The San Francisco call., 1909-08-22
Noted Prosecutor Legally I'M
able to Accept Nomination
for District Attorney
Name Must Be Placed on Peti-
ton Signed by Voters Who
Cast No Primary Ballots
Willing TO Sacrifice His Busi-
ness to Garry On Fight if
Elected to Office
ISpcciaI Dspaleh % The CAN

tOPect0i OSP0tcn 10 Inc Cdu
.DORTLAND, Ore. Aug. II
Francis J. Heney has sent to the
= Oregonian a written statement in
which he points ont that according to
the recent supreme court decision in
California he can not accept the nomi-
nation for prosecuting attorney on
either the democratic or independence
league tickets.
The only way in which can be-
come a candidate is by petition. signed
by a certain number Of voters who did
not vote at the primary election. re-
questing that my name be placed on
tile ballot as an independent candi-
date says Heney
Hcney has been nominated both by
the democrats and the independence
league, but California new primary
law forbids that candidate accept
nomination by two parties. Further
more, a candidate must be named by
the party with whom he has an
nounced his Affiliations at the pri-
maries. Heney is registered as a re-
publican
Will Garry On Fight
Heney says he does not want the
office Of prosecuting attorney. but will,
ii nominated and elected. sacrifice his
business interests for the public veal
in order to continue the war against
the grafters. Petitions to this end will
be circulated by friends Of Heney, and
the voters OF San Francisco will have
the opportunity to make a 6ght
squarely on the graft issue
The issue has already been made
by Patrick Calhoun and his criminal
associates. There will be no escape
from i" says Heuey Heney's state
.ment in ful1 follows
Thy FRANCIS }. HENEY)
I Know nothing about the result
of the primary election in San
Francisco except what have
read in the Oregonian of Thurs
day. which was Just handed to me
primary law was adopted by the
last legislature in California The
supreme court of that state has
held it to be constitutional. but
has given it a construction which
prevents any candidate from re-
ceiving the nomination Of more
than one political party at pri-
mary election. Moreover. the
court held that a person could not
be a candidate for nomination by
any political party at a primary
election unless such person had
more than two years prior to such
primary election registered. and
declared his membership in and
affIiation with the political party
whose nomination he desired to
seek at such primary election.
Il registered as a republican less
than two years prior to the pri-
mary election which has just been
held. and consequently I was not
eligible as candidate for nominal
tion by the republican party at the
primary election. The electors
who voted for me on the republican
ticket did so by writing my name
on blank line on the ballot with
fun knowledge that under decision
of The supreme court my name
could not be printed or the ballot
at the general election as the re-
publican nominee for district at
torney. even if I received the ma
jority of the votes cast az the pri-
mary election bs members Of the
party. The democratic nomination
was rendered to me BY the indie
pendent democrats with knowledge
of the fact that / am registered
as republican The independ-
ence league nomination was ten-
dered with The same understand
ing
Barred by New Law
Il would gladly accept both
nominations if the law. permitted
me to do 50, ana 1 would have
been a candidate for nomination
by the republican party at the
primary election had the suprems
court not construed the primary
law as il did.
III ms understanding Of the
courts decision IS correct. my
name can not be put on the saliot
At the general election as the saa-