The San Francisco call., 1909-10-01
GATOR OBJECTS TO
DELAY BY RECOUNT
Head of Election Commission
Believes Ii Too Late to
Change Ballot
Appears in Court in Matter of
Reopening the Fickert-
Heney Contest

That the attempt OF Charles NJ flick
erts attorneys to secure reopening
Of the Ffckert- -Heney contest and an
order for a recount of the democratic
primary ballot was frivolous and made
with a knowledge that no change in
the ballot could be effected thereby
was directly charged by President
Gator of the election commission in
Superior Judge Murasky's court yes
terday afternoon.
Attorney Lillick, one of those who
drew the complaint in the original con-
test said he wanted an order that
would both amend and vacate Judge
Murasky's original order denying re-
count. When he was told that he
wanted something theoretically and
legally impossible he said he wanted
leave to amend the description of what
he wanted in his latest pleadings
President Gator of the election COM
mission, who was in court as the legal
representative of the commission, but
not as a. party to the attempted re-
opening of the recount case, addressed
the court. saying:
.sThe election commission is only in
directly a party here. We have tried
to be wholly impartial. We have no
interest save that. of servants OF the
people bound by the law. II this at
tempted action could be taken seri-
ousIy il would be different l appre-
bend that the other side does not con-
template getting this recount for which
it asks done in time for any practical
results.
RECOUNT LENGTHY PROCESS
Assuming that the counsel for Mr..
Heney should exhaust all their rights
under the law this recount could not
be concluded until long after the cleo
ton The defendants here have the
right TO examine the eight election offi-
GERS from each election precinct. They
have right TO examine the policemen
who were on duty at the polling places
and who presuma bly, accompanied the
messen gers who carried the returns
from the polling places to the regis
frar's Office 1t has happened in this
city that election returns were changed
on the road from the polling place to
the registrars Office. l myself prose-
cuted one man and sent him to san
Quentin for such an offense. There are
1.350 witnesses that might be called
in this action. l have figured that at
the least practicable amount of time
for the examination and cross exam
inatiOn of these witnesses 45 court
dsvs might be consumed. There were
no names printed on the ballot in this
case All were written in. The re-
counting would consume much more
time than would be the case II the
names were printed. Hundreds of bal
lots viii be laid aside. There viii be
motions and arguments.
.sTime is of the first Importance to
the election commission. We, as the
election commission, are acting under
the writ of the highest court of this
state. That court has directed US to
- Ery-uv v.f1ic on
the sample and official ballots as the
candidate of the democratic party.
That court has directed us TO print
the name of Francis ]. Heney on the
sample and official ballots as the can
didate of the democratic party. That.
court has directed us to print the name
Of Charles NJ. Fickert on the ballot as
the candidate of the union labor party.
Is there anything this court can do
to change that order? Whom shall we
obev?- What shall we do? Will this
court assume in the face of the order
of the highest court in this state to
order us not TO print the name Of
/ Francis J. Heney on the ballot as the
/ candidate OF the democratic party?
Time can not be stretched. The cleo
I ton must be held on the date fixed
by the law We must print the bal
lots; over 100000 impressions must
be made and the law requires that the
sample ballots shall be in the mails
at least 10 days before the election.
We must act according to the writ OF
the supreme court. Does counsel ex-
pect US to await the determination Of
this action2 In any event the name of
Heney could not be taken off the bal
lot. whence it has been ordered by the
supreme court"
SEEKS TO AMEND COMPLAINT
Fickert's attorney said he did not
expect the election commission to wait
or to take Heney's name off the ball
| lot: he wanted to argue his motion
for leave to amend his complaint and
+ to secure a recount of the democratic
primary vote. Gator read the phono-
/ graphic report of the supreme court TO
show that the court of last resort had
advised Fickerts attorneys that the
question of the recount was not be-
! fore the court and that they had the
right to bring it before the court then.
! They did not embrace that right. and
Gator contended that they had aban-
doned the plan.
Judge Murasky said that Attorney
LiIlick had the right to argue his mo-
! ton, and Matt l. Sullivan again renewed
| his request for delay until today to an
swer. He was willing to stipulate that
| in the event recount was ordered
they would answer the amended COM
plant and proceed with the recount
Saturday morning. Counsel for Fickert
! insisted that the arguments be made
/ at once, but declined to make his ar
I gument and hear Sullivan's reply today
on the ground that Sullivan would
have an opportunity to examine his
authorities and pull his case to pieces.
Judge Murasky told Fickert's coun-
sci that nothing final could be done
| without the Intervention of the su-
preme court to modify its mandate, and
| tried to recommend that the aid of
the supreme court be sought. He
finally set the argument for this morn
ling at 10 O'Clock.
The more money a woman has the
more red hair she can have without