The labor world. [volume] (Duluth, Minn.) 1896-current, 1902-10-18
QUESTION
RESOLVED
w. B. Moer Writes Editor
Labor World on Clerk
of Court.
W. E. McEWen, Esq,

w. E. McEwen, Esq,
Editor Duluth Labor World.
Dear Sir:-In the Labor World OF
Sept. 6. ult., the letter Of p. F.. Hanson,
secretary Of state, concerning office OF
clerk of district court in this county,
was published in connection with the
substance of my letter to him of Aug.
% in regard to such matter. In my
letter it was stated that. The matter
of filing vacancy in such office is one
left by the constitution to the legiela-
ture, and apparently there is no room
under the decisions Of the supreme
court of the state for any legal ques-
ton whatever concerning the length Of
the term for which the present llcun
bent of the office in question was elect
ed This seems also to have been Sec
rotary HansonS view, practically. In
the letter mentioned, which is dated at
ST. Paul Aug 2s, 1902, acknowledging
receipt Of mine of the 25th from which
the above remark is quoted, he states:
II find that at the general election in
1898, Geo. r. Chester was elected clerk
of the district court for a term Of four
years; his term expiring January, 1908.
] find by the returns Of the general cleo
ton held Nov. 1900. that J. P. Johnson
was declared elected clerk of court.
judge by this that there must have been
vacancy and that Mr.. Johnson was
elected for the unexpired term. If the
facts are as represented by you, Mr..
JOhnsOns term expires January, 1908,
and his successor should be elected at
the coming general election.' What are
the county officers to be elected is
matter to be ascertained by the secre-
tary of state, for the purpose of notice
required by law to be furnished by him
to county auditors. and if there were
any question here as to what the law 1s,
Secretary Hanson is presumed to have
had the benefit of the advice Of the
attorney general of the state in de-
termining such question. 1t is not to
be supposed, therefore, that the state
ment of his letter which has been
quoted above is dependent In any wise
VnOspA .o--iupS cmfWyp mfWyp
upon my assertion in that regard nor
is there any question as to the facts;
the latter, from which the conclusion
follows, being sufficiently stated in the
facts found by himself, and appearing
Of record in his own of flee, nodoubt.
Mr. Johnson, in the interview reported
by the Herald Of Aug 26, claimed to
have received advice from the attorney
generals office, in July last, to the eff
feet that he was entitled by reason of
his election to the office Of clerk Of the
district court, at the general election
OF 1900, to hold for the full term Of
four years and that in consequence the
election of his successor at the CON-
ing general election would be void. His
own idea, as explained by himself in
he interview referred to was to re-
serve his own filing as a candidate I'M
der the provisions Of the primary law,
until the last, and then file, with view,
in case he were elected, to having the
validity of the election tested by the
courts. My offer to file for the Demo-
cratic nomination for office of clerk
Of district court, on Aug. Is, forced
reported assumes. that is it re-
manned for himself to determine wheth-
Or or not filings of candidates for the
office held by himself should be re-
ceived at all or not. If his explanation
means that there was an understanding
pursuant to which that Of any other
candidate but himself wae 60 be de-
clined, as was done in the first in
stance in my own case. he should ceS-
tainly be remanded to his legal right to
hold his office for the term of two
years longer, if he has any such right.
and he ought not to expect to be re-
elected in that case. Mr.. johnson made
a mistake, unquestionably, in deferring
until the last his action in filing as a
candidate for reelection, while rely
ing upon legal advice, including ad-
vice from the attorney gen.
general of the state. which he claims
to have received in July last, that the
election of his successor would be void !;
the effect being to deprive other posi-
BILE candidates of equal opportunity
with himself for nomination to office
which he thought worth while him.
self to secure finally. That the impress
sion prevailed that there was no such
opportunity is of course evident from
the fact Of my affidavit having been at
first refused at the county auditors
office, report of which appeared in the