The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-09-11
R0BINSON'S DECISION
ALREADY FmORECASTED
Republicans Express Opinions as
to How Their Sides Will
Be Upheld.
SOME LAW AND MUCH PJLL.
Hard to Tell Which Will Prevail
Practical" Arguments Are
Used by Advocates
of Fusion.

Said a member of the ACKNOWLEDGMENT
Phelps-Butler Republican faction yester-
day: You can call it a job. 81 you wish.
: but there is absolutely no doubt about the
TACT that we are going to name the judges
and clerks of the primary. We have liter
ally taken the last resort and have not
done SO without knowing what We were
about.
w expect Judge Robinson OF the Su-
prene Court to issue Friday a provisional
VIII Of prohibition against the Board OF
Election Commissioner compelling it
TO appoint the judges and clerks named by
the old City Committee. We will be
greatly mistaken In our man If he fails to
issue the order. Phelps has said that
everything would come out all right. and
he ought to know.
mo one can kick because we have taken
the case before Judge Robinson He Is
the only Republican member Of the court
and We are only following out the principle
of home rule when We appeal 10 him to
help us out OF a bad hole. OF course, We
figure that there will be a storm raised
over a decision upholding US, but then that
VIII die down in a month or so and We can
then put in extra ticks for Whybark, His-
bee and Lamm 10 redeem the Supreme
QUOTING SUPREME COURT DECISION.
Not so with members of the antifuson
lection Said a weli-posted Republican.
who is In favor of a straight Republican
ticket and against Kerens: Judge Rob
iason cannot afford to prohibit the Board
of Election Commissioners from exercising
its free judgment in deciding between the
two city committees.
In Bss the Supreme Court decided that
TN Board Of Election Commissioners had
absSute power to recognize one of two
comnI\ees: In the Higgins case, which
court had a right TO question its functions
IN that matter. The law Of 1885, under
which that decision was given, has not been
changed In that regard. II Robinson re-
verses that decision he will be the laugh
ins-Stock OF every lawyer in Missouri.
wr;a of most nTob ne Gan only M .e Issue se, Pr Tn,d maj
October term of court. when the entire
bench can pass on the matter. What right
has be to usurp the functions Of the Board
of Election Commissioners by telling tt
what to do in advance OF any action7 II
Judge Robinson is fair he VIII call fellow
members of the court on the bench to SIT
with him in passing or the question He
cannot be accused of unfairness in that
CITY COUNSELOR BATES TO APPEAR
a above are the ways In which the TIVE
factions look at the case now before the
Supreme Court Yesterday morning the
Board of Election Commissioners designated
City Counselor Bates 70 represent IT beors
Charles Claim Allen viii also be on hand
TO render any assistance which they can
It is expected that City Counselor Bates
viii argue against the issuance Of the pro-
vislonal writ
III the writ were issued and the board
oheyed there would still be the alternative
Of the recognized City Committees asking
for a mandamus compelling the postpone
ment of the primary until the Supreme
Court could pass upon the provisional writ
OF prohibition
Messrs- Minnis and Allen appeared before
the board yesterday in behalf of the reor-
sanized City Committee. and asked that il
be recognized Thew said that the board
was the final authority in all questions per-
tanning to the primary. ana that no court
had a right to step In and run the business
taken.
MERIWBTHER CAN'T
CORRAL HIS MEN.
Meanwhile both factions. have spent much
time in registering voters An especially
large number of negroes has been regis
tered. It Is said that Lee Merivether has
been unable to persuade any or Esfolios-
ers to register, and that now there are
books.
The Board of Election Commissioners
viii meet again to-day to pass on matters
pertaining to the primary. Owing to the
short time left to finish details. the board
is compelled TO hasten the work prepar2-
tory to the primary
Max +. Ruler yesterday formally with
drew his name as a candidRte for Justice
of Peace In the Ninth District This leaves
+. A. Cline, the present incumbent. and
John A. Hyde as competitors. Cline "a
aligned with the anti-Kerens faction. while
Hyde is being boosted by the Kerens-But-
Ter combination Hyde Ia a
figure about the Justice Courts.