St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-05-01
CONVENTION WAS ILLEGAL,
THEREFORE, THE CERTIFICATES
UPON WHICH THE CLERK
ACTED ARE VOID.
THE NAMES COME OFF THE TIcKEu
And the Conspirator VIII Drop Into
the oblivion From which
He Sprang.

no legal right on the ticket II will, accordl
ingly. not appear there. Neither will tho
names OF William Johnson, Michael J..
o'Rourke, John Bast Jr., Andrew N. Nelson.
A. II. Miller. Charles Gerber. Peter ver-
goosen and others The farce which Scan.
nell. under the direction Of the Republicans,
has kept up since the circus in Market hall,
April z, came to abrupt end yesterday,
Scannell will not be allowed to link his name
with that of Democrat, neither Will he have
the honor of saying he was defeated for
mayor Of st. Paul.
The court room was crowded when Judge
Kelly took his seat on the bench and began
to deliver his decision. 1t took but a mo-
ment to tell that the conspirators wera
knocked out. The following is the decision:
JUDGE KELLy's DECISION.
State of Minnesota. County of Ramsey-Dis@
trict Court. Second Judicial District.
In the matter of the application for the cor
rection OF the official ballot provided for tha
municipal election OF the city of st. Paul,
appointed to be held on the 9th day of May,
Ammo Domini 1886.
This matter came on to be heard at the
court house In said city of st. Paul and
county OF Ramsey. on the 10Th day of April,
Ammo Domini 1886. at IL o'clock in the forel
noon, in pursuance of an order heretofore
issued by the undersigned, one of che judges
OF said court. wherein. among other things,
1t is ordered that Matt Jensen, city clerk OF
the city OF St Paul. Ramsey county Minne-
sofa, show cause, II any there be- before the
undersigned, at District Court Room num-
bered 2. at the court house, in the city of ST.
Paul, on Wednesday, the 10Th day of April
A. ID. 1885, at II O'Clock In the forenoon OF
that day. why the official ballot by him pre-
pared and caused to be printed for use In
the municipal election for the city of ST.
Paul, Ramsey county, Minnesota appointed
to be held on the 9Th day of May, Ammo DOM
ini 1896. should not be corrected and amended
by striking and emitting from said official
| ballot the names OF the following named per-
| sons, with the name OF the political party by
which said persons appear upon said ball
lot, as shown by the sample ballot thereof
! now on file in the Office of said city clerk,
! TO have been nominated for Office. VIZ: Pat
rick D, Scannell. Democrat; William john
! son, Democrat: Michael j.. Ofo1rke Demo-
crat; John Best Jr.. Democrat: Charles Kar-
! tax, Democrat; Andrew N. Nelson Democrat:
Anthony II. Miller, Democrat: Charles Ger
Der, Democrat: Peter Yergooseu Democrat:
Edward N. Hazard. Democrat; William
Rober. Democrat.
And why said ballot should not be correct
ed and amended by striking and emitting
from said official ballot the word "Demo1
crat.' where the same stands alone and has
a political designation of and following the
Wit: John WAGNER, Cornelius Quincy,
Frederick Nelson. George Lendway, Joseph
Smith, Joseph Ehrmanntraut Jr.. Edward ].
Murnane John =. krieger, Edward L.. MUIR
ply, Ernest G. Nagle.
And 1t appeared to the satisfaction OF the
court that said order and the accompanying
petition and affidayits had been duly served
as therein commanded, upon the said Matt
Jensen and each of the persons hereinbefore
named and affected thereby; and thereupon
the said Matt Jensen by Walter L. Chaplin.
esq, his counsel, appeared in answer TO
said order and fled herein his answer there-
to, and the said George Lendway, hereinbe-
fore named, appeared by Jared How, Esq,
his counsel, and in open court says he makes
objection n
Of the petition. ard asks the court that the
same be granted. And the said Charles
Kartak and William Rodger, by John II. Ives,
Esq, appeared, and the court being satisfied
Of the fact the counsel for the petitioners
agreeing thereto), that the said Charles Kar-
tax and William Rodger are entitled to have
their name appear upon said official ballot,
the said John H. Ives, in open court, con-
sented that with said modification the prayer.
of the petitioners be granted. and that the
word Democrat be stricken from and after,
the name Of the said William Rodger and
Charles Kartak. And s. p. Crosby. ESD
appeared as counsel for the said William
named no other answer appearance be-
ing made. The court thereupon. upon motion
of Jared How and Norman Fetter. attorneys
for said petitioners, proceeded to hear tho
same.
CORRECT THE BALLOT
And now after hearing counsel for the
respondent Matt Jensen, and for the re-.
spondent William Johnson, and counsel for
the moving papers and the answer OF the
said Matt Jensen, and the argument OF all
the counsel. and being now duly aev'sed,
1t is hereby ordered and adtudged, 1t
the prayer Of the petitioners, as hereinbefore'
modified, be and the same is hereby grant
ed. and the said Matt Jensen city clerk Of
the city OF ST. Paul. Ramsey county, Is
hereby commanded forthwith to correct the
said official ballot hereinbefore referred TO,
in the manner prayed in said petition, aS
hereinbefore modified. VIZ, by striking and
inc frcr Cai
of the following named persons, with the
name OF the political party by which said
persons appear upon SAID baliot as SHOWN
the Office Of said city clerk. to have been
nominated for Office. viz: Patrick D. Scan
nell, Democrat: William Johnson, 1emocIati
Michael ]. O'Rourke, Democrat; John Best
Jr., Democrat Andrew II. Nelson. Democrat
Anthony H. Miller. Democrat; Charles Ger
Der, Democrat; Peter Vergoosen. Democrat:
Edward N. Hazard, Democrat: and also Dy,
striking and emitting from said official bai-
lot the word Democrat where the same
stands alone and has political designation
Ing persons to wit: John Wagner, Cor
nelius Quincy, Frederick Nelson, George
Lendway, Joseph Smith, Charles kartak, Jo-
sePh Ehrnannsraue dwaE az: EaWaio Murphy and
Ordered further, that copy be served Inn
mediately upon said Matt Jensen, CITY ,eient c,er1
city clerk, and that the same be nled ana
preserved in the Office Of said city clerk
as his warrant for his action thereunder
Dated at St Paul, this 30th dey OF April,
1o William Louis Kelly,
District Judge.
The following memorandum was attacned
To the decision by Judge Kelly:
Ifpou the moving papers and answer OF
Matt Jensen city clerk, thereto two ques-
tions arise: First can this court look tehind
the certificates of nomination filed with the
cjty clerk and upon which he has acted and
under which the persons named IN the NOV,
ing papers claim place on the Official ballot?
Second If the court can do SO, was the as
semblage of persons which met in the Mar
ket hall. in the city Of St Paul. on April Z,
1895 (ciaiIning to be convention q the
Democratic party, convention OF the Demo-
cratic party authorized to make nominations
for municipal Offices in its name. In the sense
CT the general election laws OF Minnesota,
chapter A. General Laws 1893, read In con-
necfon with the act relating TO primary elec-
tions being chapter 276, General Laws 1887
REASONING WAS LANE.
AS bearing on the first question. section
ls OF chapter 4, General Laws 1893. reads as
follows:
whenever It shall appear by affidavit pre-
- fha n1lnr