Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-09-09
May OPPOSE DAVIS
'TOSUCCEED FINLEY
administration Injects Itself
Into Fight and May Demand
! Primary Choice
Ask FOR LEGAL OPINIONS

r,o Moore administration today in
,,,tod itself into the situation created
!. ~. death Of Councilman Finley and
4 taking legal steps that may bar a
,nord. .picked" Ware candidate from
,oce on the ticket in November.
The Ware organization plans to nomi .
,,,o Harry G. Davis for the Council
,"cancy. The Republican city commit. :
,ss will meet next Monday. and, " Is
,.d ;ndorse the nomination OF Davis
70 Tho city committeeman In, the First
s;,,rict The organization leaders dis :
swts Republican Alliance claims that
nonilar primary should be held.
Gtv Solicitor Smyth is studying the
i,.ol phases of the situation. He seeks
~ determine IL Finley's death caused q
t,cancy on the Republican ticket or q
tscancy in Office. 80. It'd,
Ware leaders, combating the Alliance
| alan Of popular primary, cite pre- :
pt,dont when Councilman Hall was
..med by the city committee as the
sominee In place Of Charles Seger. who
s;sd after he had been nominated fol
Touncil but before the election was held
Administration leaders say the Hal
,-ecedent will not hold water in the
prssent case. Hall was nominated. they
,.v, 10 fll a vacancy on he'ticket. as
,ss Second district voters already had
Ind voice at the primary.
Precedent In Court Decision
Mr. Smyth is expected to give ar
oninion in few days. It is said that
4 the city solicitor rules vacancy In
Office exists, an injunction will be sought
N restrain the county commissioners
from printing the name Of the Ware
choice on the November ballot.
One difficulty stands in the way o.
| this possible Interpretation. Justice
| Mitchell, Of the Pennsylvania Supreme
| Court several years ago in disputed
| election case gave an opinion that tend'
| 10 bear out the Ware contention in tn,
present instance.
This Supreme Court decision is beinl
studied. Administration lawyers are
| ronfdent that the ruling does not OF
prtly cover the situation in the FRS
district, which embraces the First
. Twenty sixth. Thirty sixth, Thirty.
ninth and Forty eighth wards.
Alliance leaders are now backing
John F. Scanlon, Alliance leader of the
Thirty sixth ward. for the Finley va.
rancy. Scanlon, however, is not ac-
The Mayor has not forgotten a speech
riven by Magistrate William +. Camp.
bell, administration leader of the Twen
y.afth ward.
Scanlon Displeased Mayor
scaplon, at that dinner, spoke slight
irgly Of the civil service law and de.
csred that certain blue bloods'
should be driven from City Hall. Re.
Gently when Mr.. Moore chanced tC
meet Scanlon in a City Hall corridor
the Mayor remark9 d: "oh! Here's th'
The Mayor Is said to desire biz
business man to run for Council from
the First district.
II the administration lawyers find ,
loophole that will permit an appeal Il
the courts, it is said the Ware organiza
ton may change front and advanc,
some candidate other than Davis for.
mer assistant director of public safety
who now has decided edge" on tn,
rest of the field.
Senator Ware announced today h
would open the campaign for the elec
ton Of a successor to Finley at a rail-,
in the Thirty ninth ward tomorrow
night.
The senator will be in personal charg
Of the fight against the Traine
brothers.
Incidentally the senator had this +
say about the Trainers, who are back
Ing Scanlon.
I 81 can't understand why there Is s.
much talk about how the vacancy cause,
by Finley's death will be filled, par
ticularly so soon after his death. Ther
Is no question, to my mind. as to tn
only legal way in which this vacanc,
can be filled, and when that time come
1t will be done in that way. There /
no possible way in which Trainer cal
secure court intervention, for this va
CanCy will be filled according to law"