
utive committee paid no attention to
/ them and none was cited to the con-
10
Even Tom Dozier admitted that there
is no merit in the claim that the tenn
porary absence of committeeman
creates temporary vacancy
Besides, the statute gives the execu-
tive committee no authority whatsoever
to settle controversy of this nature.
That is the opinion of Judge Murasky
of the superior court and the law is
plain as day upon the subject
Section 1885 of the political code
/ gives to state central committees power
to recognize which one of two separate
and distinct bodies, each claiming to be
the county committee, is the regular
county committee of the party The
section goes no further and gives the
executive committee no pretense for at
tempting to determine that a person
who is elected permanent chairman of
county committee has been supplainted
In office by one who will take the rail-
road program without making a face
RULING WITHOUT VALUE
The ruling made today is not worth
the paper it is written upon
IF Herrin had any confidence in his
case he would have directed Worthing-
ton to call the local convention for a.
different place than that already fixed
by myself. Instead, he instructed
Worthington to send out notices for
! oPf ir7C a VpI no ax-fI Il 1T
had been engaged by me for the pur-
pose five days previously. Had Herrin
pursued any other course a court of law
would have determined that the dele
gates who went TO Worthington's con-
yention had no authority to nominate
candidates for Office for a mandamus
suit would have compelled the regis
trar of voters to place on the official
ballot the ticket nominated by the con-
vention regularly called by the legal
chairman OF the republican county COM
mittee.'