The San Francisco call., 1909-12-15
COURTS TO SETTLE
REGISTER PROBLEM
County Clerks Association Di-
vided as to Roll to Be Used
in Coming Elections
Features of Direct Primary Law
Are Made Subject of Dis
cussiOn at Convention

OAKLAND, Dec. l4.-Developments
at today's convention OF the County
Clerks Association of California, called
10 discuss the direct primary law. in
dicate that the state courts viii be
called upon in the near future to de-
eide whether the register of 1908, the
new register Of 1910 or the old regis
ter supplemented by the new, Will be
used by the clerks Of the various coun-
ties in checking up the signatures on
nomination petitions for next years
primary elections, filed under the direct
primary law.
The convention favored the use OF
the old register. supplemented by such
registrations as may have been made
at the time the petitions are filed. San
rancisco. however, was not content
with this attitude and Thomas V. Ca
tor. president of the board of election
commissioners Of that city, intimated
that the registrar of the city viii be
instructed to use the new register of
1910. Such action viii undoubtedly
bring the matter before the courts at
once. and in anticipation of this prob
ability the convention adopted reso-
luton requesting the state courts 10
hand down an opinion on the case as
expeditiously as possible.
DISCUSS DIRECT PRIMARY
The days sessions were devoted eX-
clusively to a discussion Of the new
direct primary law, and numerous resO-
lutions intended to simplify the eXecu-
1ion Of its provisions were adopted.
These resolutions will be compiled by
the secretary Of the convention and
forwarded in the shape of suggestions
to the clerks of the various counties
OF the state, with a recommendation
that they be followed as closely as
possible in the handling of next years
elections. These resolutions are de-
signed to establish uniform method
Of procedure throughout the state in
handling the first general election un-
der the new law
The morning session convened at
1890 o'clock with County Clerk Will
liam B. Hamilton Of Sacramento in
the chair. County Clerk John P. Cook
Of Alameda county acted as secretary,
with Deputy County Clerk Andrew
Johnstone as his assistant, and County
Clerk H A. Phster Of Santa Clara as
treasurer The delegates present were
County Clerks John P. Cook of Ala
media county, J. II. Wells of Contra
Costa county, ". o. Mills Of Fresno
county, George W. Cousins Of Hum
boldt, Robert Z. Graham of Marin,
Hale MCGOWAN Of Mendocino, P. J.
Thornton Of Merced. Marshall Z. Low
ell OF Placer, Arthur B. Pilch of River
side. W-B. Hamilton of Sacramento
Eugene B. Graham Of San Joaquin. Jo-
seph y. Nash of San Mateo, H. A. Pts
ter OF Santa Clara. II. B. Mulcrevy of
san Francisco; Secretary Of State
Charles + Curry; J. H. Zemansky, reg
lstrar OF voters. San Francisco, and
c. ". Hauk. registrar of voters, Sac
ramento.
ATTORNEY GENERAL PRESENT
Attorney General Webb attended the
afternoon session and it was in ac-
cordance with his opinion, delivered at
the request of the chairman, that the
convention indorsed the use of the old
register. supplemented by names on the
new. in the checking up of nomination
petitions next year.
The attorney general said that he
was not prepared TO discuss the prac-
tical application of the law, or to ad-
wise the use Of any machinery in its
enforcement. He then proceeded at
once 10 an explanation Of his decision
on the question of the registrar to be
used for next years primary elections.
would much prefer that this ques-
tion be referref to the courts of the
state he said, but I do not believe
that decision could be hafin a rea-
SolldDit lelSlu OF Ine, Aence i Ten-
ture TO give this opinion
PROVIDES FOR NEW REGISTER
The present law provides that a new
register shall be commenced January
!. and up to that time it is certain
that there shall be no cancellation of
the old register But I have not been
able 10 arrive at a decision that the
old register IS void until the new is
complete There will be no way of
determining how many Of the qualified
voters OF any district have registered
until the registration is closed late in
September, and IL is a well known fact
that the heaviest registration is al
ways near closing time So. if the
new register only be used it is a sure
thing that all OF the qualified voters
primaries. II is my opinion after a
careful study of the provisions of the
new law, that the present register.
with supplemental registrations to be
made in 1910 up to the time of the
register upon which you will be re-
quired TO work.
II was decided that in counties where
the direct primary was not in opera
tion st the last election, it will prob-
ably be necessary to have new regis
ter upon which the voters can declare
their party Affiliations Secretary of
State Curry announced, however. that
he would accept all petitions for state
nominations filed in his Office bearing
the names Of voters on the 1908 regis
ter.