The Irish standard., 1892-06-25
no. PETERSON GOES OUT.
Judge Mitchell, ofthe Supreme Court, Re
ders decision to that Effect.

dersa decision to that Effect.
The Supreme Court has finally rem
dered decision in the case of Hans o.
Peterson, treasurer of Hennepin County.
It will be remembered that upon the re-
port of Public Examiner Kenyon the
governor found Mr.. Peterson guilty of
malfeasance in office and issued an order
suspending him from his position. This
order was signed by the governor while
in. Chicago Mr.. Peterson declined to
surrender the Office aud upon the appli-
cation of the attorney general the SUI
preme court issued a writ of quo warranto
requiring him to show cause why he
should not give up the treasurership.
Peterson retained able counsel and the
writ was argued and submitted before
the court on Friday, May 81. Peterson,
through his counsel, Judge Rea and Mr.
Cohen, of Minneapolis, entered demur-
rer, and these gentlemen on behalf of the
respondent contended that the law under
which the governor suspended Peterson
was unconstitutional because it fails to
provide notice, and requires the officer to
be the moving party in obtaining hear
ing. Further, that the legislature has
no power to provide for suspension when
the constitution has expressly. provided
power to remove and that power to sus-
pend is not necessarily included in the
power of removal. They also held that
the removal of an officer was judicial
question and could not be exercised by
an executive officer.
In conclusion they insisted that there
was no power on the part of the governor
to make an order of suspension while OUT
of the state.
For the state, Asst. Atty.-Gen. Ghilds
argued that the constitution had amply
clothed the legislature with power to
pass the law in question, and that it lad
the power to make law providing for
suspension in the absence of any consti-
tutional grant. That in comforting the
power upon the legislature to provide for
the removal it conferred upon it the
right to rest the removal of officers upon
the governor. That the power to sus-
pend is included IN the power to remove.
That suspension is not punishment and
it does not infringe the provision of the
constitution providing that one shall not
be deprived of his property without due
process of law. That the charges set
forth in the order of suspension consti-
tute malfeasance in Office; and, lastly,
that the authenticated order of the gov
ernor is conclusive upon the court, and
it will not extend it's inquiry behind
them.
THE DECISION.
The court says in the decisio.l that
chapter 1o8 of the laws of 1881, providing
for the suspension and removal of the
county treasurer, is valid, and that Sec
ton 2 of article ID provides that the
Legislature has authority to vest the
power to remove in the governor. Touch
ing on the last point the court is of the
opinion that an order of suspension only
takes effect and becomes operative when
it is issued and served, and holds that
Gov. Merriam performing the manual act
Of signing it when out of the state does
not renderi it void. The court therefore
overrules the demurrer.
This decision is surprise to Mr.. Pc
terson who was confident of victory, but
this does not end the fight as Mr.. Peter
son can yet demand an investigation.
Mr.. Buxton, treasurer ad interim, will
take the place OF Mr.. Peterson pending
the investigation, and if the latter vindi-
Gates himself successfully, as his friends
confidently hope he will, he will be rein
stated to the end of his term which ex-
piIes iu January next.
Death Of Kittie c. Leonard.
The IRISH STANDARD records with sim
cere sorrow the death OF Miss Kittie
G.. Leonard, daughter of Mr.. and Mrs.
Charles K. Leonard, SO Western avenue,
who departed this life on last Wednesday
morning in the 10th year of her age, sur
y Il = -.