The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-04-25

the official ballot put the quartette of
managers of the Pottgieser end of the
Republican ticket in a bad way.
The order for City Clerk Jensen to show
cause why these names should not be
stricken from the ticket was to have been
heard this morning at 10 O'Clock before
three or four of the judges of the Ramsey
county district court, or a full bench
f. c. B. Woodruff, backed by legal tai
ent, carefully selected from the RepUb-
hcan ranks, sought to delay this action.
In order to delay matters application was
made to the supreme court YESTERDAY
afternoon for a. writ of prohibition re-
straining the Ramsey county district
court ordering any changes in the official
ballot. The application is based on the
unconstltutionality Of section 43 of the
election law which READS as follows:
Sec 43. Whenever it shall appear by
afhdavit presented to any Judge of the
supreme or district courts of the state
that an error or omission has occurred in
the printing of the name or description
- ~ any cano1date on official ballots, or
Indl any other error has been committed
IA IA pruning the ballots, or that the pres
loent or secretary of any caucus or con-
4 seI nave failed to properly make or
me name OF any person has been wrong
55uiY placed upon said ballots as a can
ol nd' SUCH judge shall Immediately, by
order, require the officer or nerso3
charged with the error or neglect To forth
Wltn correct the error, or perform his
outy' or to show cause forthwith whv
such error a,it snouid not be corrected or
such outy performed. Failing to ohev
the order of such. judge shall be contemnff
Inc claim Of the applicant ] M poft
gleser, upon which the order was issued
IS TO the effect that under the sectfon ha
t r no chance to appear in court and de-
lelid MS rights or show. to the district
court why his name should be retained on
the oIhclal ballot. In other words tha
the section or the law does Tot give hin,
or any person proceeded against, "a dov
III COURT ana consequently the section is
unconstitutional and VOID.
Onoer the order of the supreme conrt
which Is returnahie this afternoon at
SAocA' "heil the case against City Clerk
Jensen is called in the district. court thie
morning at 10 o'clock an adiournment
VIII be asked and taken until the sunreroe
court matter has been disposed Of The
regal committee of the Democratic CITY,
ana county committee stated last evenin1
that the arguments in the supreme court
tfns afternoon would not require more
tiian an hour or SO and It was probable
mat after the facts in the application and
order made to the district court had heen
explained. the supreme court would dis
miss the order
The judges of the district court will he
represented at the hearing before the su.
preme court by John H. Ives r A
Pike, c. A. F1emming, T. r. Kane and
]. r. Hickey, '-e-
r. A: Pike, a member of the legal com
mlttee of the Democratic city and county
organization, seen last evening, said:
I understand that the claim of Mn,
Pottgleser is that section 43 of the cleo.
tlon law is unconstitutional in that 1t
| does not require the service OF process
upon the candidates affected by anv
change In the ballot sought through legal
proceedings. While the section omita
mention of such service the order of the
district court, as ] understand it, in thie
case, supplies that omission and so does
In TACT bring all persons interested within
the courts jurisdiction and does give s1Ich
persons opportunity to be heard Even IN
me absence of section 43 it would ap1eer
only reasonable and fair that the citv
clerk might be compelled by the district
court, after it's obtaining Jurisdiction Of
all persons interested. to provide such n
ballot as should properly present the can
| dldates on the official ballot It would be
lntolerable to leave the city clerk the all
solute master of the situation as any,
other construction Of the statute would