The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-18
UNION NAMES SECOND
DEMOCRATIC AND PEOPLES PARTY
NOMINEES FOLLOW THE RE-
PUBLICANS THROUGHOUT.
SUPREME COURT so DECIDES

Must Have POIIed More Votes
Than the PrOhibitionists, So
Third Place Is the Best the
''Drys" Can Get.
The supreme court yesterday handed
down a decision, written by Chief JUS
tice Start confirming the order filed
with the clerk of the court on Friday,
which sustained the action of Secre-
tary of State Albert Berg in giving the
Democratic and Peoples party candi-
date second place on the state ticket.
Justice Start. IN his opinion, reviews
the case eXhauStively, and holds that
the statute which provides that the
method of determining the largest num-
Der of votes polled at the last preced-
ing general election, by taking the aV-
erage vote received by such Of its
candidates as are not Endorsed by any
other party" applies only to cases
where individual candidates Of one
party are Endorsed by another party
and not in a case where two parties
maintaining independent organizations
meet and separately nominate d dupli-
cate ticket.
The text of the decision is as follows:
The petitioners are the candidates of the
Prohibition party for the offices of governor,
auditor and attorney general, respectively. to
be voted for At the next general election.
The party made no nominations for justices
or THIS court. hence al its candidates are
united in the petition herein. The petition
alleges that at the last general election
the Republican party p0led the highest num-
Der of votes and the Prohibition party
the next highest number of votes, 1000 in
all therefore, it is entitled to the second
place on the official ballot, but that the re-
spOndent, as secretary Of state in making
up the state ballot, has made a mistake
which he refuses to correct in that he has
assigned to the petitioners the third place
In the list Of party candidates on the ballot
Upon the presentation of the petition to
justice of this court, pursuant to the pro-
visions Of General Statutes 1894 section IS
an order was made directing the respondent
u make the correction or show cause before
the court why he should not do "a. The
respondent, by the attorney general, who Sug-
gested to the court that it had no jursdic-
tIoh N the premises, for the reason that
the respondent belonged to the executive de-
partment OF the state government as de-
fined by the constitution, and therefore not
subject to the direction and control Of the
judiciary, a coordinate department of the
state government as to any duties imposed
making the suggestion the respondent filed
his return to the order with the statement
that he submitted the whole matter to the
court and was ready to make any correc-
ton in the official ballot that the court
might direct, but further suggested that I'M
less such directions, if any, were promptly
given ne WCGIQ be unable to comply with
the law as to the printing and distribution
OF the official ballots. The petitioners ad-
mltted the facts stated in the return and
the cause was submitted to the court for Its
decision upon the record. The question of
jurisdiction is one Of great Importance. and
II must be admitted that the decisions of
TINS court prior to the case of Haynie V.
Metropolitan Trust Company, 67 Mimi 245
support the suggestions Of the attorney gen
eraI, but in that case it was intimated that
this court had gone to the extreme length
offi0 Of
Lhose other than the governor, exempt from
Jue control OF the court, and refused to an
ply the doctrine In case against the state
duuItCT Where IT was sought to compel him
10 perform an official act that in no manner
aHected the interest of the state but the
performance Of which was essential to the
protection OF the legal rights of individuals
NOW, whether the case at bar falls with
IN the principle announced in that case and
II not, whether the earlier cases should be
moulnec SO as to exclude this case from the
general doctrine therein held is grave
question, involving a careful REORGANIZATION
OF the whole subject and definite and ac-
Cutdte statement of the exceptions to the
general doctrine. if they are to be made,
me absolute necessity Of a speedy decision
IN TINS case makes il impracticable to en-
ttI upon such an examination of the cues
Jl0n- We therefore assume, without so de-
Clalhs, that the statute, by virtue Of which
TINS proceeding was instituted. is constitu-
uonaL 1t IS a mandate Of the legislature
ana Is presumed to be constitutional
Iouchlng the merits of the case, the facts
ire DIleHy these:
Prior to the general election of 1896 the
democratic party and Peoples parties were
separate parties; each of them at the then
last general election polled more than mar
cent OF the entire vote cast in the state
and each rarity separately nominated the
same candidates for several state offices To
be voted for at the general election of 1926
and their names were placed on the official
ballot Tor that year. The average vote polled
at such election by each Of the two parties
for the candidates so nominated by them
exceeded O00, while the average y0ts
polled by the Prohibition party did not eY-
coed 1000. The Democratic and PeonIe's
party, the present year. again each Separately
nominated the same candidates for state off
ces. to be voted for at the next general
election, and certificates of nomination nv
each party were fled with the secretary of
state who gave their candidates second place
IN the list of party candidates on the official
ballot and assigned the petitioners to third
place. The right of the candidates of tbe
democratic and Peoples parties, respectively
to a place on the ballot is not here nnes,
uqned, and the sole question before us is
whether the Prohibition party is entitled to
a second place on the ballot lis claim
Is that it polled the second highest vote at
the last general election. This claim Is based
on e. ). 1894, sec. 80 which provides that
The first name printed for each official or
group OF names, if more than one is to he
voted for the same Office, shall be the candi
GATE OF the political party which at the last
preceding general election Dolled tho Ioroast