The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1897-04-02
Later Steps.

Later Steps.
A good deal of feeling was mani
tested over the failure to properly
lille the certificates, and threats were
heard that if the Democrats insisted
on protiting by the technicality the
next administration would be held to
a stricter accountability for its acts
than any previous administration had
been. The Democrats generally did
not insist, however.
The election law of 1893, as amended
by the laws CT 1895, provides that,
whenever it shall appear by affidavit
presented to any judge Of the supreme
or district courts that president
or secretary of any caucus or c, nven-
tion have failed to properly make or
lille any certificate OF nomination,
such judge shall Immediately, by
order, require the officer or person
charged with the error or neglect, 10
forthwith correct the error, or perform
his duty, or to show cause forthwith
why such error should not be corrected
or such duty performed. Failing to
obey the order of such judge shall be
contempt.
In order to avoid any trouble, Mr..
Schmitt decided to take advantage of
the above provision Of law, and pre-
pared an affidavit in accordance with
it for each Republican nominee. At
two o'clock Monday the matter
was brought before Judge Severance.
A number of attorneys and others
were present, mostly as spectators.
Mr.. Schmitt represented the Repub-
lican candidates and w. L. Comstock
represented III. W. Brown as city
recorder.
Mr.. Schmitt read ,the affidavit of
John Adams. The affidavits were
Identical and recited the facts of the
recent convention, the election of
Chairman Schmitt and Secretary
Fowler, the nominations of the can
didates, the preparation of the certi-
fcates of election, and the efforts to
file them. They.Erecited that Mr..
Brown refused to file them. Mr.. Com
stock objected to the latter clause,
and said that if the affidavits were
amended by striking this out and
placing in the hour at which the
certifcates,were left with Mrs. Brown
no objection to the proceeding would
be made. Mr. Schmitt complied with
this and put in the hour as between
1870 and HOO p. m.
Mr.. Comstock then said that, the
affidavits having been amended so
that no reflection was cast on Mr..
Brown as city Official, they were
1t was not alleged that
Mr.. Brown was not in his office during
business hours. He asked Mr..
Schmitt whether it was not admitted
that no attempt:was made to file the
certificate before six o'clock, and Mr..
Schmitt assented to this. Mr.. Com
stock, continuing, said that there was
no intention on Mr.. Browns part
not to file the papers. Yesterday the
question arose as to the legality, and
he received conflicting counsel. He
had intended to file. them this morn
ing but had heard rumOrs of proceed
ings about to be started in court and
had thought best to wait and see
what order the court would make. If
these proceedings had not been
brought the names would have been
placed on the ballots by Mr.. Brown
unless he had been restrained by
legal proceedings. Mr.. Comstock said
that he made this statement because
of the wild rumors on the street. Mr..
Comstock said that he (Comstock)
yielded to the choice of his client, in
this matter aud did not advise him.
He believed that his clients choice
was contrary to the provisions of the
law.
Judge Severance said that he
did not think that any blame
could be laid upon Mr.. Brown,
who had only acted ministerially and
could not dec d, whether the law was
directory o. IN ndatory. If there was
any blame, WIS because the certi-
ficates wer col filed in time. He did
not unders q hat there was any at
tempt a. and thought that all
had acted 4 faith and that none
should try x advantage of the
PAU had told him
that he w run for the mayor