St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-01-04
A Blunder of the Legislature
Which Raises a Very
Pretty Point.
The Clause Requiring Officials
to Qualify Ten Days After
Notification. Y
But One Alderman Has Quail
f1ed--A Lively Contest
Now Probable. i


Who will be officials of Minneapolis
after Monday?
There is about as pretty legal and
political muss brewing in Minneapolis
as the country has ever known since the
will Of the people was overridden by the
eight-by-seven commission in 1877. In
November complete set OF Republican
officials was chosen; but in spite of this
the present Democratic officeholders
now claim to continue in Office, on the
ground that the newly-elected officials,
by failing to comply with the
law, have forfeited their Offices and
annulled the elections. This provision
of the law is singular one. Before
the last tinkering with the charter. it
provided that every officer-elect should
qualify within ten days from the date
of his notification. The amended char
ter did not repeal this provision, as the
result of clear blunder or lack of fore
sight. Under the provisions for spring
elections, the time between the
election and the induction into
office was very short, hence the
ten day clause; but the Republican ma
nipulators overlooked the time between
Nov. 6 and Jan. Z, and forgot to abro-
gate the ten-day provision. The formal
notification was given, but as the gem
eral officers and aldermen have failed
to qualify, the present officials claim
accordingly must be filled by the pres
ent incumbents until the legislature can
provide for a special election. Written
opinions have been given by
several of the finest constitutional
lawyers of the state, supporting
this theory, and several supreme court
decisions are quoted to strengthen it.
There certainly is lively time ahead,
as the present officials have decided to
hold their places. A number of attor
neys were seen yesterday, but all Of
them agreed that this was very grave
and important case. and declined to
commit themselves without a thorough
investigation of the law and of the
authorities. One of them quoted
supreme court decision in the
ease Of the treasurer of Scott county,
who was elected to succeed himself.
and who failed to qualify within the
time provided by law. The court held
that the Office was vacant and new
election was ordered.
opinion, among others, but he said he
had not looked up the matter with the
care its Importance demanded, but he
seemed of the opinion the chance for a
contest was a good one. Others quoted
him to the same effect, though perhaps
without his authority. Several Re-
publican attorneys, among others X. d.
Russell, who has been nominated for
city attorney, were seen and said they
did not believe the contest would hold
water, but in the next breath admitted
they had not deeply studied. There
was decided feeling of uneasiness
among the Republicans, and many
knots of them discussed the knotty
problem in tones of doubt and misgiv-
ing. 1t is taken as certain that the
present incumbents will hold on to
their offices and make a contest, backed
by the legal advice they have received.
They are not disposed to talk, and did
The best legal advice is that if this
point is good a special election, ordered
by the legislature, must take place.
1t appears that of all the city officials
elected John A. Blichfelt. the four-year
alderman from the Eleventh ward, is
the only man who has regularly quail
flied. He will certainly take his seat
next Monday. Now the question is,
who will be displaced, if the point
raised is a good one. Stoft
was the opponent of Blichfelt,
but Stoft will hold over as from the old
Sixth ward; Swenson. Johnson and
Muldoon are the present Eleventh
ward incumbents and which one will be
displaced? Thisis premature, but anus
ing. One man mentioned, last night, that
Blichfelt would constitute the entire
council and, when present, would con-
stitute a quorum. What a tearing over
this would make. The Scandinavians
would then be OH top. to a certainty.
Another amusing point was this: G.
F. Haney, scheduled for city clerk, told
City Clerk Cornman to get out promptly
on Jan. Z; now Cornman may have an
opportunity of returning the compli-
ment.
1t is the general opinion that the
mayor, treasurer and comptroller may
easily hold on until this point is decided,
and by refusing to vacate compel their
successors to assume the Initiative.
Whether they will fight has not been
decided, and may not be until the pub
lie pulse is felt and the drift of public
sentiment determined.