Under this ruling it appeared that, in spite of the objectionable partisan provision of the Direct Primary law, the San Francisco election could be held on the non-partisan basis which had resulted in the election of Taylor and Langdon two years before. The one issue before the San Francisco electors was continuance of the Graft Prosecution. The supporters of the prosecution, Republicans as well as Democrats, desired to vote for Heney. McCarthy was the avowed Labor Union party candidate for Mayor. The Union Labor party was considering the nomination for District Attorney of Charles M. Fickert. The prospects were good that Heney would receive the Republican and Democratic nominations, as Langdon had two years before. He was supported by the better element of both parties, and opposed by the anti-prosecution element of both. This opposition found expression in the Republican party in a committee of twenty-five, at the head of which was I. W. Hellman, Jr., of the Union Trust Company.[447] The better element of the party planned the nomination of Heney, as did the better element of Democrats.
On a non-partisan basis, such as had prevailed in 1907, the Union Labor party would have nominated McCarthy for Mayor, and Fickert for District Attorney, while the anti-machine, pro-prosecution Democrats and Republicans would have nominated a strong candidate for Mayor, and Heney for District Attorney.
Conditions were thus shaping themselves admirably for continuance of the non-partisan administration of municipal affairs, which had at least blocked corruption, even though it had not beaten down the barriers of technicality, which stood between the corruptors of the municipal government and law-provided penalties.
But this developing non-partisan arrangement was suddenly overturned in an opinion rendered by the Supreme Court, reversing the ruling of the Election Commissioners.
The court held that the partisan provisions of the Direct Primary law prohibited the name of a primary candidate appearing upon any primary ticket except that of the party of the candidate’s affiliations.
Under this ruling, Fickert’s name could not go on the Union Labor party primary ticket, for Fickert had affiliated with the Republican party. The Hellman committee of twenty-five (Republican) immediately took up the Union Labor party candidate for District Attorney, whose name could not go on the Union Labor party primary ticket, Mr. Fickert being apparently quite as satisfactory to Mr. Hellman and his associates as he was to Mr. McCarthy.
Heney, under the Supreme Court’s ruling, found himself in a more difficult position. With other California Progressives, Heney had in 1908 supported Taft for the Presidency. His political affiliations were therefore, under the provisions of the Direct Primary law, Republican. His name could be placed on the Republican primary ticket, but not on the Democratic. But it soon became evident that if his name went on the Republican ticket he would be defeated at the primaries.
The registration of voters under their party designation to enable them to vote at the partisan primaries showed an astonishing condition. The machine, anti-prosecution element was discovered to be massing its strength in the Republican party. Two years before, Daniel A. Ryan, the Republican candidate for Mayor, had received only 9255 votes in San Francisco, while Taylor, the Democratic candidate, had received 28,766, and McCarthy, Union Labor, 17,583. But for the 1909 primaries, no less than 47,945 registered as Republicans, a gain of 38,609 over Ryan’s vote,[448] while the Democratic registration was 17,632 only, 11,134 less than Taylor’s vote, and the Union Labor registration, 10,546, or 7037 less than McCarthy’s vote in 1907. Heney’s name could not go on the Democratic ballot. If he permitted it to go on the Republican ballot, the tremendous Republican registration indicated that the anti-machine Republicans would be outvoted by “machine” members of all parties who had registered as Republicans.
By another provision of the election laws, Heney, should he be defeated at the primaries, could not become an independent candidate; defeat at the primaries barred him from running at the final election.
Heney was effectively shut out from participating as a primary candidate. And this, in face of the fact that the anti-machine Republicans and the anti-machine Democrats were striving to make him their candidate.