The San Francisco call., 1905-03-28
MUST PUT NAME
ON THE BALLOT
Supreme Court Rules Against
Steve Kelly Faction in
City of San BernardinO
PARTY GOVERNING BODY
Decision Upholds the Action
of the Republican State
Committee in the Case

The Supreme Court yesterday issued
a peremptory writ of mandate directed
to City Clerk Harry Allison of San
Bernardino, compelling him to place
the name of j. J. Hanford, Republican
candidate for Mayor, on the ballot un-
der party designation for the local cleo
ton, April 10. 1t appears that ma
jority of the Republican committee of
San Bernardino decided against hold
ing regular party convention, resolv-
ing to place non-partisan ticket IN
the field. The minority members OF
the committee, however, filled vacan-
cies, called a convention and nom
mated ticket. The City Clerk re-
fused to place the ticket on the ballot
and the Superior Court declined to is
sue writ of mandate compelling him
to do so. In the meantime the execu-
tive committee of the Republican State
Committee was appealed to and rem
dered a decision contrary to that rem
dered by the City Clerk.
General George Stone, chairman of
the State Committee, regards the Su-
preme Court ruling as particularly ad-
vantageous to the organization, mas
much as it recognizes the committee
as the governing body of the party in
fact as we'll as in name.
The election law excludes from party
designation any party that cast less
than per cent of the vote at the prior
election. Exclusion of the Republican
ticket in this election would compel
the party to resort to petition at the
next election in order to find place on
the ballot
The point was raised by Byron
Waters, counsel for the City Clerk,
that the State committee in recogniz-
ing the minority convention performed
a judicial function, which it had no
| authority in law to perform. The Su-
preme Court practically holds that the
| law authorizes the committee as the
governing body Of the party to settle
disputes of this nature. The court in
quired if the City Clerk in refusing to
give the Republican party designa-
ton on the ballot was not performing
a judicial function.
The ruling of the State committee
happened TO be adverse to the Repub-
lican faction in San Bernardino. head
ed by Steve Kelly. The fight is now
on, with Kelly leading the non-par-
tisan forces, embracing many inde-
pendent Republicans and the regulars
are headed by ]. j. Hanford. General
! Stone maintains that the "organiza-
! ton" has no preferences in the local
contest, but as the governing body OF
decide where disputes of this charac-
| ter are submitted for decision.
| 1t is contended that if the law were
| interpreted as Steve Kelly's support
| ers in San Bernardino would have the
courts interpret it, the majority of a
committee could assassinate the party
which ii. was chosen to perpetuate by
simply refusing to call a convention.
The decision rendered by the Supreme
Court gives the minority q right to
maintain a party Organization when
the majority fails or refuses to act.
United States Senator Frank P.
Flint is in San Francisco, expecting
to leave for Los Angeles this evening
or tomorrow. All reports from Wash
! ington, d. c., represent that the new
| Senator from California made an ex-
eellent impression in the Senate. Sen
ator Flint recently purchased residence
| property on Massachusetts avenue
with view of living in comfortable
home-like fashion during his term OF
office.
The junior Senator brings the graft
| flying intelligence that the President
entertains great admiration for our
senior Senator, George c.. Perkins
! Senator Flint himself is constrained to
say that our senior Senator stands high
in the estimation of the statesmen in
| the national capital. General Stone
| chairman Of the State Committee, and
George Hatton bring similar reports
| touching the position which Senator
| Perkins occupies at the national capi-
| tai. Moreover, it is noted by every
| day observers that the senior Senator
| is beginning to look like a statesman