The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1898-04-21
A DECISION REACHED
Judge Searle Decides That G. w. Burn-
helm Can Read His Title Clear
to the Commissionership.
q Daylight Robbery Startled the Peo-
pie Yesterday Afternoon-The
Perpetrators Jailed.

The question Of whether or not G.
w. 5Burnhelm is eligible to hold the
ottlce OF county commissioner of Mile
/ Laos county has been decided and the
result was was victory for the officer from
Borgholm. It will be remembered
that proceedings were instituted sew
eral months ago looking to the ousting
of Mr.. Burnhelm on the grounds of his
being Ineligible under the provision of
the recently enacted institutional
amendment. The facts were submitted
to Judge Searle by briefs who after re-
citing the facts in the case found as
follows: D. ~ AS. conclusions Of law the
court finds that the relator is not emit
tied to the relief asked and that the
writ OF quo Warranto issued herein and
all proceedings. therein should be and
the same hereby are quashed and dis
missed. Let Judgment be entered &C
cordingly." To his decision the judge
attached the following note:
This is a proceeding in the nature of
quo Warranto on the relation of the
attorney general of this State, to de-
termlne the respondents title to the
office OF county commissioner of said
Mile Laos county, and to remove him
therefrOm.
The facts are as stated in the fOregO-
ing opinion, and the sole question here
presented is, was the respondent dis
qualified from holding the office of
| county commissioner to which he had
been duly and lawfully elected, by rea-
son OF the constitutional amendment
relating to elective franchises (Section
l.. Article Z, which passed at the gen
eral election in 1896, and took effect
upon the proclamation thereof on De-
cember 20, 1896.
This amendment only relates to the
qualifications of voters, and disquali-
| ties persons of foreign birth who have
| simply declared their intention to be-
come citizens, a class which were en-
titled to vote prior to such amend
ment. Section 7, of Article z, of the
constitution reads as follows: EVERY
person who by the provisions of this
article, shall be entitled to vote at any
ELECTION, shall be eligible to any office
which now is, or hereafter shall be-,
EelectiVe by the people,. in the district
wherein he shall have resided thirty
days days$previOus to such election, ex-
Icept as otherwise provided in this con-
fstitution, or the constitution and laws
of the United States"
This provision was in force at the
time of the respondents election and
still is, and applying the same to the
facts in this case, it seems to me, that
the respondent was eligible to the Of
fee to which he had been elected, not
withstanding the constitutional amend
ment.
Under the constitution in force at
the time Of his election, before the
amendment, he was a duly qualified
voter, having declared his intention to
become a citizen of the United States,
and therefore was ''entitled to vote at
any election," and being entitled to
| vote, was eligible to the office to which
he was elected within the meaning of
the provision above quoted. This sec
ton of the constitution is decisive of
the case and covers the question in
volved so plainly. it seems to me, that
further comment is unnecessary. The
constitutional provision in force at the
time of respondents election remained
in full force until December Goth, 1896,
and then the amendment went into eff
feet This amendment did not, and
could not, relate back however and
annul the election. It did not relate
to or disqualify persons from holding
office who had been duly elected, at
the previous election. It only related
to the qualification of voters and hence
must necessarily relate to elections
thereafter to be held. am clearly of
the opinion that the respondent being
entitled to vote, as the relator con-
cedes, was eligible to the Office to
which he was elected. To hold other
! wise would necessarily ignore the
plain express provisions Of the consti-
tuition above referred to. .~*.--- -.
~ ...~- ~. - D. B: SEARLE, Judge.
G