The San Francisco call., 1909-09-08
FICKfRT CONTESTS
HFNFY NOMINATION
Action Begun That Will Neces-
state Recount of Democratic
Vote for District Attorney
Application for Writ OF Mandate
TO Cancel Certificate issued
TO Graft Prosecutor


ination Of Francis J. Heney.
The action brought by Fickert de-
mands a recount Of the democratic
vote for district attorney. 1t was pre-
sented 10 the court as a petition for
2 writ Of mandate TO compel the cleo
tion commission TO cancel the certih-
cate Of nomination given Heney ana
10 certify Fickert as the nominee OF
the democratic party. F1ckert is out
OF the city The contest was brought
10y his managers and attorneys, but
with his consent and cooperation.
The complaint was submitted to
Judge Cabaniss late yesterday after
noon. He issued an order TO show
cause. returnable September II before
Judge Murasky.
on the face of the official returns
Heney beat Fickert for the democratic
nomination for district attorney by
margin Of IS votes. The official can
rass showed a total of 1855 for Heney
and 229S for Fickert. Fickert alleges
that through mistakes on the part OF
election officers and their refusal to
count votes intended and cast for him
by members of the democratic party
he was wrongfully deprived of at least
l04 votes and in consequence the GER
tifcste of democratic nomination.
FICKERT'S ALLEGATIONS
The complaint was accompanied by
the affidavits of several election Off
GERS. confirming some of the allega-
lions. Fickert alleges that in one
consolidated precinct in the thirty
first district. two in the thirty-fourth,
one in the thirty-seventh, two In the
Ihirty-ninth and one each in the for
tieth and forty-first district the cleo
ton officers refused TO count or tally
81 - o2C 81
allegation as 10 those precincts are
correct. The Judges did not tally the
democratic votes for Fickert, but they
were subsequently compiled and
counted by the election commission.
The Judges were mistaken in the pro-
visions Of the primary law and all of
them promptly reported what they had
done
REFORMED SPELLING
Fickert sets up three instances in
which he contends that he was de-
prived of votes and the wills of three
electors defeated. In the fortieth dis
trict one democratic elector wrote
Charles Flick" on his ballot The
Judges declined TO consider il a vote
for Charles Fickert. Another fortieth
district democrat wrote Charles Flick
ard" on his ballot. and a thirty-eighth
district bourbon described his candi-
date for district attorney with the
single word Flicker" None of these
votes were counted for Fickert. and he
contends that he was entitled to them,
since the intent of the voters was
clearly TO vote for him. If their orthog-
raphy was mixed.
lie claims that the election commits
sion has counted all the votes cast
for Heney, including one cast by
thirty-seventh district democrat, who
wrote Heney's name in under the cap
tion For Treasurer. According TO
F'fckert's- computations Heney received
total Of 2.3Ss votes. and his own
total should be 2.402. instead Of 2,2es,
as shown by the official canvass.
BRENNAN DENIES CHARGES
James T. Brennan, one of Fickert's
mana gers, has written letter to The
Call in which he denies the charges
against him made by John w Swee-
ney at the Heney reception Saturday
night. Sweeney declared that thanks
10 the calamity Of 1906 Brennan had
him as manager OF the Stanford Quad.
Brennan says that the charges are un-
true and that Sweeney has a very
vile tongue and temper" Brennan's
letter deals somewhat with the publica
tion OF the 1906 Quad and somewhat
more at length with his own college
experiences. He writes:
ny reputation and character are my
sacred birthright and are all that L
have: destroy these elements of my
makeup and my life tome is useless
All that ] possess in this world either
of worldly goods or mental attain
rnents is due to my. own efforts as a
young man of humble parentage and
reared in the backwoods Of the mid
die west. ] always tried to lead an
honest life and become a worthy and
useful citizen. To this end ] forsook
the pleasures and enjoyment of my
youthful days to secure for myself an
education.
ACCOUNTS FOR MONEY
Referring again to the charges made
BY Sweeney, Brennan says:
It is true that I was manager OF the
Stanford Quad. the souvenir annual
publication of the Junior class of Stan
ford university; that / collected certain
moneys from said class. and that hon
estly and justly applied said moneys.
according to time honored custom in
legitimate expenses in production OF
said book. The said book was in press
and was 10 have been ready for sale in
the latter part Of April. 1906. but the
fire OF 1906 in San Francisco destroyed
the book and all the data in relation
10 the same. In the fall OF 1905 / made
q written report TO the Quad commit
tee accounting for every dollar re-
ceived by me. / also gave the names
OF the persons TO whom the money was
paid and the dates as nearly as my
memory could serve me. all written
records being destroyed