St. Paul daily globe., 1896-04-30

tain names on ticket. and he maintained
that If an official could be compelled to put
names on he could be compelled to take off
names put on contrary to law. But the posi-
tion of the city clerk was that, while he
might be compelled to put names on, the re-
verse was not true.
S. P. Crosby, who claimed to be represent
ing William Johnson, Scannell candidate
for the assembly, also had something to say
for the defense. Mr.. Crosby argued that the
central committee cut no figure. 1t was i'm
material whether that body was legally con-
stituted or not. 1t was a question whether
the delegates to the convention were given
credentials and took their seats without con-
test. There might have been some Illegal
primaries, but he thought prima facie case
had not been made out.
The Court rather sharply)-If 1 thought a
prima facie case had not been made out 1
should not have signed the order to show
cause
This made Crosby vince, and he had little
more to say further than to try to make it
appear that the Scannell crowd could bring
in barrels of affidavits If they only had a
little time.
Mr.. Cutcheon said that the pretense that
the defense desired to present afidavits was
not true. and, turning to Scannell and point
ing his finger at him, said: There sits the
chief conspirator. Why have they not put
him on the stand and shown whether they have
any defense. Those people were cited to ap-
pear here just as much as the city clerk was
cited to appear. They were not only cited by
the court to appear, but by the outraged public
sentiment of st. Paul. The legislature has
seen fit to pass law providing how candi-
dates for Office shall be nominated, and in
the interest Of public decency and good
government, 1t is the duty of the court to go
behind the certificate of nomination in the
clerks Office and see that no fraud is per-
petrated upon the voters"
T. D. O'Brien began by taking a shot at
Mr. Crosby for his ignorance Of the law and
the afidavits on file. Mr.. O'Brien then went
on to show the purpose of the Australian
ballot law, saying that 1t was aimed at the
evils that had grown up in connection with
American elections. It was found that the
method of conducting primaries was produc-
tive OF quite as great evils, and the primary
election law was passed for the purpose of
preventing, Or at least, lessening them. The
attorney of the city clerk had called attention
to public policy. Was it not public policy
that the truth should prevail? Was 1t
public policy that a fraud should be per-
mitted to be worked on the voters of the
city by few irresponsible political hangers
on? He had always supposed that 1t was
public policy to protect the rights of the
voter as far as possible, but he was now
told that 1t was contrary to public policy to
prevent threatened fraud on those rights.
This concluded the arguments, and Judge
Kelly asked Assistant City Clerk McCrea how
much time 1t would require to have the
ballots printed after the change was ordered,
If the court should decide in favor of the
petitioners. Judge Kelly took pains to ex-
plain that this should not be construed as an
intimation of what his decision would be- but
he desired to ascertain just how much time
he could have in which to consider 1t.
Mr.. McCrea replied that the printer had
told him the night before that if the press
work was not commenced yesterday, he would
have to run all his presses night and day to
get the tickets out in time.
Judge Kelly said he would give his decision
at 10 O'Clock today, or at 2 at the latest.