St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-08-01
WAGNER IS TREASURER.
JUDGE KERR DECIDES THAT HORST
WIS DEFEATED
BY A MARGIN OF FOUR VOTES.
Horst Takes a Stay OF Twenty
Days to Prepare for an Appeal
to the Supreme Court-But His
Remarks Indicate That He Is
Not Sure About Appealing
The Decision.

Judge Kerr has de clded that John
Wagner is entitled to the Office of city
treasurer and that Charles l.. Horst, who
has been holding the office since June
8, was not duly elected to the office. The
case is o celebrated one, and much
credit is due j. c. Michael and B. Ii.
Schneider, attorneys for Mr.. Wagner.
for painstaking work done in changing
an apparent plurality for Republican
to an actual declaration of right for the
Democratic city treasurer. The vote as
finally passed upon by Judge Kerr
shows that Mr.. Wagner had 12.80S
votes and Mr.. Horst 1854, leaving the
comforting margin of votes-a close
shave, however, in such large vote.
The official election returns as can
vassed by the old common council gave
Mr.. Horst nine plurality. A contest
was begun by j. c. Michael and B. FL.
Schneider for Mr.. Wagner, which
showed upon an inspection of the bal
lots that fourteen votes had been
wrongfully counted for Mr.. Horst at
the Clifton hotel precinct, and besides
this. many other errors were apparent.
Judge kerr's decision in full follows;
On the first day of May, 1894, there
was duly held in the city of st. Paul,
county Of Ramsey and state of Mime
sofa, a general election of city officers
for said city, including city treasurer.
AT said election the contestant. John
Wagner, and the contestee, Charles l..
Horst, and NJ. Prendergast and Arthur
Il. Drew were duly qualified candi-
| dates for said Office of city treasurer.
| and there were no other candidates at
| said election for said Office, and said
| John Wagner and Charles L. Horst
were and are the two candidates who
received the highest number of votes at
| said election for said office.
| The official returns of said election
| showed that said Charles l.. Horst re-
ceived 1874 votes for SAID city treas
| urer, and that said John Wagner re-
| ceived 12,7S5 votes for said Office.
| 1t appeared by the declaration of the
| canvaSsing board which canvassed the
| votes cast at said election from said
| official returns, on May Is, 1894, that
! said Charles l.. Horst received plu-
| rality of nine (9l votes for said office of
city treasurer over said John Wagner,
and thereupon said Charles L.. Horst
was by said canvassing board declared
duly elected city treasurer of said city
OF ST. Paul for the ensuing two years,
and thereupon said Horst qualified as
| provided by law for said Office and en-
tered upon the duties thereof. and has
since hitherto continued to perform.
and is now performing, the duties
| thereof.
Thereupon, and on the 10th day of
May, 1894, the said John Wagner duly
| instituted this contest nnH dnIV ~
pealed from the action Of said board of
| canvaSSerS, declaring said Charles l..
! Horst elected to said Office of city treas
urer, and duly served on said Horst
notice of said contest and appeal. and
the grounds thereof, as provided by
| law.
Afterwards. and on the 23d day of
May, 1894. said Charles l.. Horst duly
served on said WAGNER his. said HorSt'S,
answer and points relied on by him to
sustain the action of said. canvassing
board. and to overcome any showing
| that might be made by said WAGNER in
support of his said contest.
Thereupon said parties. in order TO
enable them TO prepare their cases. re-.
spectively, for trial OH said contest. as
provided by law, duly applied to this
court for the appointment of three ref
ereeS to inspect and examine the ballots
. NooI al thS ISSPCStltC OlotllClS duQ
wards of said city for said office of city
treasurer; and thereafter and on the
2Stll DAY Of May. 1894. in pursuance of
said application and of the stipulation
of the parties i'll that behalf. the court
duly appointed David f. PEBBLES,
Charles w. Smith and Marcellus L..
Countryman referees for the aforesaid
purpose; and SAID referees, on said day
last aforesaid. duly took and subscribed
1 hair. tfc
as provided by law, and thereafter en-
| tered upon the performance of their
| duties as such referees.
| Afterwards, and OIL the Goth Gay of
I June. 1894. said referees duly returned
and filed in this court their report of
their doings as such referees. and the
results thereof.
With said report. at the request of the
parties respectively, forty eight ballots
were returned TO the court, for its in
| Spection and determination, as to how
and flor whom. if any one, they should
be counted.
Upon the said return and report of
said referees, and the stipulation of the
parties in that behalf, and upon the
inspection and due consideration by the
court of said forty-eight ballots SO re-
ferred to it for Its determination, do
furth Grind as facts that, upon the face
of the ballots so inspected. reported and
returned. including said ballots so eX-
amined and determined by the court, 1t
appeared that there were cast at said
election for said John Wagner, for said
Office of city treasurer. 12.S14 votes, and
for said Charles l.. Horst, for said office,
IL. S04 votes. giving to said Wagner.
upon the face of the ballots. plurality
of Ten Q0) votes over said Horst.
; Thereupon, the said contestee,
Charles l.. Horst, under his answer and
points served as aforesaid, proceeded
TO introduce evidence for the purpose
| of showing that lawful votes had been
legally cast at said election for said
, Horst which were not canvasSed or
counted for any one, and which should
of right be counted by the court for
said Horst. and that ballots Of parties
} rot entitled to vote had been canvassed,
. counted and returned for said Wagner
and should be rejected by the court
| aud that there had been irregularities
and a failure to properly return the
I | votes at certain polls, which would
I Justify the court in rejecting altogether
the vote of said polls or districts.
In rebuttal OF the evidence so intro
dueed, the contestant Wagner then
| introduced evidence on his part. for the
purpose of showing that votes of parties
not lawfully entitled to vote had been
/ cast, counted. canyassed and returned
9 at said election for said Horst, which
should be rejected by the court, nc
) that votes cast or duly offered to be cast
s as provided by law, by legally qualified
! voters, for said John WAGNER, for said
office, were rejected and not counted
canvassed or returned for any one, and
. should now be counted by the court fol
said WAGNER.
Upon all the evidence adduced, and
the said return and report of said ref.
erees, and the stipulations of the parties
on file, do further find as facts thai
there were duly cast at said election by
legally qualified voters twelve thousand
o,I aisrbt no CnQl vota.