The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-02
FULLER is In Thu AIR
THE SUPREME COURT sUsTAINs
THE LOWER COURT ON THE
STANDING
OF INDEPENDENT DEMOCRACY
Could Not BE Made to Believe That
One Man and Six Others Con-
stituted IA '.Mass. Convention
Names VIII Not Burden the
County Ticket and Mr.. Otto X.
Sauer's Job Is Gone.


County Ticket and MIR. Otto X.
Sauer's Job Is Gone.
The supreme court has refused to
stand for the mass" convention of the
so-called Fuller Democracy, and the
ticket nominated in the back office of
the Washburn building will have no
place ON the county ballot
Yesterday afternoons session of the
supreme court settled Mr. Fuller and
his few adherents,, for the supreme
court took just eight minutes to dis
charge his writ of certiorari, issued by
Chief Justice Start early in the day.
The case was heard before full bench
OF the supreme court on the writ OF
certiorari issued upon application of
o. K. Sauer.
L. II. Palmer appeared for the petit
TONERS and gave the court a short his.
tory of the convention, the subsequent
litigation, and the refusal of the lower
court to countenance the party. Mr.
Palmer dissented from the answer
made that the want page of one of the
newspapers was an obscure place In
the paper, and that the notice of the
convention was insufficient to bring fl
in under what would be a legal politi.
cal convention.
Mr.. Palmer explained that notice of
the gathering was given, the conven,
ton duly organized by appointing a
county committee and a committee OF
credentials, and that there was nothing
fro nd oh
had been intimated.
AT this juncture of the argument
Chief Justice Start took exception to
the remarks of Mr.. Palmer and assert.
ed that no fraud had been claimed
that as he understood 1t the case SIM
ply involved the legality of giving the
notice. For" said Chief Justice Start.
IF that was the point of law, one party
could bring charges of fraud against
another for the purpose of getting a
rival party off the ticket"
Judge CAVITY thought that the scar,
city Of attendance at the so-called con,
ventlon should throw some light upon
the sufficiency of the notice.
Judge Buck could not see that the
notice in the paper either called for a
mass or delegate convention"
but merely a convention without speci-
flying the nature of the gathering.
Mr.. Palmer endeavored to explain
that parties polling less than per cent
OF the vote at the last election did not
come under the primary law, and it
was therefore not necessary to hold
delegate convention. Mr.. Palmer bas-
ed his argument upon the supposition
that the notice in the evening paper
on the want page was sufficient, and
he claimed that in every particular
the party had observed the law.
1t seems to have been the purpose
of these people," said o. H. O'Neil in
opening his argument in rebuttal, ito
comply with the letter of the law, but
industriously evade the spirit Of the
statute. They are unable to show that
a single person was requested to at
tend this convention except on personal
request. I think if there was such a
party as the so-called Independent De-
mocracy 1t died long before notice of
this convention was given, and if it
did not, it expired when the meeting
was held in the Washburn building,
as 1T was only attended by seven peo-
pie. This party doesn't stand for any
platform or any principles, but mere
ly to further the private interest of
individuals. Indeed, 1t has been put
in the field to deceive the voters, and I
believe any elector has a right to ap-
ply to the court to have the ticket
purged Of such names. If we do not
establish a limit somewhere we will
have a multiplicity of nominal parties
whose candidates will burden the tick
ct This notice given of the convention
was certainly very hazy, and certainly
should not be taken cognizance of by
this court"
D. D. Williams voiced Mr.. O'NeiPs
| argument in a fifteen minute talk, in
which he characterized the "so-called
| Independent Democracy as an adjunct
| of the Republican party, organized
with hope that the word Democrat
| would draw from the vote of the Demo
cratic party"
The court took the matter under
consideration, and after few minutes
| consultation in chambers, announced
| the decision, which sustained the lower
court. An opinion will follow in day
| or so.