The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-12-29
COMBINE TALK.
FEIG, GOONDAHL AND UNDERLEAtc
FORCES MAY GET TOGETHER
TODAY.
WILL JUDGE EGAN HOLD ovERs
Henry Johns Thinks He Has Found
a Reason for Prompt Ap-
pO1ntment.


most majority Of the state lawmak-
ers' travelling mems ball and some
sundry educators from various corners
of the state, the Windsor corridors last
night presented a scene as busy as a
bee hive. The candidates were there
In numbers, and there was no dearth
OF friends of candidates in the back
ground, pushing the claims of their
favorite to the front.
Many New Years table in the rural
homes of Minnesota will be short a
father, for the head Of the family. lie
he was at the Windsor last night. is not
going home. The thing was conta-
gious. Each train last evening brought
its quota, and telegraphic advices from
the back districts are that the morning
trains will be just as fruitful of ad-
ditions to the busy throng
There was probably a majority of
both the First and Third district dele
cations on hand last night and the
denizens of the latter were planning on
gathering their clans this morning to
clear the atmosphere and present a.
solid front when it came to demand
respective houses.
The Sixth and Seventh, too, were
pretty Well represented, and the former
very busy in booming the interests Of
d. Jones, of Todd. Mr. Jones him
self was on the promenade eariy and
late, and his happy smile indicated a
| serene confidence in the outcome Gf the
Vaccinations of the coming week.
IS
There has been some talk Of a general
meeting of-Jones people today, COM
prising the First, Third and Seventh
districts, but this is not absolutely to
be depended upon. The Second dis
trict was poorly represented last night,
the entire delegation present proba-
bly, being counted on one hand but a.
number of the others are expected to-
day.
HI. HI. Dunn, of Fairmont, who Is
wrestling for the seat Of Lieut.. Gov.
Day, arrived last night in company
with e. E. Foote, of St. James, who is
one of his chief supporters.
Mr.. FNoote says that Mr.. Dunn Is in
the fight to stay, and on personal,
legal, moral, or equitable grounds, the
men who nominated and elected Mr..
Dunn are prepared to push his claims
before the senate, where his fate must
be determined They claim that the
issue is single, and free from any en-
tanglementS with possible invalida-
ton of the Anderson railroad and tax
alton bill, which has been urged by
the advocates Of Days retention in the
senate. They claim that the courts, in
acting upon the validity of the Ander-
son BILL must consider the status of
Senator Day at the time that he voted
for the bill, as we'll as the fact that
the people of the state have since
TGGrI T4IU 11zr tnI
amendment. On this basis they claim
that the issue is entirely distinct from
any action that the senate itself might
take now in unseating Day, but if by
any combination of legal reasoning,
the courts should throw out the law
on the ground that it was not legally
adopted, then 1t would be an easy mat
ter to pass new law of similar tenor,
and have that submitted to the people
two years hence 1t is assumed that if
Day is unseated, the railroads will at
| once contest the validity of the law,
and thus throw it before the courts in
| time to get a decision before the ad-
journment of the legislature. If the
seat Of the ACKNOWLEDGEMENTS shall
not be declared to have been vacated,
| the supporters of Dunn insist that
there is still a possibility Of the rail-
roads fighting the law ON other
| grounds, and perhaps, knocking it out
! it would be four years more before a
new law for the same purpose could be
enacted.
| A number of the Legislators were in
| volved last night in a legal argument
! as to when vacancy occurs in an
| office, in the leagal meaning Of the
| term. The contingency which precipi-
| tated the discussion, Of course, was the
death of Judge Kerr. While the con-
! stitution as the clause published in
Sundays G 0 e indicates, provides
| for the appointment Of a successor to
| fill the vacancy until the next election,
| there is in this case a possibility for
| complication, as is shown by Henry
| Johns, in the following statement:
| The death of Judge Kerr and the appoint
ment of his successor raises several impor-
| tant legal questions. The constitution pro-
| vides for the election of district judge for
| the term of six years and until his successor
is elected and qualified. There is no ques-
| tion Of the power OF the governor to appoint
| for Judge Kerr's unexpired term, !. g., until
| JAM 1. There is serious question: II he falls
to appoint before Jan. l. as to whether there
| of the constitution. 1t is true Judge Kerr
was elected to succeed himself and took the
| oath of office, but he did not live to either
! actually or constructively take possession of
| the Office. Such a state OF facts 1t is held
| by McCreary Elections and by the su-
| preme courts Of Michigan and Pennsylvania
! and other states, does not constitute a con-
| stitutional vacancy so as to authorize the
| governor to fill it by appointment. 1t is true
! that the laws OF 1895 define vacancies in va
rious offices, but such law does not apply to
! offices created mot authoriZed) by the
| Stitution, and whose term is limited by the
| constitution. If appointment is made this
| week the appolntee will hold until the next
| general election. If It is not made this
! week, in my opinion, Judge Egan will hold
| the Office until the next general election and
| until his successor Is elected and qualified"
| 1t is argued against this that Judge Kerr
| was reelected to succeed himself, and that
| Judge Lewis was chosen to succeed Judge
| Egan but this, Mr.. Johns and others claim,
| is not apparent in the law, and Is, IN fact,
| opposed by eminent authorities election
| law They claim that so long as a vacancy
exists on the bench between an election and
| the taking Of his seat by the new Judge the
| old Judge holds over.
| There Is a merry race between j. Frank
| Dean and NJ j. Bowling for the house chief
! clerkship. While Bowling has been on the
| ground almost constantly since the election
| Dean has not been idle and has done some
| strong work particularly among the members
| from the First district, with number OF
| whom he came up from Owatonna yesterday.
IT, G. Hayes the Sleepy Eye editor who
! was mentioned as a possible candidate for the
| vacant insurance commisssionership. came Up
| yesterday and smillin gly scoffed at the report
| He is spoken OF as 4 promising candi-
! date fer the position Of enrolling clerk Of the
! house. f. l.. Kray yenbuhl, who has been the
| In the sheriffs office during the Chapel
l ir,n ard VIM will naturally be out of that