St. Paul daily globe., 1894-06-19
QUO WARRANT0 ISSUED.
ASSEMBLY SQUABBLE COMES TO-, A
HEAD JUNE 27.
TEST OF CHARTER VALIDITY.

Democrats Consent to the Filing
or>the Information, and Chief
Justice Gilfillan Allows 1t to
Be FiIed-.eats or Copeland.
johnson and Lewis May Be
Declared Vacant. s'sS
..sx .g.s~ss:s
The st. Paul assembly contest matter
was taken up in the supreme court yes
| terday. Mr.. Lightner. attorney for
Reardon and Arosin. contestants for
seats in the assembly, was allowed to
| file the Information. and John Ii. Ives
and F. w. NJ. CutcheOn, attorneys for
Holman and BanhOlzer, The assembly,
men respondents. filed an answer.
| There was little argument offered.
| But after some informal talk among the
attorneys. Chief Justice Giltillan said
that. in view of the importance of the
| case aud the fact that the respondents
consented that the information might
be filed, he would allow it to be filed.
The inference from his remarks was
| that the court would have followed its
| previous decisions and required the
contestants to settle the constitutional
| question in the contest now pending in
the district court, but for the consent of
| the respondents.
After allowing the papers to be filed
and the quo warrantO to issae, the hear
ins upon the quo warranto was ad :
| journed to June q. There were but
| two dates upon which it could be heard
! by the court-June % and July IL. Mr..
! Liehtner expressed willingness to
have the matter set down for July IL.
In reply to this Mr.. Ives said that he
would consent to that date if the Re.
pubIicans would promise to desist from
obstrncting the transaction of pubic
business by the assembly; otherwise he
would prefer to have the hearing set
down for June 27.
The Information. after setting forth
! the vote cast for each candidate for the
assembly, alleges that these candidates
were elected at large, hence that, as
| Reardon and ArOSin received more
votes than Holman and Banllo!z r. tney
were elected. The constitutionality Of
the charter provision fixing districts for
the residence OF the assemblymen is, Of
| course, raised. The Information sets
forth the whole history of how Reardon
| and Arosin were declared elected by
the canvassing board. and of how th ey
were denied seats in the assembly. 1t
| concludes with a prayer for the Issuance
of writ of QUO warranto.
The answer of the respondents sets
up the provisions of the city charter
! al t, bn al of l,ix xf,,ta 4,
in full. Then alleges that the Repub-
| lican party. prior to election, nominated
| Just four candidates for the assembly
residing east of Wabasha street, four
west of Wabasha and one for the West
| side, thus recognizing the validity of
the charter provision. The answer
meets the issue squarely. thus making
the way clear for perfect test Of the
constitutionality of the charter pro-
vision.
| Mr. Lightner demurred to the part of
the answer setting up the charter pro
vision and assuming its validity. The
demurrer will be argued Oh June 27,and
the decision of the court upon this will
settle the constitutional question.
Mr.. ives, after the hearing of yester-
day was over, said to representative
of the GLOBE:
The supreme court would unques-
tionabiy. in following its prior decisions.
have refused to allow, the filing of the
information and directed the parties to
| a determination of their controversy
through the contest now pending i'll the
district court. But we have no DISPOSE
ton to delay decision for moment
unnecessarily"
A good many are curious to know why
COPELAND. Johnson and Lewis stay out
CT the assembly. Mr.. ives was asked as
to his view of their purpose in doing so
He replied:
ut is difficult to say why they do it.
They are not helping the cause of Rear
don and Arosin by staying out. The
title of Reardon and Arosin to the
office, If any title they have. is just as
valid with Copeland, Johnson and Lewis
in their seats in the assembly as with
them out"
Mr.. Ives declined to talk further con
corning their attitude: but it must be
plain to every one that the motive of
Copeland, Johnson and Lewis is purely
political in its character. They nc
doubt wish to forestall various Demo-
cratic appointments and work. Since
| tnelr mOt!Ve is SO purely pOlltlcal tney
are not in position to complain should
the assembly declare their seats vacant
and to fill them with other men. NJ
movement has been made in that di
rection, but this trio of Republican:
need not be surprised if the step il
taken soon. The Democrats, however
have made no hint of their intentions
in the matter, and no one was found
yesterday who would give hint fol
publication. But many said that it
would be the right thing to do and tha
it ought to be done.
The Celebrated "Plymouth" So
|