St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-03-29
Two Members of the House,
But Withdraws His Papers
After Service.
It Is a Revival Of the Red
Wing Reform School
Scandal.
A Constitutional Point Raised
Involving the Holding Of
Dual Offices.

IL was SHOrCiy dIlef noon yesterday.
The house was working like Trojan.
The senate slept. Speaker Graves picked
mote from his eye. The charming
ladies in the telegraph and telephone
departments of the legislature yawned.
At this instant vassal from the at
torney generals Office entered the house,
and, picking his way to the desk Of
Representative Husher, over the bodies
| of members dead from overwork,
| handed to Mr.. Husher two formidable
| documents. The first Of these was
petition to the supreme court of the
state, and reads:
Estate of Minnesota in supreme court.
| The state of Minnesota, upon the rela-
| eral. plaintiff, VS.. f. A. HuSher, de-
| fendant. To the supreme court of the
| state of Minnesota: That the defend
| ant, T. A. Husher. was, at the general
| election held on the 9th day of NOvem-
Der. A. d. 1888. duly elected a member
| of the house OF representatives for the
| Twenty-ninth senatorial district. being
| in the county of Hennepin and state Of
| Minnesota; that he duly accepted said
| office. qualified. entered upon the du-
| ties thereof, and is now the acting rep
| from said district: that in and by sec
ton 9, article 4. of the constitution of
| the state of Minnesota. it is provided
that no senator or representative shall,
| during the term for which he was
! elected, hold any office under the au-
thority of the United States or the state
of Minnesota except that of post
master: that the said HuSher
was elected for the full term
| = 1-% \
| of January. A. ID. 1889. That contrary
| to the provisions of the constitution of
| the state of Minnesota the defendant
unlawfully usurps and holds and is
now holding the Office of member Of
the board of managers of the Minnesota
state reform school, which said Office is
| created and exists under and By virtue
of section 42, chapter 50 of the General
Statutes of the State of Minnesota for
| the year 1878 and the amendments
thereto. Wherefore. plaintiff demands
Judgment that the defendant is not en-
| titled to hold said Office and that he be
ousted from said office of member Of
the board of managers of the Minnesota
state reform school.
| Dated st. Paul, Minn, March 20, 1889.
| MOSES z. CLAPP.
Attorney General.
DAVIS, KELLOGG & SEVERANCE.
| PlalntlH'S s Attorneys.
The second document was an order
| from Chief Justice Gilfillan to Mr..
| Husher. 1t cites the facts that the at
| tornev general has petitioned for a writ
| of quo warrantO upon F. A. HuSher, for
him to show cause why, under the con-
| stitution of the state, he should not be
| ousted from the Office of member of
the board of reform school managers.
He is to show his cause On April 2.
Similar papers were prepared to be
served on Representative f. w. HOyt,
| who is also a member of that board.
| Section 9. article 1, of the state conSti-
| tuition provides that
mo senator or representative shall,
| during the time for which he is elected.
| hold anv office under the authority of
the United States or the State of Min
| neSOta.
Col. Husher and Mr.. Hoyt are not
| onlv legislators, but members of the
state reform school board. The pro-
ceedings begun against them are part
of the imbroglio in which Red Wing
has been involved in while endeavor-
| ing to secure the reform school. Col.
Husher and Mr.. HOyt. as members Of
| the board. are obnoxious to one of the
| factions involved in the squabble over
the reform school site, and they took
| this means to get rid of them. But the
papers had hardly been served yester-
day afternoon when peremptOry order
| from the attorney generals Office called
them back. By some miSunderstand-
ing they were served too soon. or at
least against the present wishes of the
| attorney general himself. Messrs.
| Husher and HOyt are both valuable
| members of the. board and the legisla-
| ture, and this action is the first ever
brought on this clause of the constitu-
ton. In one sense the law ought to be
| enforced, for it is growing evil that
| state institution officers are becoming
members of the legislature. and there
| by forming a strong faction for their in
| stitution interests. The following men,
bers of the Legislature are holding other
state offices:
F. W. Hoyt. F. A. Husher, Hudson
| Wilson. R. A. Smith. G. S. Crandall. NJ,
J. Daniels. h. E. Hoard, J. Compton
and E. NJ. Pope.
Senator d. S. Hall is a congressman
under pay, and no longer legally leg
islator. every act of his in the senate
| being Illegal.
1t has become quite the fashion for
| state institutions to elect one of their
/ officers to the legislature, despite the
| illegality of the act. Col. Husher
| laughed at yesterday noon's proceed
| ings, and did net think they would
amount to much. As Mr.. Hovt was alb
| sent, the papers could not be served on
| him. Further proceedings may be
looked for in day or two.
|