The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-03-20
year on the first Tuesday after the first

year on the first Tuesday after the first
Monday In November.
The law does not specify whether the vote
cast for the national state or county or
city ticket within a certain district where
an election is TO be held Is to govern This
question does not arise as to the city ticket
In st. Paul, because 1t is not voted for at
the general election. The national ticket
cannot be considered for the obvious reason
that 1t is not voted for at every general
election. What governs, then the state tick
ct, the county ticket or both?
| am strongly of the opinion that both the
vote cast for state ticket and the vote cast
for the county ticket must be regarded In
determining what organizations at the last
preceding general election cast the required
! per cent of the vote within the city of st.
Paul To ignore the vote cast for the coun-
ty ticket would be to exclude from consider
alton an organization with the usual quail
fications Of a political party, but which eX-
listed only for local or county purposes, not
taking part in state elections. TO ignore
the vote cast for the state ticket would
exclude from consideration an organization
which possessed the usual qualifications Of
political party and which participated in
the last state election but which nominated
no county ticket.
Neither of these results could have been
intended by the legislature. The conclusion
follows, then, that to entitle an organZa-
ton to nominate such candidates by conven-
ton as have right to be placed upon the
official ballot to be voted for as the candi-
yates OF Sucn organization at the COMING
election in ST. Paul, such organization must
be prepared to show, if its right is disputed
either by an official or a party having the
right to raise the question, that at the last
preceding general election is polled within
the city, at least one per cent OF the en-
tire vote that was cast within said city Tor
either the county or state ticket.
1t is impossible to conceive of an associa-
ton of persons as entitled to be regarded
political party, whose chief object Is not TO
promote the election of persons to office VINO
are selected from its ranks and are repre-
sentatives of its political faith and princi-
pies, nor could there be any object in con-
ferring the right to join in furnishing Of
judges of election upon political organlZa-
ton which was not entitled as such to par
ticipate in the election itself.
| therefore conclude that wherever the
word party is used in said section fifty
three it must be taken to mean such an or
ganization or association of persons as Is
entitled to participate in a body in the cleo
ton of persons to office. Consequently,
when the legislature said that the lists OF
candidates for judges should be furnisheu
'by the local committees OF the several par
ties participating at the last preceding cleo
ton 1t must have clearly referred to Such
political organizations as could show they
polled the required vote at the last preced-
ing general election.
It's Effect in ST. Paul.
Proceeding now to the present situation
in St Paul and understanding from your
letter that it will be necessary for the ap-
pointing authorities to decide between sew
eral organizations contesting for the same
rights in this matter, it now remains to in
quire what political organizations partlcl-
pating at the last preceding general cleo
ton are able to show that they cast within
the city of St. Paul for either the state or
county ticket one per cent OF the entlre
vote which was cast for those tickets Wlthln
said city. Manifestly, recourse must be hau
Hinio
cast for the state and county tickets within
the city of St. Paul in the election OF NO
vember, 1896, in order to ascertain these
facts Those returns are the only and con-
elusive evidence of the vote, ana must De
the credentials of the several pontlcal Or
CARNATIONS participating at that electioh
and now claiming to be entitled to FURNISH
judges OF election.
election as found in the legislative manual
for 1897 and the returns for the county
elections, filed with the county AUDITOR l
find that the highest number OF votes cast
within the city for both state and county
tickets were cast by the Republican party.
The next largest number OF votes, on Dull
tickets were poiled by combination Oh
Democrats and Populists, under the So
called fusion plan. The next highest num-
Der of votes were polled by the Independent
Democrats, party having canoloates ohly
on the county ticket, while the next hlghest
number of votes were polled by the PROM
bition party, whose nominees were on botn
tickets, but none Of whom polled as hlsh
a vote as did the candidates OF the lnoe-
pendent Democratic party on the county
ticket The said election returns are silent
as to the number polled by the Democratic
party or by the Populist party.
I now assume what is undoubtedly the
fact that there is no such party as the
Observation-Disclosures party, but that the
Democratic and Populist organizations, II
they exist, are separate and distinct, one
from the other, holding separate conven-
lions, and, as a general rule, nominating
separate and distinct tickets to be voted
for at each election.
The Democratic and Populist organizations
did not vote as parties at the last election,
but met upon common ground and voted for
a set of candidates, in part selected bv P"-'
ulist and in part by Democratic conventions.
The fusion was so complete in every way
that 1t is impossible to do more than con-
lecture as to the proportion cast by either
organization. Therefore, to say whether
both Popuist and Democratic organizations,
or, if not both, which one polled more than
l per cent of the entire vote cast for the
state or county ticket in this city at the
election of 1896, would be purely conjecture
on my part and substitution of my own
views of the probabilities Of the case for
the lack of evidence furnished by the cleo
ton returns.
I am, therefore, compelled to the conclu-
sion that where, at the last preceding gen.
eral election, a political organization has
become completely fused or amalgamated
or test which must be resorted to in order
to determine its rights in the matter of
lecting judges Of election. The election law
has Plainly failed to provide for the exigen-
cies Of fusion. 1, therefore must advise
you that by the official election returns of
the vote cast in the city of st. Paul at the
last preceding general election for the state
or county ticket, the only parties which
are affirmatvely shown to have polled,
within the city, per cent of the entire vote
cast for either ticket in said city, are the
Republican, the Independent Democratic
and Prohibition parties.
Under the procedure provided for In said
section So. the appointing authorities, If
they insist on strict Interpretation and COIN
pliance with the law, may select the first
judge for each election district from tho
list proposed by the local committee of tho
Republican party; the second Judge from a
list proposed by the local committee of the
Independent Democratic party; the th:rd
Judge from the list proposed by tho local
committee of the Prohibition party. II any
such party fails to properly submit list,
as required by law, then one Judge shall he
selected from each list properly furnished,
and the remainder Of the judges may be Sc
lected at large, the only restriction bang
that not more than two judges in each cleo
ton district shall belong to the same po-
htical party.
The authorities authorized TO annoint tho