The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-28
Letters From The People.
UNDER REPUBLICAN LASH.
The Position of the Old Soldier in
the State of Minnesota.


the State of Minnesota.
To The st. Paul Globe:
l have just read in your weekly issue, of
date the Goth inst, the article 1.-THE Passing
of the Old Soldier" Alas, it is too true
When we come to consider the date and time
of the passage of the act OF our state legis-
lature giving preference to soldiers in public
employment. being chapter 49, General Laws
of 1897. and the then object of that Repub-
lcan legislature in passing said law, it is per-
tectly plain to discover why all the Republi-
can judges and courts should hold as Judge
Kelly held, as stated in your article above
mentioned. That act Of the legislature of
this state (as we'll as all similar acts OF that
nature passed by the legislatures of differ
ent states of this Union), was passed at
the first session of the legislature
after President Grover Cleveland was first
inaugurated to the position of president of
these United States, he being the first DEM
ocratic president elected since the Republic
cans got into power in 1861. The Republicans
thought they saw in Cleveland's election the
complete overthrow of their power, which
they had so long held and as a legacy to
the Democracy, that was to succeed them,
they rushed through the legis- ature the above
mentioned act believing it would be another
civil service act for Democracy to contend
with when they should have control of the
Offices in this state. They we'll knew that
the old soldier was as completely under the
lash of the Republican party was ever the
poor liberated negro under the lash of his
master in slavery, and, in fact, more mental
and subserVient slave to the Republican party
than was the Southern slave before the Civil
war to his master.
The Republican would not for a moment be-
Geve that there could be Civil war soldier
with knowledge and information together
with independence and manhood enough to
be a Democrat, after the twenty-five OF more
years of Republican training as his master
and director during their continuance in
power.
But it turns out these men, some such in
dependent soldiers, and they are now mod
estly trying to be recognized under the pro-
visions of said soldier law, by asking for
positions under the provisions thereof and
are met by Republican judges holding
as Judge Kelly has held That law is to them
a Republican boomerang.
1t is a well-known fact that one or more
honorably discharged Union soldiers have
made application for the position Of
clerk of the municipal court Of this city since
the present judges thereof have been declared
elected to said position, and the judges thereof,
whose auty it Is to make such appointment,
have I'D to the present time utterly failed
and neglected to consider such Applications
or to appoint any other person to that DO
sition, as required by law to do. They, be-
ing true blue Republican judges have thus
raf, py their non-action In said matter, Ignored
not only the law organizing that court in
relation to the appointment of clerk thereof
but have thus far ignored the soldiers relief
law, virtually saying that soldiers law was
only intended 10 apply when Democrats were
ofhceholders and Republican honorably dis
charged Union soldiers should apply to them
for Sositions. Under the decision of Judge
Kelly, it would appear at the first blush
that to mandamus that court and ask it why
1t does not appoint the soldier applicant TO
the position Of clerk, the judges would simply
say. they had exercised their judicial dis
erection, and that would be the end thereof,
and the writ would be quaShed or dismissed,
never stopping to consider what the statute
means when it says the writ Of mandamus
particular cases judicial discretion has
reference to. Judges of courts are for the
purpose Of adjusting differences between par
ties litlgant before the court over which they
happen to preside. and in which case they
are IN no wise interested.
In passing upon all such matters the writ
of mancamus will not control the courts
judicial discretion. That rule cannot be
made to apply to O. case where the majesty
of the law prevails The state OF Mime
sofa, ex rel. -, relator, is plaintiff, and the
spondents upon a complaint for violation
by ignoring the special laws organ
ling and continuing the court, in not appoint
ing a clerk thereof. and also ignoring one
of the general laws Of this state. 1t is a
case against derelict judges, and the derelict
judges cannot hide behind the answer of
judicial discretion, for they cannot decide mat
tiers in which they are individually interested
as litigants; those cases must be decided by
another judge one not interested or any wise
affected by it's decision. The cases are not
similar in any respect, and the judicial
discretion rule cannot be made to cover the
latter one which must be construed under the
law Of political preference.
Pro Bono Publico.
CT parl Oct 1909