St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-10-16


sented to any judge of the supreme or dis
trict courts of the state that an error or
omission has occurred in the printing of the
name or description OF any candidate on Off
clal ballots. or any other error has been COM
mitted i'll printing the ballots. or that the
president or secretary of any caucus or con-
ventIon have failed to properly make or file
any certificate OF nomination. or the name of
any person has been wrongfully placed upon
said ballots as candidate. such judge shall.
Immediately, by order, require the officer or
person charged with the error or neglect 10
forthwith correct the error. or perform his
duty, or to show cause forthwith why such
error should not be corrected or such duty
performed. Failing to obey the order of
such judge shall be contempt.
Ihe closest examination of the stat
ute will fail to uncover any other
clauses which throw any light whatever
on the propriety of the secretary of
states proposed action.
Courts Appealed To.
After such reflection as the urgency
OF the matter and the limited time at
their disposal for the purpose permitted,
the party's counsel directed that an
affidavit be drawn up setting out in full
detail the facts in the case. This was
done, and the affidavit duly sworn to by
Mr.. Baker. the chairman of the state
central committee. Yesterday morning
we presented the same to Hon. HaScal
X. Brill, Judge OF the district court of
Ramsey county, and. after an explain
atory argument. he signed an order in
the form prescribed by section 43 of the
law as above quoted. The affidavit and
the order are as follows:
Chairman Bakers Affidavit.
IN THE DISTRICT COURT OF THE
State of Minnesota for the Second
judicial District. State of Minnesota.
County of Ramsey--ss.
TO the Hon. HaScal r. Brill, Judge of the
District Court of the State of Mime
sofa for the Second Judicial District.
Lewis Baker. being duly sworn, de-
poses and says that he is the chairman
of the Democratic state central COM
mittee of the state of Minnesota. and a
citizen and elector of the state of Min
neSota; that convention of the duly
chosen delegates of the Democratic
party of said state was holden at the city
OF Minneapolis on the Sd day of Au-
gnst, 1892, for the purpose of
nominating presidential electors for
the election of president and
vice president of the United States, and
other state officers. That at said con-
ventlon there were duly nominated fA
presidential electors as aforesaid Robert
\. Smith. Benjamin F. Nelson, D. n.
Jones, William Quinn, Martin Shea,
and ID. Il. L. HIbbs and A. l.. Sackett
and James L. Barron and John G. OS-
Wald, to be voted for by the electors of
the state of Minnesota at the next gen
eral election to be held therein On the Sth
day OF November. 1892. That on or
about the 10th day of September, 1892,
certificate Of nomination duly
executed pursuant to the statutes
OF the state of Minnesota
nnfJtinI Vat 20
tions' was filed with the secretary of
state announcing the nomination of
each of said above-named persons for
the office of such presidential elector
That subsequently and on or about the
10th day of October, 1892, at a regular
meeting OF said state central committee.
the follOWing-named four persons duly
resigned such nomination and declined
to act i'll the capacity of presidential
electors as aforesaid: ID. r. p. Hibbs
and A. l.. Sackett and James L.
Barron and John G. Oswald.
That said state central committee i'm
mediateIy thereupon duly nominated
as substitutes for said resigning elect
orS William Meighen, A. l.. Stromberg,
James Dillon and A. II. Holloway, and
certificates of such nomination were
duly filed in the office of the secretary
of state of the state OF Minnesota. as re-
qulred by law, copies of which-sai Ger
tlticates are hereto attached, and marked
Exhibits II, u -, - ''3'' and "4.''
That the said secretary of state. in MAX
ing up the ticket to be voted for such
presidential electors, grouped together
the nine electors who had been chosen
and nominated by the Republican party,
and also grouped together the nine
electors who had been chosen by the
Prohibition party of said state, and. i'll
stead OF grouping together the nine
electors who were chosen by the Demo-
cratic party as he was required by law
to do, lie placed upon said ticket five of
said Democratic electors in manner
grouping as follows, to wit: Robert
A. Smith, Benjamin f. Nelson, D. n.
Jones, William Quinn and Martin Shea,
and then left blank space of about one
inch, and after said blank space placed
the names of William Meighen and A.
l.. Stromberg with the designation after
each of their names, Peoples Party,
Weaver. DemOcrat-Cleyeland," indicat-
ing thereby that SAID -Meighen and
Stromberg were nominated by both the
Peoples party and the Democratic
party; and that following said two last
men, and in the same group of nine
herewith. said secretary of state placed
upon said ticket the name of VIII. Nor
ton, Peoples Party Weaver and follow
ing said Norton, the name OF Peter Nc
/ Grath, Peoples party-Weaver: and fol-
lowing said McGrath the name of Ole
Il. Thoen, Peoples party-Weaver: and
following said last name the name of
James Dillon. and after said name PeO-
pies party-Weaver, Democrat-Clev
land; and after said last name the name
Of 4. +. Clark, Peoples party Weaver:
and after said last name the lame Of G.
Z. NJ. Brown. Peoples party Weaver;
and following saidname of Brown, and
as last in the last named group of nine
he placed the name of A. Ii. Halo
way, Peoples party-Weaver, DEM
ocrat-Cleveland. So that instead of
grouping together the nine names that
were nominated by the Democratic
party for presidential electors he only
grouped together five thereof. and scat
tered into the fourth group of the Peo-
pies party the four names subsequently,
nominated by the state Democratic cen
trail committee with the names nomi-
mated by the Peoples party. a true copy
of which ticket so made up by the Secre-
tary of state as aforesaid is hereto at
tached and made part of this affidavit
and marked Exhibit "5.''
And that on the twenty-seventh day
before the election, as provided by sec
state did print and place Oh file for ex-
animation sample ballot in the form
set forth in said exhibit ''5,'' and has
proceeded and is proceeding to print all
| OF the ballots to be used at said election
in said form, and will SO print them un-
less this court intervenes to correct said
error. That in truth and in fact and
| according to the true construction
OF said statute the names of
each person nominated for such
office of presidential eiector by two
of the political parties having the tickets
in the field should appear at large in
each group of the presidential electors
of each OF said parties. Deponent fur
ther says that on behalf of the Peoples
party and the Democratic party depo-
nent filed with said secretary of state
the following request as to the form in
which staid ticket should be printed,
and the candidates nominated by the