The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-30

convention" Held - Argumen -
Made Before the Bench on the
Subject.
Seven of the ten men. who. under
the leadership of Henry H. Fuller. con-
stituted the mass conventions" held
Sept. 26 and Oct to nominate candi-
dates of the independent Democratic
party, appeared in the district court
yesterday.
Judges Brill. Kelly and Otis listened
to the application, evidence and argu-
ments submitted on the order TO show
cause why the county auditor should
not strike from the official ballot the
names of the seven candidates. NOM
mated by Henry Fuller and his six
colleagues.
T. r. Palmer, Assistant County At
torney Zolllan and Q. J. Cook appear
ed for the independent Democrats and
c. d. O'Brien, D. D. Williams and
George Lambert were heard in favor
of the petitioner. Humphrey Barton,
chairman of the Democratic county
committee.
Mr. Palmer opened the proceedings
on behalf of the independent Demo-
cratic party by moving to dismiss the
order, and argued labOriOusly to prove
that Fuller and his half a dozen col
leagues had held a mass convention, as
designated under the law, and these
fCrmalities having been gone thrVIgh
with, the county auditor should place
the names of the candidates nominated
on the official ballot.
G. D. OBrien replied briefly, and the
judges, after a few minutes recess,
denied the motion to dismiss the or
der.
Mr.. Palmer then Informed the court
that he would prove that the indie
pendent Democratic party cast more
than per cent of the vote at the last
county election. That the convention
had been publicly advertised and had
been attended by those who affiliated
with the party and others. He was
certain that afffidavits showing these
facts could be presented to the court
Monday morning.
Assistant County Attorney Zollman
urged that there should be no unnec-
essary delay, as the official ballots
should go to the printer at once, in
order to be delivered on Thursday
Judge Kelly did not think the print
ers would work on Sunday, even if the
printer had the work delivered tonight.
Judge Brill thought the only ques-
ton to be considered was, had there
been any convention. The name of the
party cut but little figure, as 1t was
customary to use various names, and
the court did not care to go into that
The proposition was, had there been
q convention in the meaning Of the
law
Judge Brill said the matter would be
taken up at o'clock Monday morn
ing, and the court was about to adj
JOurn, when Attorney Williams asked
that the court direct the witnesses
subpoenaed by the petitioners to be
present in court Monday morning.
The names being read by Mr.. Will
l1ams it was found that all but one
Of the persons were in court, and the
Judges intimated that If 1t was possible
the hearing might go on Immediately.
Henry Fuller was called by Mr.. Pal
mer and testified to being chairman Of
the convention, and that a notice was
published in the Dispatch of Sept. %,
announcing the time and date for the
holding Of the same The call was
signed by Norman Fetter, as chairman,
and 0. j. Cook, as secretary. The pa
per containing a notice of the call was
introduced. The call was published
on the want page, under the head of
miscellaneous, and occupied ten lines
There were ten persons present, in
| Guiding himself. Norman Fetter call
ed the delegates to order and after
the witness had been elected as chair
man and Otto K. Sauer secretary, COM
mittees on credentials and organization
were appointed. After the credential
committee had reported the temporary
orga nizatiOn was made permanent and
the question of candidates was discuss
ed. Some candidates were nominated
and then an adjournment taken to Oct.
4. The convention was held at the
office of C. P. Brown, in the Washburn
building, and the adjourned session
was held at the same place. He did
not know whether any Of the candi-
dates nominated had been notified or
not
An affidavit from A r. Capehart,
nominee of the party for probate judge,
was filed, which was to the effect that
it was not until Oct. 26 that he was
aware he had been nominated for the
position.
On the cross examination Fuller was
asked when the so-called party was
first organized. Objection was made
by Mr.. Palmer, and Judge Brill held
the objection we'll taken. Mr.. VIII
liams argued that it was necessary to
show this as the impression was that
the organization was no more a party
than whist or checker club
Fuller admitted that there had been
no primaries held, and that the call
for the convention was made by Nor
man Fetter and o. J. Cook. Present
at the convention were: o. J. Cook, J.
c. Devereux, Norman Fetter, Harold
Harris @ p RrOwn T R11VDoip o.