The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-29

any party so far as the court could
consider their interests.
Judges Decision.
The judges had short conference
and Judge Kelly announced the de-
cision:
With reference to the question of
laches," said the judge, there is moth
ing that would warrant the denial Of
the relief asked for by these parties.
A majority Of this court decides that
the Democrat-Citizens are entitled to
have their certificates filed and to such
place as may properly belong tn them
as a party on the ballot. The court
will so order"
While the judge was talking Harris
Richardson leaned over to Markham
and whispered that he might oppose
the placing on the ballot Of the names
of the members Of the party that were
Citizens only by nomination
by the city committee at the direction
of the convention.
Mr.. Richardson has gained wisdom
under the tutelage of Tams Bixby and
Mr.. Markham grasped at the sugges-
ton, and Mcdonald, McDermott ct al,
nodded assent. He would never have
thought of it himself and if it had not
been for the political sagacity Of Rich
ardson, Enoch Johnson, Louis Nash
NANS~ q
place as the regular nominees. Mark
ham wanted to know if the order in
Guided them. The court did not have
time to determine before Mr.. Palmer
had made an argument.
The power to fill vacancies, he said,
was delegated by the city convention
to the city committee. Mr.. Michael
supported the proposition and Mr..
Markham was about through again
when Richardson came to the rescue
and suggested that he contend that
the committee was only empowered
under the statute to substitute
names when, for any reason, a vacancy
occurred.
Just about that time Mr.. Palmer
thought it over and offered to with
draw the application so far as it ap-
piled to the names of the persons put
on the ticket by the city committee
this with a view to leaving the propo-
sition open for them to compel recog
milton by another action.
Coached by Richardson.
Don't let him withdraw without a
stipulation" whispered Richardson,
and Markham made the proposition.
Of course that could no, be agreed to
and then came the law in the matter
regarding the rights Of the committee
Johnson and Egan were declared to
have no right on the ballot by nomina-
ton. They, however, remain on by
their petitions and under the same par
ty designation. With Judge Egan it
only takes him down one place on the
ballot, bringing him after, instead Of
before, Judge Twohy.
It was o'clock by the time this de-
cision was arrived at and there was
h1,r,, ind of ho III nI,
resulted in the withdrawal of petition
filed by Attorney Mcdonald on behalf
of the Republican committee or Scan
nell, attacking the right of the Demo-
GRAFT Citizens to the use of the word
Democrat. This rather cheeky PROPOSE
ton must fail in the light Of the de-
cision just arrived at and had only been
filed for use in the event of a victory
for the combine on the first contention.
The other application for an order
by the Independent Democrats was
also vacated.
The hearing brought out a brave ar
ray of legal talent and shining lights
in local politics. 1t was actually a
transfer of the scene of the political
battle to the big court room at the top
of the court house for the afternoon
The officers of the city committees Of
both party organizations were present,
but the Scannell people kept away for
fear Of the effect of their presence on
the court.
The decision was far reaching, in that
it proves the city attorney to have been
actuated by partisan spirit in the opin-
ions rendered, and he was cheerfully
laughed at by his fellow lawyers when
| the case fell to pieces. There were some
rather sharp reminders, too, of the time
when he had given an opinion as to
| the constitutionality of the board of
public works law, and, in the open
| council chamber, had staked his legal
| reputation on his opinion being correct.
The decision means probably thous-
and more votes for the Schiffmann tick
ct. 1t puts the names of the candidates
directly next to the names of the Re-
publican nominees and destroys the
hopes of the Republicans that there
might be a good many Democratic
votes wasted by being cast for the first
name on the ballot with the title of
Democrat attached.
Another Rebuke.
The court administered another re-
buke to the city attorney yesterday
! morning, when the four judges sat on
the application for a mandamus to
compel the city clerk to put the city
charter question fairly before the peo-
pie on the ballot.
Mr.. Markham, in supporting his posi-