The San Francisco Call. Newspaper, October 20, 1898, Page 1

Thig Paper not! is be taken fror | the Library.++** "VOLUME LXXXIV. 142. THE LAW SAYS THAT PHELAN'S SATELLITES ARE NOT RESIDENTS UGENE P. MURPHY, who was induced by James D. Phelan to register in & ward other than the one in which he lives, in order that he might become eligible for the candidacy for Supervisor, says that he has lost his vote. ‘Will Mr. Mur- phy, or his adviser, Mayor Phelan, tell an anxious public why, if his change of residence was bona-fide and legal, he has lost his vote thereby? The contemplation of the law regard- Ing the change of residence is to pro- tect legal voters. If Mr. Murphy made @ legal change he is as much entitled to a vote In the Ninth Ward to-day as he was when he made the change, and if he desires to vote for his friend and political adviser, James D. Phelan, he should go to the Ninth Ward and offer vote to the judges. If he does so, it his vote is challenged, will he gwear it In? If there was no fraud in the change of residence there will be none in voting in the new ward. | Jeremiah Deasy changed his resi- @ence to the Tenth Ward after he was | nominated. He states specifically that | he will return to his old residence in| the Twelfth Ward after the eIect!nn.; hether he is elected or not. If Mr. | /s vote is challenged, and it un- | will be, will he swear that a bona-fide resident of the Tenth Ward? . i B =B 02855 E-EE-E-0-EN-E-E-EEN THEIR NAMES SHOU temporarily to become el elected they will not be and will be thrown out. trangressed the electio | affairs. The best lawyers of the city state positively that if the men who changed their residences This being undoubtedly the law, the names of all men who have thus from the tickets, whether they be Democrats, Populists, Republicans, or of any other party. PRICE FIVE CENTS. WILL THEY SWEAR may not be compelled [CXOXOXOXOXOXCIOYOXOXOROXCOROJOXO MM residences. > was bona fide ? OJOJOJOXOJ IoYcloYoRCIoXCEOOROOXO] be a crime punishable by imprisonment for life in another man becomes legal when done by this autocratic dictator. Like a conqueror he billets his hench- men In the subdued wards of the city, because he fipds no man, in the whole of five wards, fit to look after the city’s | ® Almost one-half of the| city is devoid of men who | arefit to sit in council with LD BE TAKEN OFF. 7| igible as candidates are entitled to their seats n law should be taken [ 8- E-0-0-E-EaN nged his residence after he was nom- | s 0ld home it is said that | there. At the Nob Hill 1d that he sieeps there| y week. Wil Lewis F. | vote is challenged, an inated. he still livi House 1t 1 ne night ev will be, swear that he is | ident at First and Harri- re Gutte swear that he did | a_ temporary change of resi-i in order to evade the law? Will wear, if his vote is challenged, that | he is, really and truly, a resident of | the Fifth Ward? | Lewis de F. Bartlett still hoids his room in the Eighth Ward and his land- lady was unaware of the fact of his| removal. When his vote is challenged will he swear that he is a resident of the Third Ward? | Will Isadore Gutte, Jere- | miah Deasy, Lewis Bying- | ton and Lewis de F.Bart-| lett, the men whom James | D. Phelan said were better | than any man in the Third, | Fiith, Seventh and Tenth| wards, state under oath| that they are genuine resi= | dents of the wards into | which they have moved ? Will Eugene P. Murphy swear in his vote in the| ward of which he said he| was a legal resident ? The law regarding change of resi- | d registration was enacted for | on of honest voters. Ad- | this law has been taken | me again by men who de- | petrate frauds on the bal- ernberg was sent to | the State Pri for doing this, and | when his se was commuted Mayor Phelan criticized the Governor's act of clemency and sald: | “The offender should be | punished with life impris- onment without power of pardon,” When Mephisto Phelan lures men from thelr homes into cheap boarding- | houses in order to evade election laws | wherein does his act differ from that of | Sternberg? If Jeremiah Deasy is not evading the election law why does he re! his residence on Fulton street, and why does he say he will return there immediately after the election? Why is Byington at his home on Post | street every night if he lives at the Nob Hill House on First and Harrison | streets? Why does Bartlett keep his ! room at 607 Post street if he s a bona- | fide resident at the Coso House? Why | is it that Gutte spends so much tine atf his cottage on Leavenworth street if| he is a resident of the Occidental Ho- tel? Possibly these men are following in the footsteps of Faust when he fore- gwore his vows. And Mephisto Phelan | mav say to them, as his arch-prototype | sald to Faust: “You are not the flrat’ man who tried to climb to heaven on} the ghoulders of the devil.” Since Phelan arrogated to himself the | position of chief purifier of San Fran- | cisco pelitics he possibiy imagines that he can do no wrong, and what would | 1fve in the Third, Fifth, Seventh, Ninth this silk hat, kid glove Mayor. Phelan says, and it comes back in a braying echo from Kearny- street, that some of the wards have no residents. f there are mo residents, why put up election booths in those wards? Pos- sibly Phelan’s idea of a resident is a man who wears a silk hat and kid gloves, and who does not have to work for a living. What do you men who and Tenth wards think of this? You are not even good enough to be called @@@@@@@@@@©@©@®®@®@©®©@@®©®©®®©®@© Mayor Phelan says there is not an honest Democrat in either the Third, Fitth, Seventh, Ninth or Tenth wards, and in order that he who do not wear kid gloves, he has colonized those wards with his satellites from the aristo- cratic wards of the city. Of these men, Bying- ton, Bartlett, Deasy and Gutte have taken up a residence in those wards, but retain their old The law regarding changes of resi- dence was made to assist honest voters. will these mien swear that their change of residence residents, but Phelan wanta your votes. (00} IN THEIR VOTES ? to associate with men fofoyotoloolclelCRoXoXOXOROROROOXOXOJOROROXO] [OJOXOXOROROJOROXOROLORORCRORORORO} foYoYoxorololololoolofooIoXoXOoAO) §STERNBERG’S CRIME [c1C] © The crime for which © he was convicted was 8 the procuring of resi- ® dents of the city who ® ® were legal voters |2 thereof to registerina ® Senatorial district g other than that of their @ residence, it not being g charged that they |© voted more 'than once. PPPEEPPPPEPPPAOPEOO [SYoXOXCROXOXOROOJOXOJOROROJOXOJOXO) fQXOJOTOX XOXOROFOROXOJORCROROXOJOXO} ® WHAT PHELAN DID 3 ® pp— g The act for which he ® is, condemned is, the 8 procuring of residents 8 of the city who are le- ® gal voters thereof to 9 register in a Supervi- ® sorial ward other than g that of their residence, 8lt not being charged © that they will vote © more than once. Yo rolerelorcrelelelolololololoRs) and wanted The Call to investigate something else and let this question of residence alone. Now that the matter has been brought before the public it is claimed that everything was done openly and aboveboard. If this be true, why is it that the candidates were so quietly sneaked into the other wards, that at thelr own homes it was not known that their residences had been changed? While the Examiner whines and the subsidized Bulletin brays in pitiful at- tempt at justification, Mephisto Phe- lan himself had a defense. = And what a defense! He did it because he wanted [oXOYOXOJOXCCROXCROYOJOROYOYOXOROXOXOS The subsidized Bulletin, which brays when Pheldn laughs, follows the lead of the dictator, and brazenly admits that these men were sent into the ta- booed wards because there were no honest men there. It makes no denial —it has no defense except a denuncia- tion of The Call for showing Phelan in his true colors. Byington was more consistent. When he was told that this colonization of candidates was to be made publi¢ he classed it as an outrage - JUST A CASE OF “BEFORE AND AFTER.” MR. JAMES D. PHELAN. C POLITICAL CODE. g Section 1233. If the chal- ® lenge is on the ground that ® he has not resided in the @ county for ninety days, or precinct for thirty days next ® preceding the election, the @® person challenged must be = sworn to answer questions, @® and, after he is sworn, the ® following questions must be ® propounded to him by the @ Inspector: ' © 1. When did you Ilast © come into this county or @ election precinct ? ® 2. When you came into @ this county or precinct, did © You come for a temporary @ purpose merely or for the © purpose of making it your home ? @ 1239. The Board of Elec- @ tion in determining the gplm of residence of any @ person, must be governed © by the following rules, as 8 far as they are applicable: ® 3 A person must not be © considered to have lost his © residence who leaves his © home to go into another @ State, or precinct in this 8Stnte for temporary pur- @ Pposes merely, with the in- @ tention of returning. © 4 A person must not be gwnsidered to have gained @© a residence in any precingt @ into which he comes for © temporary purposes mere- @ ly, without the intention of © making such precinct his 2 home. ’ @ 7- The place where a ® man’s family resides, must be held to be his residerce; ® but if it be a place of tem- @ porary establishment for @ his family, or for transient ® o\b]ecu. it is otherwise. ‘ 9. The mere inteation to acquire a new residence, @ without the fact of removal, ® avails nothing ; neither does the fact of removal without © the intention. 8@@@0@000000@0900@ [oXc] [oJo] {OJOXCIOJO] honest men. Honest men! No man in either the Third, Fifth, Sev= enth, Ninth or Tenth wards as honest as a man ready to perjure himself for po- litical preferment! And while Phelan laughs and the 8ubsidized Bulletin brays, what do the people of those wards think ? Mayor Phelan says that a man who will act a lie—live a lie—is better than any man in almost half of the city. There are undoubtedly many honest Democrats, but what kind of men must the Democrats of the Third, Fifth, Sev- enth, Ninth and Tenth wards be when the boss of their party openly says that none is as good as a man who will se- cure an election by fraud? But there is another defense on the part of the friends of Phelan. They say that others have done it. That is terribly true. Others have done it and many of those voters have gone to the penitentiary for doing it. Sternberg did it, and when the Governor com- muted Sternberg’s sentence Phelan said that his imprisonment should be for life. The contention of Mayor Phelan and also his newspaper supporters is that what has been done is perfectly legal and.proper. Mr. Murphy, in his talk with a Call reporter, said that he was convinced that it was perfectly legal. Mayor Phelan, in an interview pub- lished in the Examiner of October 19, says: “The Call has been imposed upon again. If I had been asked I cer- | tainly would have advised Mr. Murphy | to qualify in the Ninth Ward according to the old law; otherwise, if elected, the courts might question his title to the seat. There is not the least suspicion of {llegality about the temporary change of residence.” - The Examiner of the same date says: “Now the poor Call, eager to smirch Mayor Phelan, accuses him of getting Mr. Murphy unlawfully to change his residence, so as to qualify as a candi- date in the Ninth Ward. As a matter of fact, there being absolutely nothing wrong in the matter, Mr. Murphy changed his residence temporarily on the advice of the convention commmit~ teeM To a Call reporter Mayor Phelan safd: “I was not consulted in this matter, but had they consulted me I certainly would have advised the course taken. I would have done it myself had I been in their position.” The Examiner and Mayor Phelen are —— < 8@@@@@@@@@@@@@@@@@@@@@@@é@@é@@@@@@@@g ° PHELAN’S DEFENSE. Mayor Phelan in an inter- view published in the Ex- aminer of October 19 says: “The Call has been im- posed upon again. If 1 had been asked I certainly would have advised Mr. Murphy to qualify in the Ninth Ward, according to the old law ; otherwise, if elected, the courts might question his title to the seat. There is not the least suspicion of illegality about the tempor= ary change of residence.’” The Examiner of the same date says: «Now the poor Call, eager to smirch Mayor Phelan, accuses him of getting Mr. Murphy uniawfully to change his residence so as to qualify as a candidate in the Ninth Ward. As a mat- ter of fact, there being ab- solutely nothing wrong in the matter, Mr. Murphy changed his residence tem= porarily on the advice of _the Convention Committee.” To a Call reporter Mr. Phelan said: " | ] was not consulted on this matter, but had they consulted me I certainly would have advised the course taken. [ would have done it myself had [ besn in their position.” [oJofoXofoFoRoofoJoJoRooJoRoJoloJo) emphatic in their assertions that every- thing was done legally. Evidently there is a dearth of law books in the offices of the MayqQr and the Examiner, for the code has other views on this most im- portant matter. Here is what the Po- litical Code of California has to say on the subject: “Section 1233. If the challenge is on the ground that he has not resided in the county for ninety days, or in the precinct for thirty days next preceding the election, the person challenged must be sworn to answer questions, and, after he is sworn, the following questions, must be propounded to him by the in- " spector: “1.. When did you last come to this count tion precinct? "x.tyw‘zl:e;w;ou ctvme into this county or precinet did you come for a tempo- Continued on Tenth Page. ¢ [oJofoloRofofofofoelololofolofofojofololofoJoXofofofoolololoYoJoYofofooYoYoJoYotoYeJoJorcToYoYooYolooYoo) . ’