The San Francisco call., 1909-09-28
SUPREME COURT Is
TO DECIDE DISPUTE
Claims of Heney and Fickert
Are Now Formally Before
Ultimate Tribunal

The claims of Francis j. Heney to a
place on the democratic ballot and of
Charles NJ. Fickert to the union labor
nomination for district attorney are
formally before the supreme court
With the settlement of the questions
involved in the contentious set up bJ
Heney and Fickert the supreme court
viii determine the status of all parti-
san candidates who have sought and
secured more than one party nomina-
tion and will at the same time inter-
pret its own original decision in the
direct primary test case.
Matt /. Sullivan and Henry Eickhoff
on behalf of Francis j. Heney, petit
toned the supreme court yesterday for
a writ of mandate directing the cleo
tion commission to print the name of
Heney in the democratic column on
the official ballot Fickert's petition is
for a similar writ directing that his
name be printed on the union labor
ballot Both petitions, of course, are
also for an order to re-establish the
certificates of nomination, which the
election commission Cancelled Saturday.
WRITs RETURNABLE TOMORROW
The petitioners went before the
court late yesterday afternoon. The
alternate WIllS We're lSSueu anu Niduc
returnable at 10 O'Clock Wednesday
morning. President Gator of the cleo
tion commission had assured both par
ties that he would be ready to accept
service Immediately upon their leaving
court and the commissions appearance
will be largely matter of form.
Both petitions, in effect, ask the SUI
preme court to reverse itself-in any
event to reverse Judge Muraskys in
90
decision In that particular only are
they alike. Fickert contends that the
law expressly and by necessary impli-
cation provides for the nomination of
a member of one party by the men,
bers of another.
POINT MADE BY HENEY
Sullivan's contention is that the law
means what il says and that a candi-
date of one party can not be nominated
by the electors of another party, but
that Heney a republican who was not
candidate for republican nomination,
was eligible to democratic nomination
by the writing in process, because he
did not seek his own party nomination.
Suilivan's contention is based on the
partisan registration provisions of the
code. which deny the right of an elector
registered as the member of one party
TO vote in the primary election "on be-
half" of another party.
He argues that since Fickert was
formally a republican candidate he was
a part of the republican party and that
the union labor electors who voted for
him voted ION behalf of another po-
'Iitical party and in violation of the
code For Heney, he argues that since
Heney did not seek the republican NOM
ination and his name did not appear
on the republican ballot. democratic
electors who wrote his name on their
primary ballot could not be said to
have voted ION behalf of another
party"
IMPORTANCE OF DECISION
The decision of the supreme court
will not only determine the status of
Fickert and Heney and clear up the
atmosphere muddled by scores of am
ateur constructions Of the primary law,
but 1t will determine claims of John z.
McDougald to the democratic nomina-
ton for treasurer, Thomas F. Boyle to
the union labor nomination for auditor
and of all the doodle dee candidates but
one to their places on the Hearst ticket.
Hearsts men were of opinion Saturday
that the only doodle dee nominee not
affected by the Murasky decision was
a resident of Marin county. w. c. Shep-
herd, bona fide doodle dee and the
one straight party man nominated for
supervisor by either the Hearst leg or
the OConnell wing of doodle deeism.
denies and almost resenH the charge
that he lives in Marin county. Ac-
cording to III. H. Ordway, secretary of
the Hearst leg, Shepard has lived in
San Francisco for Is years and still
lives in San Francisco.
HENEY CAMPAIGN OPENING
Heney's campaign will open with a
great meeting in Dream1and rink at
POST and Steiner streets tomorrow
night. Charles S. Wheeler is to be
chairman Of the meeting and Hiram w.
johnson, Andrew Furuseth, NJ. !. Sulli-
van and Francis J. Heney win be the
speakers. The Heney league campaign
committee is making preparations for
an immense gathering of men and
women who are interested in the fight
the graft prosecutor is making for the
Office of district attorney.
The Heney club of the thirty eight h
district held a well attended meeting
last night in the permanent headQuar-
ters at 1911 Ellis street. Meetings are
to be held by the club every Monday
night.
Hereafter the hirty-fourth, thirty
third and fortieth district clubs of the
Heney league will meet Tuesday nights.
The club in the fortieth will be ad-
dressed by James ID. Phelan tonight in