The San Francisco call., 1909-09-26
RFVOkESDUAl
CERTIFICATES
OF NOMINATION
Election Commission NuIIifies
the Endorsements of Heney
and Fickert
Candidates Plan Mandamus Pro-
ceedings to Have Names
Put on Ballot
By GEORGE A. VAN SMITH

BY the formal revocation of the GER
tIhcates Of democratic and union labor
nomination for district attorney given
Francis J. FIeney and Charles NJ.
Fickert the election commission has af-
forded an opportunity for a supreme
court Interpretation Of the supreme
court decision in the direct primary
test case.
Both Fickert and Heney will insti-
tute mandamus proceedings in the su-
preme court Monday to compel the
election commission TO print their
names on the party ballots. from which
they were stricken yesterday. When
the election commission meets again
Monday or Tuesday It viii correct an
oversight by formally revoking the in
: league certificate OF nomi-
nation given Heney.
On behalf Of P. II. Mccarthy. Thomas
=. Boyle and those union labor party
candidates with dual nominations
Cleveland L Dam viii join in the su-
preme court proceedings.
Thanks to the fact that the nomina-
lions made by the good government
league were made in the name of
political party. and the further 1act
that the friends Of Fred Eggers are
sore about the good government league
Endorsement Of Sheriff Dolan, the va
lidity Of the leagues nominations may
be attacked as in violation of the in
tent Of the direct primary law and con-
Jrary TO the decision handed down by
Superior Judge Murasky.
DOODLE DEES HARD HIT
With the revocation of the certif-
Gates Of nomination for Heney and
Fickert were revocstions of John T.
McDougalds certificate of democratic
nomination for treasurer; Thomas F.
Boyle's union labor nomination for
auditor. and the whole doodle dee
ticket with the exception of Francis
j. Heney, who was overlooked in the
preparation of the resolution. and w.
{. Shepherd, q candidate for super
visor who was a bona fide doodle dee.
The commissions failure to include
Shepherd will not result in saving to
the doodle dees a ticket with one can
didate for supervisor. The cruel Sc
cret is out. Shepherd lives in Marin
county and the doodle dee ticket is
blank.
The revocation Of the dual certifi-
Gates OF nomination was agreed TO by
vote Of TO 1. Commissioner Uhl voted
against the resolution which named all
- candidates affected on the ground
st Heney's democratic nominal tion
ti1ered from those nominations given
to candidates and nominees of other
political parties
The resolution prepared by Presi-
dent Thomas Y. Gator was presented
10y Commissioner Hugh McIsaacs. Matt
l. SulliVon. on behalf of Francis J.
Heney. opposed the resolution as too
sweeping and contended that the Mu-
rasky decision did not affect the Heney
democratic nomination.
HENEY CASE DIFFERENT
Sullivan argued that Judge Murasky
did not have Heney's democratic nom
ination in mind when he rendered his
opinion and that the question involved
in the Heney case had never been pre-
sented TO the court. He presented a
memorandum made in the presence of
Judge Murasky after the judge had
rendered his decision and was sitting
on the juvenile court bench.
Sullivan argued that the code provi-
sion touching partisan registration and
prohibiting an elector registered as a
member Of one party from voting on
behalf Of another at a primary cleo
tion must be read TO sustain his con-
tentiOn that Heney was entitled to the
democratic nomination, but that Flick
ert was not entitled TO the union labor
nomination.
The essence Of Sullivan's argument
was that since Heney was not a candi-
date for the republican nomination the
democratic elector who voted for him
IN the primary did not vote "on behalf of
another political party" and that since
Fickert was an avowed candidate for
the republican nomination, which he
received, he became a part of the re-
publican party, and the democrat or
union labor electOr who voted for him
voted on behalf of another political
party. He also urged the post decision
memorandum agreed TO by Judge Mu-
rssky
President Gator took vigorous issue
with both of Sullivan's arguments.
saying that the records showed Heney
10 be a republican and that a modifca-
. tion OF A court decision made in pri-
y ate did not count with the election
commission.
SUPREME COURT TO DECIDE
You do not deny that Heney is a re-
publican, do you2" demanded Gator.
The register shows his aff1davit of
af1liation with the republican party
The superior court Of this city and
county has rendered a decision which
for the present is the law and this
commissions only guide. Mr.. Heney,
by that decision. is pIaced in exactly
the same position as that occupied by
Mr.. Fickert. This commission can de-
eide nothing. 1t purposes to take this
action 10 the end that all the candidates
affected may go to the supreme court at
once and have all these troublesome
and important questions settled We
can not divide these cases. nor make
fish Of one and flesh of another. We
know nothing of this memorandum.
When court delivers his decision in
public and from the bench modffica-
tions Of that decision made subsequent
y in private do not count. The supe-
rior court has decided that the supreme
court held that electors of one party
could not vote at the primary election
for members of another party The
language OF the superior court is plain.
We afford now an opportunity TO go to
tae supreme court for a decision upon
that decision"
When the resolution was adopted
formal demands for the printing of
Heneys name on the democratic ballot
and Fickert's on the union labor ballot
were made and noted for the purpose of
the actions to be instituted in the su-
preme court and the direct primary law
was on its way to the court OF last re-