The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-13
HOGAN GETS IN AGAIN.
H.. G. Blake Ineligible for county
Superintendent of Schools.

H.. G. Blake Ineligible for County
Superintendent Of Schools.
In vain has Custodian Dayton, Of the
court house and city hall, fastened
locks to keep Democratic officials out,
that Republicans might illegally enjoy
the emoluments of offices which be-
longed to these Democrats. History has
repeated itself. Last fall the supreme
court unlocked the door of the room
occupied by the board of public works.
OuSted the occupant thereof and re-
instated the gentlemen whom the GUS
todian a locked out. Yesterday the
district court. in a decision filed by
Judge Kelly, ousted County Superin-
tendent of Schools Fl. G.. Blake from
office, thereby rendering the new lock,
that the custodian had placed on h
superintendent door, entirely super
1uouS.
The decision is another victory for
John A. Hogan, who seems to e a
charmed official life as county super
intendent Of schools. Two years and
a half ago County Superintendent of
Schools Hogan. was defeated for the
office by Mr.. Jardine. But after the
election Mr.. Hogan reminded Mr.. Jar
dine that he was not an American citi-
zen. Mr.. Jardine never qualified in con-
sequence and Mr.. Hogan held over.
Last fall Mr.. Blake received a plu-
rality of all the votes cast, but Mr..
Hogan sues out a writ of quo warranto
against Mr.. Blake alleging that he was
ineligible to be elected to the office
as he was not at. the time of such
election a resident of Ramsey county,,
outside the limits Of the city of st. Paul.
The matter waS heard by Judge Kelly.
who yesterday filed his decision, find
ing that the r%elator, John A. Hogan. is
entitled to Judgment that the respond
ent, Henry G. Blake. is not entitled to
the officettof county superintendent of
schools Of Ramsey county; that said
Blake be ousted and excluded there
from, and that Hogan is entitled to the
Office OF county superintendent of
schools OF Ramsey county, and that he
be admitted to the same. In the memo
randum accompanying the decision.
Judge Kelly says:
By chapter 238, Special Laws of 1878, the
office of county superintendent Of schools for
Ramsey county was created. The superin-
tendent was to be chosen by the votes of
those electors residing in said county, and
outside the limits of the city of st. Paul.
The act provided further, that the person
holding said office shall not reside within the
limits Of the city of st. Paul"
The admitted facts are, that the r%elator,
Hogan, was elected at the November general
election in 1892, duly qualified and. entered
upon the duties of the office the first Monday
in January, 1893. That the person elected in
4ScVCAiUCl, lo1o, was uudDlS 10, anu IdlleQ u
qualify, and the relator continued in office
until forcfbiy dispossessed by the respondent
Blake on the first Monday in January, 1897.
When a person is duly elected and quail
fed to an office for a number of years.
the office does not become vacant at the end
of the term upon the failure of the election or
qualification of a successor, but the incum-
bent holds over as a dejure officer until his
successor is duly elected and qualified.
On the facts, upon the testimony of the re-
spondent Blake, himself, he was a resident
within the limits of the city of st. Paul"
when elected, and has so continued to be.
He was not then for that reason and is not
now eligible to the office of county superin-
tendent of schools in Ramsey county. Since
1889. his family-wife and children-have con-
tinuously resided in St. Anthony Park, and
within the corporate limits of st. Paul. True,
Mr.. Blake's business seems to have kept him
away from his home much of this time. But
of the election law, was with his family. He
had not separated from them, either tenn
porar,ly or permanently, nor they from him.
For his W purposes, he called Rose town
ship his legal residence, but a mans "inten-
tion''@a mere operation of the will-cannot
contradict the admitted facts. Section 66,
chapter 1, Statutes OF Minnesota, 1894, state
the rules for determining the residences of
electors. Tested by those rules and by the
rules of common sense, Mr.. Blake was in
November, 1896, a resident within the cor
porate limits of the city of st. Paul, and not
in Rose township.
The people who elected Mr.. Blake knew
these facts HIS right to vote in the country.
outside the city, was challenged for that very
reason. And 4 they persisted in electing
him. despite dis legal disqualification to hold
the office ,sthey alone are to blame.
This is not the end of the matter by
any means, as Mr.. Hogan is likely to
find himself the defendent in proceed
ings instituted by A. P. Hendrickson,
who now claims the office. Mr.. Hend-
rickson was Blake'S competitor for the
office last fall, and received the next
highest number of votes from the peo-
pie. Mr.. Hendricks1n was pleased when
he heard that Blake had been ousted.
He contends that he is entitled to the
office for the reason named.
If the man elected canno qualify,
"said Mr.. Hendrickson," the office ma
turally falls to the nan who came
nearest to him. AS it so happened, I
was his only opponent and by every
right 1 am entitled to the office and
will contest for it on that ground"
rho RouJ Esfofe M ,oyUco fbe.r J;e,o n, H.