St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-01-05
ON The ANXIOUS SEAT.
Republicans Are Troubled Over tile
Election Doubt.
WHAT IS IN THE WIND NOW :?
Democrats Are in Doubt and Republi-
cans Ratified Over the Sit
nation.

At yesterdays meeting Of the city
council no mention, except jocular al
fusion by President Mareck, was made
OF the fact that the newly elected alder
men, by failing to qualify within ten
days after notification of their election,
had, according to the law, forfeited
their right to hold Office. Business
was conducted exactly as if that were to
be the last meeting of the present cOun-
Gil. and as if the necessity of the alder
men continuing in Office until success
sors are elected who will qualify ac-
cording to the law, were a remote con-
tingency. In the debates the argu-
ment was used pro and con that certain
matters should be left to the new coun-
Gil to deal with, and should not be
rushed through the old council at
its last meeting. No attempt was
made to get any opinion from the city
attorney: in fact, the matter was not re-
ferred to in the meeting. The Demo-
Gratis were mum as to what they intend
to do. and the Republicans affected to
take the matter as something of joke.
City Attorney Smith simply said,
self" Comptroller HolbrOok said he
OApSCtCO W oClifCl lilo OluSO OtC1 "
his successor Monday, unless adj
vised that it was his duty to retain it.
In view OF the outrageous legislation by
which the mayor had been robbed of his
power, he did not think the Democrats
by taking advantage of a technicality
were going any further than the prece-
dent established by the Republicans.
City Clerk Cornman is elected by the
council. and simply abides by what the
aldermen do, so he had nothing to say.
MIR. RUssELL's OPINION.
r. D. Russell, the city attOrney-elect,
yesterday promulgated an opinion in
tended for Republican comfort, and
bases his theory on the intention of the
legislature, and not the letter of the
law. 'Under the old law" he says, lit
was natural enough that the ten-day
clause should be enforced, for it did not
compel the newly elected officers to
liter upon their duties until reasOna-
BILE time after the Offices became vacant.
1t was the evident intention of the
legislature that the clause in the
new charter should have the
same force as it did in the old. Any
other Interpretation of the clause makes
nonsense of it. In that case it was the
intention of the legislature that newly
elected officers should qualify within
reasonable time after the vacancies &C.
Cured in the offices to which they were
elected. Those vacancies have not yet
occurred, consequently there is still
abundant time for last November'S Off
GERS to qualify. Besides all this, it is a
question in my mind whether the clause
in question is mandatory or not"
Notwithstanding Mr.. RusSel's opinion
the fact STA ndS boldly ont that
THE TWO CHIEF ESSENTIALS
to ofice-holding are first, election; sec
ond, qualification. One is about as i'm
portant as the other. The Republicans
understand that the Democrats are
more than justified in taking advant-
age of a technicality," as they term an
insistance that an election law made
by themselves should be carried out.
They understand perfectly that they
stole from the Democrats the fruits of
the election two years ago, and manipu
lated the time of holding the city cleo
lions so as to throw eXtranecus intiu
enceS upon local affairs, and few of them
have the etfrontery to blame the Demo-
Gratis for holding OH to the offices
1.-The two wrongs don't make a right"
argument is about as far as they care to
go in insisting that the present admin
lstration should step down and out Mon
day. There were other views of the Sit
uation to be taken, however, of a more
serious and less partiZan nature. One
is, that the Democrats by retaining
office until the supreme court passes
upon the construction Of the law, may
be performing
PUBLIC SERVICE
by settling question that is liable to
frn, in, fho f,f,
Another point for consideration is this:
without complying with the require
mants of the law, will it be a legally
organized body. qualified to transact the
city's business and disburse millions of
dollars? Isn't this likely to be ques-
toned in many ways when the
council comes to enforce paWers
that naturally belong to it?
10 give an example, would 1t be in a
position to compel the lowering of rail-
road tracks as the present council has
done through the courts? Especially in
the opening of street, condemnation
proceedings and the enforcement of
contracts. trouble would be bound to
arise. The argument need not be en-
larged, however, to show the danger of
allowing the city government to pass
into the hands of officials who have in
validated their right to act for the city.
A new election will occasion both eX
pense and trouble, but this had better
be borne than to incur the danger of
complications limited at. At any rate.
let the supreme court be compelled to
pass upon the law. If it is faulty, and
does not carry out the intention of the
legislature. let the Republicans suffer
for Republican blunder.