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 Relieve That
One Man and Six Others Com
stituted a "EIass" Convention
Names VIII Not Burden the
County Ticket and Mr. Otto X.
Sauer's Job Is Gone.

Names VIII Not Burden the
County Ticket and Mr. 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 bv
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
Q. 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 II
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 committee of
credentials, and that there was nothing
fraudulent about the proceeding, as
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 it 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 Canty thought that the scar,
city OF attendance at the so-called con,
Vention should throw some light upon
| the suff1ciency of the notice
Judge Buck could not see that the
notice in the paper either called for a
mass" or a delegate convention" !"
but merely convention without speci-
| flying the nature of the gathering.
Mr.. Palmer endeavo 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 q
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.
ut seems to have been the purpose
of these people," said o. H. O'Neil in
opening his argument in rebuttal, "to
| comply with the letter of the law, but
industriously evade the spirit of the
| statute. They are unable to show that
| d 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 it died long before notice of
this convention was given, and if ii
did not, it expired when the meeting
| was held in the Washburn building
| as it 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 ]
| believe any elector has a right to ap-
| ply to the court to have the ticket
| purged Of such names. If we do not
| esta blish a limit somewhere we will
have 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'Neirf
argument in a fifteen-minu'te talk, ir
which he characterized the "so-calleG
Independent Democracy as an adjunc
of the Republican party, organized
with a hope that the word Democra
would draw from the vote of the Demo
cratic party"
The court took the matter under
consideration, and after a few minutes
consultation in chambers, announce;
the decision, which sustained TIE lowe
| court An opinion will follow in a day