The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-05-27

contest. If this was not done. the notice
was void, and conferred no jurisdiction
for it was clear that the court could
not look elsewhere than the notice of ap-
peal itself to see If sufficient facts We're
stated to bring it within the jurisdiction
al requirements Of the law.
Mr. Michael quoted from a decision
of the supreme court in Faribaut vs..
Hulett, 10 MINI 80, a. as the jurisdic-
ton of the court in cases Of this char
acter depends entirely upon statutory
provisions before the jurisdiction at
taches, acts must be stated by the pc
tittoner which brings the case within the
purView OF the act creating or comforting
the Jurisdiction"
When submitted to this test Mr.
Michael declared the pretended notice Of
appeal fell to the ground Sections ISL
and $50 permitted only amy candidate
or etector' of the proper city or county
10 institute or carry on a contest which
by d familiar rule Of construction. ex-
Guides all others from that right The
law had confined the right of contest TO
an opposing candidate or TO an elcctor
who had the legal right TO vote for one
or the other OF the candidates. All 9TH
ers were barred
The pretended notice of aDDtal filed in
the case wholly failed to show that the
contestant was either a candidate or an
eIector. The silence on this point one
or the absolutely essential turisdiciionaI
facts could not be assumed by aid Of
facts not of record. Nor could the court
take judicial notice of Mr.. McCardys
political status
In cases like the one at point where
notice OF appeal was required and also
where no notice of appeal was required
but where the notice Of points Of con-
/ test by service and fling constituted the
1urisdictiOnal step in the proceedings the
courts had held the jurisd' ctional facts
must appear by recital or averment. and
decisions fully sustained the contentious
made.
w. F. Hunt, who appeared for McCar-
dy, argued that the notice was suffic-
/ lent and adequate. but he submitted no
authorities to the court to back up MS
/ contention
First Assistant Corporation Attorney
Griggs, who had been instructed to drop
out Of the case BY Corporation Attorney
Markham, asked leave to make an ex-
PLANTATION to the court. He said he had
thoroughly Investigated the case before
he drew the appeal notice and ne was
satisfied that it was sufficient He then
attempted TO argue TO the court the mer-
its Of the contest. but was not allowed
to proceed on this line.
In reply TO Mr., Griggs' statement, Mr..
Michael said that with much less labor
an appeal notice complying with the
law could have been drawn. and the
labor of drawing the insufficient one
saved
Both Mr. Michael and Mr. Hunt sug-
gested that an early decision be rendered
on the motion and the court announced
that he would take the matter under
Amusement.
Mr. Michael stated last nigh. IN the
J a.
the motion to dismiss the case would
be appealed to the supreme court.
| The Republican city and county COM
mittee will meet Tuesday afternoon at
5 O'Clock. The meeting will be held for
the purpose Of issuing the call for a
/ county convention June q. to elect dele
! gates to o state convention to nominate
! state officers JuEe IS, at Minneapolis.
! F r. Fentou. w A Hurst. J. II. Cole,
Blaine Garrett and Harry Mercer. rep
I resentlng the Michigan State League Of
Republican Clubs. are a the Ryan. Their
/ business is to arrange tor hotel accom-
/ modat!ons for the Michigan delegation to
/ the national convention of the league.
Their state will have the largest rspre-
/ sentation of any at the convention. and
! they expect send over zoe men.
! The referees in the Benson -Pdrker re-
count put in a couple Of hours yesterday
and finished up the two remaining dis
! tTicts in the Sixth ward. In The Fifth
! precinct Parker lost one. and in he
Twelfth precinct both Parker ard Bensoa
gained one. This makes BeHsoB's piu-
| rafity Sc
Both the Benson-Earker aud MrCardy-
/ Retz recount Will be resumed ~ y
O'Clock tomorrow morning. In be i'en
son Parker recount the referees .iav" ss4.