Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-11-09
IRREGULAR DEM. TICKET"

IRREGULAR DEN. TICKET
BRILLIANT MOTE1zENT TO THRCU
OUT THE RAMSEY COUNTY VOTE.
A Supposed Master Stroke Ripped In tht
Bud--The Law Does Not Forbid q Part,
Name on Ticket--And Hence the Genius
Who Protested Has Wasted His Labor IL
Vain.
Some of the sorehead, defeated candidates
or their party, have discovered large sizeo
mares nest. They contend that the Democrat
ic party have lost their big vote in Ramsey
county, because the ticket generally used bore
the letters, at the head. 1.-The Regular Demo,
cratic Ticket" IF this defeats the will OF the
people, what's sauce for the goose is similar
dressing for the gander. In many Of the
wards the Republican ticket had at the head
'"Ihird Ward" ETC., for instance. Ii the nat
tering JUNCTION anoints the heart OF any one de-
feated, with the hope that he will get the per
quisites, he may just as well abandon the idea.
For some reason, not apparent to the
if the expressed desire and wishes OF the peo-
pie could be set aside. More to show the utter
absurdity of '.the plan" than anything else,
the GLOBE made inquiries Yesterday upon the
law and fact in the case. The assumption, to
override the vote, is based upon the following
election law passed at the last session of the
legislature:
Sro.s No ballot shall be used or voted
ut any election containing any cut or device on Its
face or any cut or device any written or printed
matter the back, or In any other way maoe TO ds-
tinguish one ballot from another.
The Interpretation of the law and the alb
surdity of the project to contest the election is
expressed as follows:
ATTORNEY GENERAL WILSON INTERVIEWED.
The Attorney General of the State
was first called on because street Cos
sip yesterday circulated pretty freely to
the effect that he had been consulted
as to the talked-of illegality of many of the
Democratic tickets used ut the election on
Tuesday, and gossip, moreover, said that Mr.
Wilson had given it as his opinion that the
tickets in question were Illegal; thai the deslg-
mating title ut the head Of the ticket, Straight
Democratic Ticket" violation OF the
law, and all ballots cast with such subscription
were illegal, and in consequence should be cast
ont in the count. Mr.. Wilson was met, as he
was leaving bis office, when the reporter asked
the gentleman if he had given it as his opinion
that the Democratic ballot was illegal on &C
count of the headline
Mr.. Wilson-No, sir; I have expressed no
such opinion, nor should express any opinion
because I do not consider it within my
province.
Reporter-Eave you been ASKED 1of your
opinion on the subject?
Mr.. Wilson-No: l have not been consulted
in the matter, and lnve not looked at the law
on the subject, and not familiar with its
terms. 1t is true hat indirectly have been
consulted; that is, persons have entered into
conversation upon the bject with me, but l
l., mir a WI, h
out looking over the law of the matter, and as
SAID before, l have nothing to do with it, and
should most certainly refrain from giving any
professional opinion.
Reporter-The question is whether printing
at the head of the ticket the words, Democrat
10 Ticket" or the number of the ward would
invalidate that ticket from being legal bal
lot?
Mr.. Wilson, do not know what the says.
I have not looked at it.
Reporter-The words referred to do not des-
ignate the ballot any more than the names
Donnelly or Washburn do, printed at the top
of the ticket. When the ticket is folded and
deposited there is nothing to distinguish it
from any other ballot.
Mr.. Wilson, should think SO: but, as I told
you, it is none of my business, and have not
and should not give any such opinion-it is
not my business.
COUNTY ATTORNEY ROGERS OPINION.
Mr. Rogers stated that in his opinion the OBJ
ject Of the law undoubtedly to prevent
fraud and imposition, and was an endeavor to
prohibit ignorant or unsuspectins persons from
being imposed upon. And that it could not be
said that a simple designation at the head of
the ticket. informing the voter that the ticket
exhibited to him is the ticket put in the field
by any particular party, is such device or
cut. which would tend in any way to deceive
or defraud anyone. Undoubtedly the courts
would look to the intention of the voter, and
if the ballot deposited was an index and repre-
sentation OF the names and nominees of the
party it pretended 10 be, then no wrong conld
there's nothing to be righted. In his opinion
he stated the printing of Regular Democratic
Ticket at the head of the ticket was not SUCH
a violation of the law would, in any sense of
the word, invalidate the election.
HON. II. J. HORNS BELIEF.
Mr.. Horn held essentially the same view as
expressed above by MIR. Rogers. He thought
no such claim or attempt to invaldate the last
election could stand the test of law in court.
The heading as used, in no way distinguished
or marked the ballot. when rolled up and ready
to be deposited. After ALL he commended, that
In all contested election the result de-
were deposited by qualified voters or not. He
concluded by ridiculin@ the idea of any such
attempt to Illustrate the will of the people, and
characterized any such contemplated action as
"a notion"
HON. ]. 3. BRIsBIN's BELIEF.
Mr.. Brisbin didn't believe any body was so
foolish as to propose contest on any such
grounds. Ho believed the law had been COM
piled with, and the heading referred to was
in no way violation of the spirit or letter of
! 10,
not device or cut. The law had for an object
to preserve the secrecy of the ballot The use
of the ticket in question didn't violate this
secrecy. In his opinion the VIII lie matter
hinged upon the individual will of the voter.
He could vote an onpea ticket, or one
with the device of an ass head,
on it if he chooscd. On the
ticket in question, the heading no more dis
tinguished it any more than did Washburns
name on one ticket, OF Donnelly's did on an
other. Each elector who used the ticket had
the option to do. To be sure, the judges of
elections might pass upon, or even refuse :.
ballot with device or cut on it, but once tax
ing it from a qualified voter, it was vote. The
gentleman expressed himself as amused at the
idea of any one presenting such d pretenco to
invalidate the election.
CITY ATTORNEY MURRAY OPINION.
The gentleman's opinion was elected by the
question:
Do you think the heading on the Democratic
ticket in general use on election day. invali-
dates that vote?
No. 1t is absurd to entertain any such an
idea.
To prompt why" Mr.. Murray gave his
reasons briefly, and substantially agreed with
the foregoing views. lie commended. as did the
others, that the ticket used could in no sense
be construed to mean that it in any particular