The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-26
How TO PRINT THE BALLOT
CITY ATTORNEY MARKHAM
ADVISES MIR. JENSEN
The Republicans, Independent Dem
Ocrats and Prohibition Parties to
Go On in the Order Named
Preference to Be Given the 9th
ers In the Order of the Dates of
FfIing-The Word Democrat.

Corporation Attorney Markham yes
terday prepared and sent to Clerk Jen-
sen the appended answer to the city
clerks request for a legal opinion as
to how the ticket to be voted for at
the approaching city election, to be
held May 3, 1898. should be made up
The ticket Is already In the hands OF
the printer: So ~
Dear Sir: Complying with your request for
an opinion as to the workings of the printed
ballot for use at the city election to be held
May 8, 1898, and the right as to printing of
place Of the various candidates whose nomi-
nations either by certificate or petition, are
on file in your office. l beg leave to advise
that your course should be governed by the
following general rules:
First-As already advised by opinion of
this department under date of March IS, 1898,
as disclosed by the election returns of the
vote cast IN the city of St. Paul at the last
preceding general election. the only parties
which appear to have polled, within the city
of st. Paul, one per cent of the entire vote
cast for either ticket in said city are, the Re-
publican, the Independent Democratic and
Prohibition parties, and, consequently, in max
ing up the ticket, the nominees of these re-
spective organizations, regularly nominated
in convention assembled, are entitled to have
their names appear upon the ballot in the
order In which the organizations are men
toned above.
Second-In the case Of candidates nomi-
mated by petition priority of position should
be determined by the date of filing of petit
tons, but their names must follow after the
names of all candidates nominated by con-
yention.
Third-It is not clear whether a candidate
nominated in convention by one of the parties
entitled to hold convention, can by petition
afterwards filed, be nominated as the repre-
sentative of principle or as the candidate
OF party not entitled to hold a convention,
but as there seems to be nothing in the law
expressly prohibiting such course and I ad-
wise that where candidate is nominated by
NJ fhn
thereafter a proper petition Is filed placing
such candidate In nomination as the repre-
sentative of another political party or prin-
the party first placing him in nomination.
and on a second line Hereunder by the name
OF the party or principle specified in such
Fourth-A question has been raised as to the
right to use the word Democrat" in nomi-
mating petitions, either alone or in conjunc-
dtdates for the same office In view of the
fact that there does not appear to be any
party or organization having the right to the
exclusive use of the name democrat. as a
party designation, think, until the courts
mold otherwise, the prudent course for you
to pursue IN cases where there are nominat-
ing petitions for two or more candidates for
the same office, each using the name Dem
ocrat, as the designation Of the political party
or principle represented by such candidate
Will be to put the names of all the candidates
candidate whose petition is first filed to be
given priority.
Fifth-In reference to the certificates Of
nomination made by the chairman and sec
Rotary ofrthe city committee of the Independ-
ent Democrats, to which you call my atten
ton, think such certificates must be disre-
garded. 1t appears upon the face of these
certificates that the Independent Democrats
party held a convention on the 18th of March.
and that at such convention nominations were
made for few Of the officers to be voted
for at the next election. only one nomi r a t.en
was made for the office of assemhlyman.
whereas nine are to be voted for at the
election. No nomination appears to have been
made for mayor or for judges of the
municipal court. and there were no nomina
lions for a number of other officers to be
voted for at the coming election The onIy
provision Of the statute authorizing a com
mittee of political party to make nominal
lions is found in sec. 45. General Statutes
1894, and reads as follows
In case a vacancy occurs from any cause
after nominations have been made as here
tofore specified, such vacancy may be filled
at any time before the official ballot is posted
by filing with the proper officer certificate
of nomination in form and substance as hSra
tofore provided. Such substitutionaI re, r.
fcate shall be executed by the chairman and
secretary OF the proper committee of the party
making the nomination, the vacancy of which
Is to be filled under such directions and reg