The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-07-16
Upheld by Supreme Court, Mayoralty
Candidate Hurls Defiance at Phelan
By GEORGE VAN SMITH

Reinforced with a mandate of the
supreme court which insures him
place on the union labor party primary
ballot, Francis J. Sullivan hoisted his
war flag yesterday and declared that
he was launched upon a campaign
which nothing short of death at the
hands of brother in law James d. Phe-
lan's hired thugs" could stop.
The supreme court sustained Sulli-
van yesterday in his fight for a place
on the union labor primary ballot as a
candidate for mayor. The court over
turned the election commissions ruling
that the vote polled by Judge Cabaniss
last year was the correct measure of
the union labor party's strength in San
Francisco. 1t held that the proper
measure of the union labor party vote
in San Francisco was the difference be-
tween the votes polled by Cabaniss for
judge and Harry Flannery, democratic
candidate for presidential elector.
The effect of the supreme courts de-
cision was to make 39I signatures suffi-
cient to secure a place on the union
labor ballot instead of I,029, as de-
creed by the election commission. The
court issued an oral order for the writ
of mandate sought by Sullivan and an
nounced by Chief Justice Beatty that
the written opinion upon which the
order was based would be forthcoming
soon.
IN SPIRIT OF PRIMARY LAW
The supreme courts decision insures
to Sullivan. brother in law of James ID.
Phelan, orator and sometime democrat
the opportunity to run for the union
labor nomination for mayor, which he
has sought SO strenuously. From the
standpoint of Sullivan that decision
means defeat of a conspiracy to keep
him out OF the mayors chair. From
the public standpoint it is a common
sense decision, consonant with the let
ter and spirit of the direct primary
law. Had it been secured two weeks
earlier undoubtedly it would have re-
suited in field of candidates for union
labor nominations. not confined to the
syndicated slate of the Mccarthy Casey
secret conference.
Sullivan employed no attorney. Armed
only with the justice of his cause, he
fought single handed. The ruling of the
election commission which he COM
bated was made before the personnel
of the election commission was changed
by the supreme courts decision which
gave two places on the commission to
doodle dees That ruling was a re-
versal OF Registrar Zemansky's compu-
tations, which involved the vote for
Haskell as basis and fixed the per
cent minimum necessary for a place on
the union labor ballot at 168.
UPHELD by THE COURT
p H Mccarthy and Chairman w. r.
Hegerty OF the union labor county
committee demanded that the election
QS he Col o ~
as the union labor party vote. The
commission acceded TO the demand. 1t
fixed 1.029 as the necessary 8 per cent
minimum
Sullivan asked the commission to re-
verse itself and accept one of two al
ernatives-either the Haskell vote or
to determine the strength of the union
labor party by subtracting the vote
polled by Flannery from the total vote
for Cabaniss. The commission declined
90 accept either. The supreme couro
decided that the latter was reasonable
and proper The candidate who can
secure 391 valid union labor signatures
before u o'clock midnight tomorrow
will have a place on the union labor
ballot
Naturally enough Sullivan was elated
over his victory in the court. He
discussed the conspiracy" which he
had upset, and his candidacy.
1T was conspiracy TO keep me from
running for mayor said Sullivan.
( "Phelan had the whole business. He
was the boss of the board, and when
Mccarthy demanded that the minimum
be fixed at 1.029. Phelan made the
board grant the demand in order to
keep me from becoming mayor
SAYS PHELAN Is A FOOL
81 think Phelan will attempt to run
for mayor as an independent. Phelan
is a fool. He is ass enough to do that.
Phelan is a standing candidate, for any,