The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-08-24

TO them last Tuesday.
In addition to settlement of the local
district attorneyship question. it is be-
lieved that the Sacramento row can be
made to result in the determination of
all the unsettled direct primary ques-
| tions except one. 1t will result, first, in
a supreme court Interpretation of the
supreme courts decision in the direct
primary test case. In addition to deter
mining the democratic and union labor
status of Heney and Fickert. it will
confirm or deny the right of Thomas
Boyle to the union labor nomination for
auditor and John McDougald's claim
| upon the democratic nomination for
treasurer.
WILL DECIDE ELIGIBILITY
1t will settle by judicial decision the
question of the eligibility of a partisan
whose name is printed on the ballot of
his own party to the nomination of an
other party through the writing in
process. And finally it will determine
the rights of partisan whose name is
not printed on any ballot, but who may
have received majority of all the votes
cast for particular nomination in the
primaries of another party.
Apparently the only question that will
be left undetermined is that of the
status of candidate who has been de-
feated for nomination at the primary
election of his party. The Sacramento
case presents questions on all fours
with the Fickert and McDougald cases
in San Francisco. but presents them in
a way exactly contrary to the manner
in which they would be presented had
the row been started in San Francisco.
CONTROVERSY AT CAPITAL
The Sacramento cases arise over the
refusal of the trustees to issue certifi-
Gates of nomination by two parties to
candidates who received clear MAORI
ties of the votes cast by parties TO
which they did not belong. Unless the
attitude of the Sacramento trustees is
sustained by the supreme court, or in
the absence of any judicial decision,
the San Francisco board will issue
certificates to candidates for all the
nominations shown to be theirs on the
face of the returns.
City Collector Spalding, a democrat,
received the democratic nomination,
and by the writing in process, ma
jority< of the republican votes for the
same nomination. City Auditor Fred
Carey, republican, was equally fortu-
nate and in the same manner. The
trustees refused to give Spalding GER
Al
denied Carey's right to the democratic
certificate.
WILL INTERVENE IN CASE
When the San Francisco election COM
mission discovers to what court Carey
and Spalding intend applying for. re-
lief, 1t will petition to be heard as an
intervenor. The suit could be insti
tuted in either the superior. district or
supreme court. Since only the supreme
court can finally interpret Its own de-
cisions, it Is fair to presume that the
action will be brought in the supreme
court by way of mandamus.
President Gator of the San Francisco
election commission said last night that
If the case was brought in Sacramento
he would apply at once to Chief Justice
Chapman of the appellate court, or TO
the superior court, to be heard as In
tervenor.
The Sacramento case raises the iden-
teal question raised in the cases of Nc
Dougald and Fickert, whose names
were printed on the republican ballot
Heneys case is slightly different in
that his name was not printed on any
ballot In the opinion of several law
yers the analogy is close enough to be
covered in one question, but the points
might be presented severally, and with
out the Intervention Of the San Fran
cisco board the latter might not
come to the attention of the court.
SESSIONS WILL BE BRIEF
Thanks to the fact that the election
commission, acting as canvassing
board, is not half through with the
count of the primary vote, the session
of the democratic convention tonight
will be brief and reasonably unevent-
full. The same thing will be true OF the
union labor convention Thursday night
and the republican convention called
for next Monday may not be able to go
on with its work at that time.
The election commission can not is
sue credentials to delegates until 1t
has finished the official count That
count will not be completed before next
Monday, IL IL Is completed then. There
will probably be few changes from the
results indicated by the semiofficial re-
turns. but the primary law is manda-
tory in Its provisions touching certif-
Gates or election for delegates.
The democratic program contem-
plates the selection tonight of a tempo
rary chairman and secretary and the
appointment of committees on creden-
tials and permanent organization and
order of business. That work done the
convention can only adjourn until the
election commission finishes its work.
The bourbons will convene at o'clock
tonight at Lyric hall. The democratic
leaders insist that nothing has been
done in the way OF preliminary plat
form framing.
PLAN COLD COMFORT
The republican wheel horses in CON
troll of the convention situation are
planning cold comfort for the good
government leaguers who hope to null
the independent republicans away from
the republican ticket. The independ-
ents landed more than half the NOM
nations and the plan being incubated
provides for square break for them
in the personnel and organization of
the county committee.
Tim Sullivan. who is in position IN
boss the job, by disposition Of the
delegates he controls, has given lit ont
cold that the independents are not TO
be sat upon and that he purposes TO
see that they get square deal to in
sure their support of Croker. The
next republican county committee will