The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-13

of the Secretary of States Right
to Make Up the Ticket-HOn. II.
ID. O'Brien Appears for Attorney
General ChiIds.
The order to show cause brought
against Secretary Of State Berg, In the
proceedings instituted by the Prohibit
ton party, demanding a second place
on the state ticket, was considered by
the supreme court yesterday and talk
en- under adVisement by that body.
Daniel w. Doty, on behalf of the
Prohibition state central COMMITTEES,
occupied an hour with his argument
on the order. Hon. T. D. O'Brien, at
the request Of Gen. Childs, appeared In
rebuttal
Mr.. Doty asserted that If the sug-
gestion of Attorney General Childs thai
the court had no jurisdiction in the
matter held good, 1t would make Albert
Berg an absolute monarch and that he
being on the ticket as a candidate for
reelection, could, by virtue Of the office
which he held, keep all other names
except his own off the ticket and ne
could perpetuate himself for all time
in the Office. This would be the re-
suit If the courts had NO jurisdiction,
and If Mr.. Berg should assert an ar
bitrary attitude in the matter, Mr.. Doty
held that the Democratic and Peoples
party lost their Identity when one par
ty Endorsed the candidates of the other.
when the secretary Of state comes
to make up the state ticket" said Mr..
Doty, 'he win place at the head Of the
ticket the Republican nominees, they
having received the largest number of
votes at the last general election. If
he proceeded according to law he would
place the Prohibition party second, as
its candidates received on an average
about 1000 votes. The Democratic and
Peoples candidates would, by reason
OF the fusion, not be entitled to second
place, as it would be impossible to de-
termine which votes were Peoples par
ty votes and which were Democratic
ballots.
But" interposed Judge Start, TAX
ing that as true would 1t not deprive
all the old parties of their legal status,
If some new party should come along
and indOrse their candidates."
Mr.. Doty: 1T is a matter of choice
whether they would accept the nominal
ton or not"
Judge Collins: How can you keep
party from indOrsing a candidate or set
of candidates."
Mr.. Doty: ''It is merely optional, as
I said before, whether a man accepts
IL
the rule applies and the secretary Of
state is not compelled to follow the law,
he would soon become a despot and I'M
limited monarch
Judge Collins: "Well this opens up
an endless chain. All you would have
to do to deprive any Of the old parties
Of their legal standing would be to get
some party to indorse It's candidates.
One year the Republicans would lead
the ticket, next year the Democrats
and SO on down the line"
Mr.. Doty: 81 think it could be de-
pended upon that the parties would be
more fair than that"
Judge Collins: TT is hardly correct
to presume that all is honorable in war,
love or politics."
Mr.. DOty: by Endorsement the Re
pUblicans would destroy themselves 1t
would virtually be committing suicide
for the party to indOrse the candidates
| Of any other party. and I think the
court can depend upon the selfshness
of the party to avert any such
calamity as that"
In closing Mr.. Doty said: 1.-THE state
will go right along the same as before
and it's subjects will continue to enjoy
good health, which ever way the court
decides. But the principle involved is
just as important is If it was an at
tempt of Albert Berg to keep all but
himself off the ticket. The Dem
ocratic party and Peoples party
business at the old stand, but neither
Of them are entitled to second place on
the ticket, as it would be an intelec-
tual impossibility for the secretary of
state to determine what proportion Of
the ballots credited to the fusion ticket
belonged to either party. IF Albert
| Berg is to have unlimited power it is
high time that the people Of the state
know it,"
T. D. OBrien, at the request of the
attorney general, took up the other side
in behalf Of the secretary and the Dem
! ocratic state central committee. Mr..
O'Brien made a brief straightforward
address. 1T is quite apparent" said
Mr.. OBrien, that the secretary Of
state has treated the matter with emf
nent fairness. Mr.. Doty acknowledges
that the Democratic and Peoples party
! received next to the highest number of
votes cast at the last general election
and it is of this fact that the court
must take cognizance. In considering
the case we must not loose sight Of his
tOrical facts For forty years the DEM
Ocratic party. has been in existence in
this state, and has pOlled at all times
from one-third to 40 per cent of the
votes in the state. The Peoples party
is ten years old, and in 1895 the parties
Joined forces and polled 10000 votes
as against 10000 cast by the Republic
ans of the state. The candidates of the
Democratic and Peoples party beirg
Identical they have in all fairness a
right to second place.
THE primary election law and the
Australian ballot system which took
the composition Of the tickets out Of
the hands of the candidates were not
! intended to allow small parties to man
! ipulate and confuse the voters"
Judge Start: Suppose the contro-
versy had been between the Peoples
and Democratic parties for a certain
! place on the state ticket"
Mr.. O'Brien: well, in that case
there would be no point at law; they
would be given places on the ticket in
/ the order which their certificates Of
nomination were filed"
| At the close Of the arguments the
! court took the matter under Amusement
with the understanding that an opinion
would be given this morning, as this is
the day when the ballot will be COM
! pleted by the secretary Of state.
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