The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-18
WESENBERG MUST STAY.
HIS NAME CANNOT NOW BE TAX
EN- FROM THE TICKET.

Judge Start yesterday afternoon, is
SUED an order on Secretary of State
Berg, returnable before the supreme
court this morning, requiring Mr. Berg
to show cause why he should not strike
the name of M. F. Wesenberg from the
state ticket, as Mid-Road Populist
nominee for the secretary Of state.
The application was made bv Mr..
Wesenberg's attorney, G. F. Marvin, of
Duluth, and results from the disaffec-
ton in the Populist party, which dates
back to the recent state convention. at
which Mr.. Donnelly withdrew and or
gained the Mid-Road PopuIist party.
nominating a full state ticket, Several
Populists Of the old school, We're plac-
ed on the mid-rOaderS ticket among
them was Mr.. Wesenberg, whose name
was used, he says, without either his
knowledge or consent
Mr.. WeSenberg applied to Secretary
Berg to have his name stricken from
the ballot, and that official asked Attor-
ley General Childs if such action on
his part would be legal after the ticket
had gone to press. Attorney General
Childs gave an opinion yesterday, hold
ing that Mr.. Wesenberg's application
had been filed too late. The opinion
is as follows:
In order that the election law may pronerIv
of no
sample ballot, you have already directed the
official ballot to be printed, and have printed
and distributed the sample ballot among the
several county aud tors of the state
You inquire in effect whether you now hava
any duty to perform in the premises
l have to advise you in reply that Mr.
Wesenbefg's resignation has been filed too
late to entitle it to an official action on vour
part further than to receive and file the
same
When resignation occurs after the print
Ing of the ballot, you powerless to make
any change therein. The statute has studious
ly sought to provide against the misfortune
arising from the death or resignation OF the
candidate OF party after the ballot has been
tee to make another nomination and to Sc
cure the placing of the name of the candidate
upon the ballot by the use Of adhesive
pastors. But no provision has been made for
a case like that of Mr.. Wesenberg. for ths
simple reason that no candidate can he suh
stituted in the place of a nominee nv nett
ton who withdraws or resigns. 1t was in
cumbent upon him to take timely action to
prevent the appearance of his name unon tho
ballot 1t VIII not avail him to now saw
that he had no actual knowledge that he had
been SO nominated. He had the constructive
notice of the fact arising from the filing ~
the petition in the office of the secretsrS -
state After the sample ballot has been
printed and distributed to the county auditors
the law VIII not permit the delay, vexation
and expense, incident to the printing and dis
tribution of another ballot merely tn reliaIo
one of the chagrin Of having his name an
pear upon the ballot against his will III.
opportunity is gone.
A sample ballot is required by the statute
to be posted and published. It must be identie
cal with the official ballot to be used at the
polls. 1t Is posted and published for the puro
pose Of giving it the incident publicity viii
the view to the instruction and guidance ~
voters. You were required to post it on the
18th inst and did SO. If Mr.. Wesenberg "a
now have his name stricken from it on the
ha
another at later date and the work of vonr
office may thus be thrown into confusion
and the law seriously thwarted as to postina
and publishing. The provisions of the statuta
both as to posting and publishing are inner
alive. Estate VS.. Taylor, As, H. H. T15l
As was said In the case just cited, election
officers are charged with important and
clearly defined duties with respect tn taa
filling of vacancies. 1t is not their duty 70
aid In the creation of vacancies that are not
to be filed" not