The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-12-10
Secure Temporary Order Re,
straining Examination of Poll
Lists by Contestants.
ENTITLED TO INSPECT BOOKS.
Decisions by Supreme Court and
City Counselor Recite That
Democrats Have Right to
Access to Records.

Before the echoes of the cry for "hon-
est elections had died out of their cam
paign oratory and "writs of prohibition
had ceased to be the subject of sarcasm.
the Republicans have rushed to the courts
to prevent the poll books from being ex-
| amined.
A desperate effort is being made to pre-
vent the contesting Democrats from get
ting the evidence the Supreme Court mas
ruled three times they have right to.
Attorneys and those who took note OF
the issues raised in the recent campaign
were surprised yesterday when the Re-
| publicans secured a temporary restrain
ing order In the Circuit Court to prevent
the Democrats from inspecting the poll
books in the Board of Election Commits
sioners' Office.
This action which temporarily serves
the same purpose as a writ of prohibition,
which the Republicans attempted TO use
| as campaign material in attacks on Dem
! ocratic candidates. was taken after the
Board OF Election Commissioners had
ruled that the poll books We're public rec
ords. The boards stand was supported
by decision of the City Counselor.
The Supreme Court has specifically
ruled that registration lists. poll books
and lists in the custody of the Commis-
sioners are open to inspection.
The writ was ostensibly secured by
Harry Troll, who was declared elected
ticket, but was the result of concerted
| action on the part of the Republicans. A
meeting Of the interested Republicans was
held in an office building, and then the
| attorneys, Rassieur, Schumacher and
| Rassieur. who have been retained by the
Republican contestants. went to Judge
| Douglas and secured the temporary order.
The order prevents the Board of Eiec-
| ton Commissioners and Secretary John
| Ellspermann Jr. from allowing Garrard p.
| Strobe, who is contesung Trolls election.
or any OF his agents, to inspect the poll
books used at the election. make any
copies Of them or any parts of them.
EVIDENCE OF IRREGULARITIES
Judge Douglas issued the order citing
the defendants to show cause next Tues
day why a writ of prohibition should not
be issued.
At striking variance with the tactics en-
ployed by the Republicans was the ac-
ton Of the Democrats in allowing those
interested in the contests against James
J..Butler to have access to the poll books
and lists.
Benjamin Schumacher said last night
that, while he had been retained by the
Repl blicans, he did not intend to secure
a writ from the Supreme Court. However,
the damaging evidence which the Demo
Gratis have been gathering with eash m, M,
spection Of the poll books has evidently
driven the Republicans to extreme meas
ures to hold their offices.
With evidence Of Irregularities and II,
leGalities, the Democratic attorneys and
agents were accumulating more even at
the time the writ was secured. The Re-
publicans lost sAo time in getting to the
City Hall and ordering the books put un-
der lock and key.
1t is said that every attempt has been
made by the Republicans to hamper the
collection of evidence by the Democratic
contestants One OF the clerks of the
the poll books are kept, Secretary Elisper-
mann Jr. having the other. The story Is
told that the Republican clerk absented
himself ror ten days, retaining possession
Of the key SO that the Democrats were
forced to wait until his return before they
could proceed with the work.
Forty days are aanSs allowed nd each ,h party BY
set apart as rebuttal period.
Regarding the right of the contestants
to examine the poll books the decision of
the Supreme Court recites:
ENTITLED TO INSPECT LISTS
lone whose object It is to vindicate some
public or private right is entitled to In
spect the registration lists. poll books. and
lists In the custody of the recorder OF
voters Of the city of ST. Louis, and used
at an election in said city,
City Counselor Bates based his opinion
IEle supreme SOuTI DECISIONS When ne
sent the following Communication to the
board as the result Of a request of Louis
P. Aloe. Republican Commissioner:
have the honor to acknowledge receipt of
my opinion whether defeated candidates at the
late election. who contemplate instituting elec-
csivad certificates OF election. have the fight
to sIamine the poll books and voting lists used
May had occasion. at the request of the
board. TO express my opinion to the effect that
applicable to St. Louis. We're public records and
subject to inspection. unless inspection was
Tsese po Booha snd BY sss u list,
public records;
least ns S s.ss s eedtenn
Tn Go my oRnGn So @.iesd held
the S neS sSGks and voting lists used at the
The notices and petitions of contest for
Thomas ]. Ward. the defeated Democratic
candidate for Sheriff. and Garrard +.
Strobe, who was on the same ticket for
been served and filed with the clerk of
the Circuit Court. All notices and petit
tions Of the other contests have been
prepared and will be served and filed De-
cember II.
ALL WILL CONTEST.
With the exception Of Daniel F. Hoch-
doerfer and "Gussie" Busch. candidates
for Coroner and Council, respectively.
contests will be instituted in behalf of
all OF the defeated candidates on the city
ticket The four Democratic candidates
for Circuit Court judgeships, who were
defeated, will contest the election of their
opponents, SO that in the Circuit Judge
cases alone there will be sixteen suits.
This number will be supplemented by
the proceedings to be brought by William
Zachritz. the only Republican candidate
for the Circuit Court who was defeated.
The contests for the Democrats will he
| conducted by Crowley & Jamison and
W. n. Williams. The attorneys in nre-
pairing the long petitions have used irree-
ularttfes in the returns on the. face of the
poll books and voting list as grounds for
action. In one instance the Democrats
charge that 3W votes were Illegally count
the contestants assert that 131 votes were
given to the Republicans total when they
should not have been.
The Eleventh and Fourth precincts of
the Third Ward are two Of the most inn
portant where the Irregularities exist, the
difference in these two alone being Al
votes, which the contestants want taken
from the contestees' total In other pre-
cinctS the Democratic candidates. 1t is
said, were not credited with the full vote
given them. The contestants maintain
officials conducted the polling and made
out the books. all Of the votes were ille-
gal. and should be thrown out.
Broke Watchman's Shoulder.
Tn Aul,< <o1Ion,iDc~ a <,rorr,l