The Minneapolis journal., 1902-08-28
.PERILs IN THE LAW
Withdrawals Might Be Made to De-
feat the Ends Of the Primary
7 Election Law. j,
Judges and County Officials Discuss
the Question-Positive Views
on Both Sides.

Judges MCGEE, Pond and Brooks this
morning informally discussed that Sec
ton of the primary election law which
seems to deny candidates the right to
withdraw their affidavits after they have
| been filed with the county auditor. r"
| Judges Pond and Brooks agreed that
the law was elastic enough to permit
| candidates to withdraw their affidavits at
any time before. their names had been
placed upon the ballot. Judge MCGEE did
not express an opinion. County Attorney
F. H. Boardman and County Auditor Hugh
Scott still insist on a literal interpreta-
tion Of the law, except In case where a
district court judge may see fit to issue
a special permit, allowing a candidate to
| withdraw his name Said Judge Pond:
The Law Blind.
1.-The law is a little blind on that point,
but don't believe its trainers ever in
! tended that any man should be forced to
run for office against his will. No such
law would be constitutional. If man de-
| clines to be a candidate it stands to rea-
son that he, cannot be coerced into al
lowing his name to go before the voters.
| The law expressly says that a candidate
shall not be allowed to withdraw where
1t Is plain that by so doing a wrong Is
about to be committed. This provision was
| no doubt inserted with the idea of heading
off candidates who might not be acting in
good faith by withdrawing in favor of an
other candidate or for other reasons It
is my opinion that the law aims to- pre-
vent the withdrawal of candidates only
when there Is no good reason for so doing.
"Manifestly, 1t would be a gross injus-
tice to the voters to allow them to throw
their votes away on q candidate who had
no desire to secure the nomination and
would do nothing to advance his interests.
Such candidate might have discovered
hold office If elected. Then, again, he
might after positively declining to run
for office, move into an adjoining state.
With his name on the ballot he might
possibly be elected even though resi-
dent Of another commonwealth That
| would be a nice mix-up.'
Deals Might Be Made.
County Attorney Boardman believes
that it would be possible to do the voters
an even greater injustice If candidates
were privileged to withdraw whenever the
spirit moved them. Said he:
IF the bars were let down to that ex-
tent it would be possible for political
tricksters to figure out combination
which would foist upon a party the most
Objectionable candidate regardless Of the
wishes of the voters. D.
Suppose that a really strong man had
reluctantly consented to try for the nOmi-
nation on the representation that the SEN
timent in the community demanded his
candidacy, as In the case of Acting Mayor
Jones. After he had filed there would be
nothing to prevent the friends Of the OBJ
jectionable candidate from inducing two
or more friends of the former to file, and
scare him off, thus leaving the man who
was to be downed in undisputed possess
sion of the field.
Such condition would. defeat the very
aims Of the primary election law and give
the professional politician as good an op-
portunity as he had under the old system.
II have told the county auditor that he
is not a judiciary officer. 1t is his duty
to follow the law closely. If. a man
wishes to withdraw his affidavit, I advised
the auditor to refer him to the district
court judges. If they decide that for
various reasons, a candidate is justified
in withdrawing, the auditor is relieved
of all responsibility in the matter