The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-03-20


ic and Prohibition Parties Alone
May BE Represented.
Second Assistant Corporation Attor-
ney Taylor rendered an opinion yester-
day in response to City Clerk Jensen's
request asking for legal advice as to
the rights of the various political par
ties in the matter of furnishing judges
of election to serve at the coming
spring election.
Mr.. Taylor holds. as told in The
G o e of Thursday, that the common
council, under a strict Interpretation
and compliance with the law, must
select the first judge for each election
district from the list proposed by the
local committee of the Republican par
ty; the second judge from the list pro-
posed by the local committee of the
Independent Democratic party, and the
third judge from the list proposed by
the local committee of the Prohibition
party.
If his opinion prevails the Demo-
cratic-Citizens' party, the Populists
and the Democrats will be without rep
resentation at each of the ia polling
places i'll the city.
The opinion, which is addressed to
City Clerk Jensen, reads as follows:
Your recent communication TO Mr. Mark
IhlI IN NnlCn you ask for an OPINION S to
the rights of the various political parti in
regard TO participating in the furnish ng Of
Judges of election for the coming spring
election, has been referred to me, and |
take pleasure in advising you follows:
The determination of this matter inv Dives
careful Interpretation of several sections
of our general election law and for the bet
ter understanding of the matter l shall
quote somewhat at length from such sec
lions of the law bear upon this matter.
The method of appointment of judges Of
election particQlgrlV prOVideQ
ton SO, of chapter 4 of the General Laws
of 1893, known as the General Election
Laws, which section reads as follows:
Appointing the Judges.
AT least thirty days before any election
In any city in any incorporated village
having two or more election districts. the
local committees of the several parties par
ticipating at the last preceding election may
furnish to the city council. or other ap-
pointing authorities, a list of qualified cleo
tors for the various election districts to act
as judges of election, which lists shall be
certified to by several secretaries of such
committees. Said Judges of election, in
cities and Incorporated villages, shall be
local committees in the following manner:
One for each election district from each
Of said lists so recommended by the said
diherent parties; the first to be selected
from the list submitted by the party polling
the largest number Of votes in said city or
village at the last preceding general cleo
the party polling the second largest number
OF votes at the last preceding general cleo
ton; the third from the list submitted by
the party polling the third largest number
OF votes at the last preceding general cleo
ton.
IF either of the local committees of the
three parties respectively polling the first,
second or third largest number of votes at
the last preceding general election shall
vided, and list shall be so furnished by
the committee of the party polling the
fourth largest number of votes at said
preceding election, then one Judge shall be
selected from said list
In case there are not three lists sub
mitted to such council, or other appointing
authorities then said council, or other ap-
pointing authorities, shall select one from
each list submitted as above provided; and
said council or other appointing authorities
snail themselves select the other remain
Ing judge or judges, but in case shall
more than two OF such judges belong to the
same political party"
The first question that arises Is what
special qualifications must a political or
ganlzatlon have to entitle it to participate
in the furnishing. of judges of election. If
this right Is denied by the appointing au-
thor1ties or contested by others, what must
appear as its credentials? Is it enough that
said organization show it polled a vote
however small at the last preceding gen.
eral election, or, must such organization
be able to show that at such election it
polled a certain proportion of the entire
vote which was cast? For the purpose Of
determining this question, it Is necessary
TO refer to sections 81 and 81, Of this law
which reads as follows:
Sec. 81. Any assembly or convention of
delegates, held for the purpose OF making
nominations TO public Office or electors to
the number hereinafter specified, may nom
mate candidates for public office, to be filed
by election within the state.
said nomination shall be made by deiv-
ering to and leaving with the officer charged
by this act with directing the printing of
the ballots upon which the name is TO be
placed, within the time prescribed by this
act certificate Of nomination for each
candidate.
''Sec. "a. An assembly or convention of
delegates within the meaning of this act is
an organized assemblage of delegates rem
resentng a political party, which at the
last general election before the holding of
such convention or assembly polled at least
l per cent of the entire vote cast in the
state, or county or other division or dis
trict for which the nomination is made
Defines a Party.
Only candidates nominated by such a con-
vention, or nominated by petition as pro-
vided for by section So, are entitled to go
on the official ballot While l do not find
that the law anywhere defines a political
party, yet it is clear from the language of
sections 81 and a. it was the intent of the
legislature that organization claiming to
be entitled under the law to hold a con-
vention whose nominees are entitled to q
place upon the official ballot should be able
to show that at the last preceding general
election 1t pOlled at least l per cent of the
entire vote cast in the state or county or
other division district for which the NOM
law, the general election is defined to be
that which is held in every even numbered