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A e R S R v TR O S RS SR A . S PNt U L SR ! T S e TR R = (™ S— * him to repeat his opinion as given in THE SAN FRANCISCO, SUNDAY MORNING, JANUARY 10, 1897—THIRTY PAGES. CENTS. // FOUR DAYS OF \HEAV'Y FOG // LEGioLATORSWILL NEEDA GUIDE Trickery and Deceit Fail to Assist Perkins’ Cause. THAT SNAP “CAUCUS” A| / Wil % SACRAMANTO HAS HAD 7 A@wrrcounwba?m,;‘%% /‘ 7, % 7/ BOOMERANG. Republicans Are Not Bound by Pledges or the Fruitless Con'erence. PERFIDY AND DISEONOR OF A | | SENATOR'S CAMPAIGN. ‘ Boastful, but Skirmish Vainly | Managers of the Incumbent No Longer { | for Support. | SACRAMENTO, Cal, 9.—The leading and almost the only topic-of dise among legislators here Is the opinion of Judge Daly of the Code to the effoct that the Re- are not bound by Jan. ssion Commission publican members the action of the recent alleged caucus. To-night the Judge, in a discussion in the lobby of the Golden Eagle Hotel, repeated his opinion, and emphasized it in a manner that could admit of neither misunderstanding or dispute. It is conceded on all hands that if | Senator Perkins is not elected on the | first ballot next Tuesday he will be out of the fight for good. He is a most out of the fight now, with one leg in the polit grave, for it is well un- | derstood, and not dented, that seven | of the pledged fifty-eight who voted at the alleged caucus will vote for Samuel | M. Shortridge if Senator Perkins fails of election on the first attempt. | —-— & % | MUST HAVE A MAJORITY. | Judge Daly Tells Why the Snap “Caucus” Doss Not Bind the Republicans. SACRAMENTO, Can, Jan. 9. — The| "Seeties anuggestions at Sacramento as Sketched by Culver. 7 it YOURE RIGHT FHE opinion of Judge Daly of the Californis Code Commission, to the effect that the | pose of selecting the person for whom ecunt snap “catius” of a majority of the | they are iustructed tv vote. But tbat Republican members was not a caucus at | would not be a caucus. They could only 21l and that noboay is bound by it, has |20 into caucus with the exact number re- more comment than anything that | quired to make themselves competent to et been said thus far in the life or | bring about that result, for the reason ssion. Several Benatorsand Assem- | that if this thirty.one went into caucus blymen called upon the Judge and asked | with thirty-four more and the thirty-four were for a different person the thirty-one would not be able to keep their pledges to | their conatituents if . they should consider | themselves bouna by the rssult of the | caucus. “Sixty persons could go into a caucus | and pass a resolution to vote for a certain | person until released. That would be an | obstructional caucus and would, make a | deaalock. In that case the object to be attamned by the persons attending. the caucus would be to obstruct or delay the election, and being one-half of the total number of legislators, they would be “In a party caucus the majority camnot | sufficiently numerous to accomplish the bind the party, berause it is not a ques- | object for which they had met. You have tion of party government. According to |seen where a party in a majority bas CaLL the other day. The Judge has par- ticipated in many caucuses, both in New York and California, and is well qualified by reason of his New York experience to opinion on the subject, the politi- ons of the Republican party in New York being complete and thor- , while in this State parties are more v organized. This evening, in the lobby of the Golden gle Hotel, several persons got into a nssion with the Judge on the subject, 1n the course of which he said: the principles of the party every man is | divided for weeks during the session and free to ex s his choice until there is a | then united on some new man. Let us suffi number present to effect the | suppose another case: Say that seventy- cau | four men comprise a majority of the be ability on the part of | party, and they go into caucus. There /here men go into a cancus | are thirty-one of these under instructions 1s from their constituents | from their constituents. From seventy- | four take tnirty-one, and that leaves are not able to enter into any agreemeat | forty-three votes. Forty-three votes but one without violating their instruc- | would be a majority of that caucus, yet tions. For instance, here are seventy- | the forty-three could not accomplish their four people who form a majority of the ! object for the reason that the thirty-one 120 members composing the Legislature. | were obstructed, they not being free seventy-four is & majority which | agents and not being able to agree with plish any they wished in | the majority. a joint ballot. Let us say thereare thirty- | ‘“The principle summed up is that one under instructions from their con- | where men go into a legislative body stituents to vote for & certain person for | under instructions to vote for a certain United States Senator. These thirty-one | man they cannot go into caucus without people aim to form a caucus for the pur- k violating their pledges. A caucuscannot purpose of th “There m the caucu under instruectt it ceases to be a caucas because the men ‘F. W. LEAVITT, Republican Assemtlyman From the Forty-Eighth District, Oaklasds bind the action of any man who d: attend it, otherwise you would wipe out the independence and the individuality of every man who goes to the Legislature. | It must be remembered that there isa difference between a party principle and | the aet of selecting a gentleman to repre- | sent. that principle. The party issue is that he must be a Republican, and with that exception every man can exercise his independent action with respect to ‘his choice, ana he is not bound 1o go into caucus or by the action of those who do. Thirty-one men who are instructed have no right to go into caucus, for the reason that if they are less than a majority of the whole they cannot capry out their part of the agreement. 2 “If they go in with the agreement that a sufficient number of those present will agree with them and thus attempt to bind the rest, that is a scheme, and would be good if the number in caucus were jsuffi- ient to eiect, and 1f there is no under- standing the pledged men have no right to go there, because they would be in danger of violating their pledges. There is no National council in existence where the majority can control the minority in the selection of an individual candidate. Iam absolutely of the belief that every man can exercise his right outside of any caucus.” A very pertinent question asked by Judge Daly during the discussion was the foliowing: “You admit that the thirty-one under instructions cannot go into caucus unless they are sure that thirty-one will be a majority of the caucus by reason of their instructions, but that any number greater than a majority of the whole can bind the whole party. 1 will admit, of course, that in practical politics any proceedure that wins out is good, but how would it be ir the forty-three should go into caucus and determine upon the election of Mr. Way- mire? Would that, under your theory, compel the thirty-one instructed members of the Legislature to vote for Mr. Way- mire?” There is not & very large percentage of the members of the Legislature left in town, and those are hard at work answer- ing correspondence and preparing bills. Letters and telegrams continue pouring in from tbe south (o their representatives, setting forth that the constituencies are not for Mr. Perkins and that the delegates to the conventions were not authorized to adopt resolutions favoring the re-election of Benalor Perkins, but were sent to nom- inate candidates for offices. Hence the instructions given by county and Assem- bly district conventions were not valid and need not be followed. There is talk bere that Horace Davis of 8an Francisco will be injected into the fight for a Cabi- net position. This, if true, is regarded by the friends of Mr. Waymire as an attempt inspired by the Perkins pull to defeat Mr. ‘Waymire for the Cabinet in revenge for his bolting the alleged caucus the other evening. S ST NO LONGER BOASTFUL. Perkins’ Forces Wavering and Bllly Hamilton Is Desperately Grasp- Ing for Help. The outlook for an open and vigorous contest for the Senatorship is favorable. Foll owers of the old Federal clique, who were loudly boasting a few days since that Perkins bad a walkover and would receive the prize on the first ballot aamit ted last evening that the fight would be prolonged. The forces of Perkins are wavering. Billy Hamilton is reaching aut in desperation for help from the Dem- ocratic camp. The report reached him last even- ing that more than one who was enticed not | into tho Perkina { l with Judge Wayydg and othe® high- | minded ancs indepesdent Republicans. From authenticsources eomes the intelli- gence that Hamiiton and Jackson cannot nold Southern California Assembiymen with promises of patronage. Last night Hamilton cast his eyes over the San Francisco delegation and made a determined effort to win a Republican Assemblyman, but the San Francisco delegation remains unbroken. One of the chiel supporters of Perkins— a man who has been wusing every means to reconcile Perkins and Way- mire—said last night: *Untl two hours ago I was confident of Perkins' election. Something has been broaght to my knowl- edge which causes me to fear that the contest will be prolonged.” Grand Army men are indignant over the letter which Perkins recently wrote to Waymire, apologizing for his conduct in throwing down the Alameda Assemblyman for the Cabinet. It is said that Perkins’ explanation adds ineult to injury. Last night in the court of the Palace Hotel a Republican who has occupied a high judicial position in S8an Francisco said: “Tam taking a deep interest in the contest for the United States Senatorship. I have been in favor of Senator Perkins’ re-election until this time, but if what ex- Attorney-General W. E. H. Hart told me to-nignt is correct Perkins ought to be de- feated. I understand that Judge Waymire re- fuses to publish a letter which he received from Perkins, on the ground that it is private correspondence. ' Hart says he read the letter, and its meaning is plain that no man should aspire to a Cabinet position unless he can entertain in Washington in the style of a millionaire. Waymire is reminded that his poverty disfranchises him—that to.be poor is to be excluded from public honorand influence; that the high position of Cabinet Minister is reserved for men of vast wealth, and not for lawyers of limited income.” T do not know the exact language, but Hart says the inference is o plain that no other construction can be placed on it WATER HERE HAS A DARK BROWN TASTY] > NRATEVER yavoo OoNT BLow iroor L7 FROM SUYEDUN }W&&okns& a BT S e Ton R e [ TH 7 f = Ed R his promotion. It that leter should be published now I believe Perkins would be defeated. There are too many high- spirited and intelligent young men in the Legislature to allow the insult to pass without resenting it, and the only form resentment could take would be to retire Perkins from public life. We ought not to be represented by a man who enier- tains ideas of this kind. Iapprehend that every strugeling young lawyer in the Legislature must regard the Perkins doc- trine of public recognition of the rich and political degredation of the poor as an in- sult to intelligent American manhood.” From other sources 1t is ascertained that PerXkins did write to Waymire point- ing out the expense of maintaining an es- tablishment 1n Washington. He assumes that Waymire could not afford the ex- pense. Perkins knew perfectly well that ‘Waymire did not have the annual income of a profitable steamship company and therefore reasoned that he should not as- pire to a high position in the public serv- ice. Judge Waymire was seen at a later hour, and, speaking of the letter in question, said the correspondence was private, and that therefore be could not give it out for publication. He reluctantly admitted that reference was made to the cost of liv- ing in Washington. Waymire construes the Senator’s meaning to be thata poor man should not entertain aspirations to serve in the Cabinet. Judge Waymire regards this letter as another instance of Senator Perkins’ in- gratitude and perfidy. “The fact is now known, and I have been apprised of the incidents,” continued Juage Waymire, “that my betrayal was agrezd upon and conceived by Perkins before he left this city for Washington. When he was mak- ing personal professions of fidelity to my cause, promising to recommend me to the President, he was promising to perform the same office for Horace Davis. “He tola me that he had written to the President, mentioning Horace Davis, C. N. Feiton and myself, but thatothersthan myself were included as a matter of courtesy.”” OSCAR F. BREILING, Republican Assemblyman From Alameda " County (Forty-Ninth District). Wil vots jn Unefthen that Wagmire's noverty 1s a ber fo | @fTn this counertion the gossip goes that at the merpaants’ banquet Perkins sat near Senator Morehouse and Horace Davis. To Mr. Movehouse Perkins said: “I specially desire the honor of a re-election at the hands of the Legislature without leavisg my vlace in Washington, and one cause I bave at heart, and that is to see my friend Horace Davis in the Cabinet.” At that verv moment Perkins was pledged by every obligation of honor be- tween man and man to advocate Judge ‘Waymire’s cause. The history of politi- cal perfidy may be traced in vain to find a parallel for this example of treachery. High-minded and independent Republi- cans say that Perkins’ conduct is indefen- sible. The old moss-backed poiiticians of the Federal brigade—the brigade that alwavs appears on the field when the battle is won to gather the spoils of victory, but is never found in front when the battle is on—are now alarmed to activity at the desertjons from Perkins' camp. They tried to rally Irving M. Scott to do some bracing. Scott is quoted as saying: “Per- kins is dead and despised in Washington by his fellow Republican Senators, who say that he is nothing more than the echo of Steve White.” Thomas Shannon, ex-Congressman and ex-Collector of the Port of San Francisco, says heisnot taking a deep interest in the contest for the Senatorship. He re- marked: *Perkins has promised every- thing fourteen feet deep and won’t fill on more than one promise in ten.” Among the members of the Legislaturs in San Francisco yesterday were: Senators 3. J. Luchsinger, J. H. Dickinson, Samuel Braunhart, Hugh Toner, J. H. Mahoney, Eugene F. Bert, Edward I Wolfe, E. 8. Denison and R. Linder and Assemblymen Sig Bettman, Oscar E. Breiling, M. Cana- van, Leon Dennery, Henry C. Dibble, Frank Mahoney, Harry I Mulcrevy, Gus:ave Pohlman, T. E. Treacy and J. A. Waymire. Oscar F. Breiling, who represents the Forty-ninth District in the Assembly, is oneof the independent and progressive yourig men of the Republican party. He is not afraid of the whip-cracking of the Federal brigade of place-hunters. He isa Native Son, a good business man, of sound sense, and promises to wield an influence for good in the Legislature. PERFIDY AND DISHONOR. Waymire Now Unalterably Opposed to Perkins—Man, County, State and Nation Betrayed. From one of the Republican leaders in Alameda County it was learned yesterday that Judge Waymire has now definitely concluded toarray himself against Per- kins in the Senatorial fight, and to stand out against him first, last and all the time. Since the memorable *'snap” caucus at Sacramento, during the progress of which the Perkins managers heaped insult on Judge Waymire in addition to the treach ery with which they had encompassed and betrayed him, the Jatter has bad time to thoroughly and critically survey the situ- ation and review the shameful incident which resulted in his losing the high honor which had been almost within bis grasp. What significance he failed to see in the history of the past few davs, his friends pointed out. The result i3 his de- termination to resent wanton insult and treachery by asserting a manly and self- respeciing independence. His vote will never be cast for Perkins. One of his confidantial friends thns graphically and comprehensively ex- pressed his views in reference to the mat- BIS 0 RAILROADS Closing Arguments on the Powers Refunding Bill. SEVERAL AMENDMENTS SUBMITTED. Completion of the Work Before the House as a Committee of the Whole. PROPOSED INCREASE OF THE INTEREST, Now It Only Remains for the Lower House of Congress to Vote on the Measure. WASHINGTON, D. C., Jan. 9.—The text of the bill to refund the indebtedness of the Union and Central racific railroads to the United States was perfected to-day, so far as the committee of the whole were concerned, and the measure, with certain vending amendments reportea to the House at 5 o'clock, after .a three days’ parliamentary batule,jand a vote on its passage will'be taken Monday. In the course of the debate, which to- day was conducted under the five-minute rule, Bell (D.) of Texas proposed a substi- tute for the committee’s bill, fixing the rate of interest on the extended debt at 3 per cent per annum, instead of 2 per cent, as the company provosed. Harrison (D.) of Alabama also submitted a substiivte, constituting the Secretaries of the Treas- ury and the Interior and the Attorney- General a committee to settle the debt, with the approval of the President. To this Northway of Ohio proposed an amendment, making the committee to consist of thive persons, one to be ap~ pointed by each of the officials named. The committee of the whole adopted the two amendments offered by rarker (B.) of New Jersey to have clearly and compre- hensively specified the property and assets of the Union Pacific to be covered by the proposed new mortgage to the United States, end the other to-forbid the com- pany to dispose of any of its assets with- out the consent of the Secretary of the Treasury. Many members spoke to-day, and the discussion was quite interesting at times. The bill was advocated by Daniels (R.) of New York, Grosvenor (R.) of Onio, Arnold (R.) of Pennsylvania, Kyle (D.) of Mis- sissippi, Henderson (R.)of Ohio, Watson (R.) of Ohio, Cannon (R.) of Illinois, Knox (R.) of Massachusetts, Mitchell (R.) of New York and Faris (R.) of Indiana, and was opposed by Bowers (R.)of Cali- fornia, Johnson (R.) of North Dakota, Dockery (D.) of Missouri, Boatner (D.) of Louisiana, Hilborn (R.) of California, Harrison (D.) of Alabama, Beil (D.) of Texas, Maguire (D.) of California, Mc- Lachlan and Barham (R.)of California, Bartlett (D.)of New York, Grout (R.)of Vermont, Perkins (R.) of Iowa, Parker (R.) of New Jersey, Lawson (D.)of Vir- ginia, Hubbard (R.) of Missouri and Northway (R.) of Ohio. 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