The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-07-16
WANTED THE WHIP HAND
CHAPTER OF MICHIGAN POLITICAL
HISTORY IS RE-
VEALED
HE RESIGNED IN ADVANCE
Gov. Pingree Would Not ReappOint
MIR. Burns to Pardon Board Until
His Resignation Was Handed
In to That Official.

GRAND RAPIDS, Mich, July 15.-All
the politicians and offlceholders in tho
country will be interested in a case just
inaugurated for the purpose OF testing
the legality Of most peculiar exaotlon
made by Gov. Pingree when he reap
pointed David E. Burns, of this city,
member of the state pardon board last
winter. The question for the courts to
decide is whether the governor or other
appointing power can legally exact from
a prospective appointee a written resig-
nation to take effect at the pleasure Of
the appointive power or at some stated
time In the future. 1t will be readily
seen that the decision of the courts in
this case will be of the utmost import
ance to politicians generally, for If the
alleged position of Gov. Pingree is sus-
tanned an appointing power can build up
q machine which it can hold In line by
the throat to make the resignation ef-
fective the moment the appointee de-
rarts an iota from the straight and mar
row path marked out for him by his
maker. Aside from the peculiar cues
tons involved, the facts in this particu-
lar case are unusually interesting.
Mr.. Burns, who has taken the prelim-
mary steps toward taking me case to
the supreme court, Is a somewhat pic
turesque figure in Michigan politics, and
especially the politics of Kent county
and he cut quite figure at both the
last regular and special sessions OF ire
legislature. His present attitude grows
out of the fact that he has been turned
down by Gov. Pingree as a member of the
state pardon board, and Judge Harsen u.
Smith. of Cassopolis. a former member
of the board, appointed In his stead
When the announcement OF Smith $
appointment was made few Gays ago
Burns created something of sensation
by announcing that, although the order
for his own reappointment was not mace
until late in December last, he wrote DIS
letter of resignation In November. lie
now saws he has legal advice to the eff
foot that the resignation which Gov Pin
gree has seen fit to make effective was
not valid. inasmuch as he could not re-
sign an office to which ha had not been
appointed.
TROUBLE OVER APPOINTMENT.
Mr.. Burns connection with the pardon
board has been somewhat spectacular
and very interesting from the beginning.
He was introduced into state politics py
former Quartermaster General Whlte'
who is now fugitive from justice be-
cause of his connection with the military
frauds at a time when White, as Pm
gree's first lieutenant, was populariy
known as the governor OF Western
Michigan" Burns had been prominent
in local politics, having been assistant
prosecuting attorney of Kent county,
and having made a strong showing for
the nomination for prosecutor was re-
garded by White as a good man to have
on his staff For this reason White Sc
lected him as recipient of some favor
at. the hands of the governor, and Burns
expressed desire for a place on the
pardon board. The governor readily con-
scented, but trouble was encountered when
Burns appointment was sent to the SEN
ate for confirmation. The Kent county
senators, who did not train with the
same party faction as Burns, succeeded
in having the nomination held up, but
after the legislature adjourned Gov. Pin
gree appointed Burns for the interim,
and the latter was thus holding the Of
flee when the legislature was convened
in special session.
Burns had been on the board only a
short time when he seized upon favor
BILE opportunity to spring into promi-
hence. This was the application for a
pardon for Charles T. Wright, the So
called millionaire convict, who Is serving
a life sentence In jackson prison for the
murder of two deputy sheriffs who were
endeavoring to levy on a quantity of his
logs. Burns was the only member of the
pardon hoard to oppose the granting of
this pardon. He knew the history Of the