The San Francisco call., 1909-06-02
SOCIALIST ATTACK
AIDED BY DffRING
Attorney Brings Dark Mystery
Into Determined .Opposi-
ton to New Law

law has started. and il has started
with a mystery. When the mystery is
solved. it may be that the familiar, for
bidding features of William. F. Herrin,
boss of the republican machine. will be
exposed to public view; but at the pres
ent time the mystery is all that mys-
tery should be-deep, dark and i'm
penetrable.
This mystery. which dances cloudy
attendance upon the attempt to knock
out the direct primary law. is the per-
sonal property of Attorney Frank p.
Deering. 1t is Deering who conjured
the mystery; Deering maintains 1t in
all its black obscurity; Deering deems
it ainadvisable" to unriddle it.
The mystery sprang into life full
f1edged and vigorous yesterday, when
Attorney Deering appeared with Atter
ney Austin Lewis. representative of the
socialists, before the board of election
commissioners and Joined in the de-
mand that the next primary election be
held on the second Tuesday of August,
which means compliance with the old
law
The election commissioners were pre-
pared for this demand upon the part Of
Austin Lewis, but they were not pre-
pared for the mysterious appearance
of Deering upon the scene. 1t has been
known for some time that the socialist
party intended to attack the constitu-
tionality of the direct primary law and
that the well known socialist, Austin
Lewis, and his associate r. NJ Royce
had been retained to prepare the briefs.
But there had been absolutely no inti-
nation that Deering would have a
hand in the test of the law
The demand of Attorneys Lewis and
Deering was denied, the election com
missioners explaining that under the
direct primary law enacted at the last
session of the legislature, the primary
i'election would be held on the third
Tuesday OF August. One concession
only the election commissioners made
to the two attorneys: they decided not
to let bids for the printing, which will
be necessary under the new law.s This
was done on the suggestion of Reg
istrar Zemansky, when the attorneys
announced that they intended to take
their demand for the continuance in
effect of the old primary law to the
supreme court on petition for a writ
of mandamus.
Having made this statement. the two
attorneys withdrew. peering taking his
mystery with him..
Whom do you represent DeeEing
was asked lin this attack upon the
direct primary law"
"a tax payer" Deering answered
mysteriously.
What is his manner"
1T would be inadvisable to make IL
public. was the still more mysterious
answer; cit does not appear in the
pleadings.
Il am appearing with Messrs. Lewis
and Royce of the socialist party re-
marked Deering. putting an end to fur
ther inquiry.
From the statement of Austin Lewis.
however. it is apparent that while
Deering may be with the socialists
in the test of the law. he is not of
them. Lewis disclaimer deepens the
mystery.
"Deering is not associated with Mr.
Royce and myself on behalf of the
socialists explained Lewis. "As mat
ter of fact I don't know whom he rep
resents, and if I did it would not be
ethical for me to say. That is up TO
him. But he does not represent the
socialists. He appears as a friend of
the court.
Yes, l agree. that an amicus curiae
usually represents some interested
party but l have mo idea who that
party may be in the present instance,
If there is one. Our briefs will be
filed together merely. for. convenience.
That was arranged several days ago
when Deering told US that he intended
to appear a friend of the court
Election Commissioned Thomas V.
Gator, who is taking particular Inter
est in the provisions OF the new law
and had already interpreted part of it,
was also at loss to explain Deering' s
connection with the test of the statute.
"Deering asked me several days ago
whom the socialists had retained in the
natter explained Gator, '.but. said
nothing about taking part in the pro-
ceedings. When he appeared with
Lewis before the commission learned
for the first time that he was inter
ested. l do not know whom he repre- :
sents. l have not heard of any party
but the socialists which intended to
contest the law
Lewis, as attorney for the socialist
party and for Henry Hagelstein, chair
man of the socialist county committe
Royce of counsel and Deering as ami
Gus curiae will appear before the SUI
preme court at 10 o'clock this morning
to petition for a. writ of mandamus to
compel the election commissioners to
y
the law which was repeal when the
direct primary law went into effect.
The foundation for this petition was
laid by their formal demand upon the
election commissioners yesterday
1t may be that the mystery of Deer
ing's connection with the attack upon
the law will then be made clear. If it
is not, the suspicion that the .republi-
can machine was set In motion to
crush the primary law before William
f. Herrin left for Europe is bound TO
linger in many minds.
The petition for the writ was pre-
pared BIZ Lewis. who will also submit
brief covering points. and authori-
ties. Another brief. on behalf of the
mysterious tax payer" covering fur
ther points and authorities, will be
submitted by Deering.
The petition for a writ sets forth
that the direct primary law is uncon-
stitutional. violating not only the state.
butalso the federal constitution; that it
destroys inherent rights of persons
and inherent rights of political free
dom and of political associations which
are bevond legislative interference O,