The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-29
MARKHAM IS TURNED DOWN
HIS CRAZY QUILT CITY BALLOT
ORDERED CHANGED

Every Contention Of the Partisan
Corporation Attorney Sauelched
by Majority of the Pench--
DemOcrat-Citizens' Rights Re-
spected by the Judges, If Not by
the City Hall Politicians.
A bewildering array of legal talent,
acting at the direction of the Republ-
can city committee in the interest of
the Scannell assistant Republicans,
was turned down by the district bench
of Ramsey county yesterday, and the
city clerk, who had made up the Off
cial ballot in the manner dictated by
the allied forces opposing DR.. Schiff-
mann, was ordered to put the names Of
the candidates of the Democrat-Citi-
zens in the second place on the ticket.
No attempt was made by the allies to
conceal their confederacy in the court
room and the alliance that has only
been hitherto demonstrated by the atti-
tude of the Kiefer-Scannell organ was
made very potent.
City Attorney Jim Markham defend
ed the city clerk, and among his aids
were Hiler Horton, chairman of the Re-
publican city committee; w. H. Nc
Donald, who some days ago wanted
Sheriff Wagner to subscribe 500 to the
ScanneH crowd, and who gave it out
in court that he proposed to file petit
ton that would prevent the official bal
lot being printed in time for election,
saying that he would be satisfied with
two years more of Doran; Harris Rich
ardson, who did the coaching for
Markham; T. Jefferson McDermott,
who went out of the Democrat Citizens
convention and into that of the Popu-
list convention, and some other lights
of the profession.
was represented by T. r. Palmer, who
took occasion to say that he was pres
emit only in the capacity of an attorney,
and that he was politically a Republi-
can. Messrs. Cutcheon and Michael
also took part in the argument
Judges Brill, Kelly, Willis and Bum
sat. The court was a unit in the de-
clsions on various points, with the ex-
ception of one minor matter
The court left the bench only once,
and that was to decide on the motion
of the defense to dismiss the applica-
ton. 1t took half hour to decide the
questions involved, and when the de-
clslon was announced as being adverse
to the city attorney the case was vir-
tually won.
Inc particular matter at issue was
an application for an order of the court
to direct the city clerk to place the
names of the candidates nominated bv
the Democrat Citizens on the official
ballot In the places they were entitled
TO by the filing of their certificates of
nomination.
Markham's First Fall
City Attorney Markham moved to
dismiss on the ground that the Demo-
craft Citizens party polled no votes g.
the last general election, and their can
didates were therefore not entitled to
place by virtue of their nomination
IN convention, and that the statue re-
curing the filing of the certificates on
or before April 25 was mandatory.
therefore the certificates not being Of
1ereo 1or Hing on that day, the clerk
was not required to accept them.
Inc city attorney left it to be as
sumed that the clerk was opposed to
the ming OF the certificates He con-
tended that the meaning of the statute
alrecting that the parties be placed ON
held In the last preceding general cleo
tlon, meant the last state election, and
tnat there was no such party on the
ballot In the election for state officers
in the fall Of 1896.
Mr.. Palmer opposed the motion on
the ground that the language of the
statute was specific, in that it referred
10 the last general election within the
territory included in the election that
is to ensue; that the last election with
In the view of the statute was the citv
election of 1885,
Ihe Democrat-CitiZens', headed by
.. y. Cullen, polled nearly 10000 votes
in the election of two years ago. and
1t is manifest absurdity to suppose
that the statute intended to shut out
any such party" said Mr. Palmer. "It
frequently occurs he added, chat man
put aside party affiliations in city cleo
tions. This party could not exist very
well in the last general state election,
for there were none Of the questions of
city government at ISSUE"
Mr.. Palmer'S contention was support
ed briefly by Mr.. Cutcheon.
The decision of the court, after the
recess that was taken, denied the mo-
ton and it was ordered that the case
be proceeded with.
Whereupon Mr.. Markham read a lone
and not very able Republican editorial,
which, he said, was the answer of the
city clerk. 1t did not deal much with
the questions at issue, but made some
sort of apology for the putting aside
of the rights of 10000 voters on the
ground that they represented a faction
Of the Democracy. The article was
about column and a half long. and
Mr.. Palmer said that he had never seen
nor heard of it before, that no copy
had been handed to him; that it had
nothing much to do with the case at
issue, except in so far as the refusal
Of the offer of certificates for filing
was admitted. It was a remarkable
composition, and he would like to have
a look at 1t.
No Sort of an Answer.
He had look at it and then said
that he didn't see that it was in any
sort an answer, and he was inclined
to let it go in as it was
Let US see it," said Judge Brill. 1t
was handed to the court and the four
judges looked it over and decided that
it did not answer anything and con-
stituted no defense to the application,
and said so.
There is, according to this, no de-
Tense, We conclude said Judge Kelly.
but a question arises that has not
been brought out by Mr.. Markham.
Should not the other candidates have
been made parties to this action?"
AT this Mr.. Markham subsidized. Har-
ris Richardson, his bottleholder, leaned
over and made a remark. Mcdonald,
the Scannellite assistant, collapsed ana
slid his n1pa 0ipOc ipfn hic rocl-ot Ia