The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-10-29
SUPREME COURT ORDERS NAME
OF A REPUBLICAN STRICKEN
= FROM BALLOT
ACTION REvERsEs THE
s ORDER or CROSBY
Contest Over the Right of, Hastings
Candidate to Place on the Ticket
Settled by High court--Nice Inter-
probation of Law Gives Democrats
an Advantage.

: =-. s.
f. The supreme court yesterday re-
versed Judge Crosby, of the. First jul
| dicial district, and issued an order di-
recting the county auditor ofsaDakota
| county to remove from the official bal
| lot the name of A. l.. Dickson, who
was placed onSthe. ticket as one of the
representatives OF the Thirteenth dis
! trict by the Republican county COM
mittee of that county.
This action was taken for the reason
| that Judge Crosby was aVerse to CIV
ing rehearing In the. case after the
decision of the supreme court in the
case of E.. S. Corser, who was placed
on the legislative tieket+fn Hennepin
county by the Democratic committee
and whose name vas them byeorder of
the supreme court, stricken from the
official ballot.
AT the primary election the Repub-
leans in the Thirtfeth district placed
only one candidate for representative
on the ballot, although the district is
entitled to twe. Ssrs
Oct. 2 H. L. Sumption, as acting
chairman of the Dakota county com
mittee, proffered to the county auditor
son as the second candidate for the
legislature on the Republican side.
Jelly Refused TO Accept.
County Attorney Jelly refused to
accept the nomination, holding that
the opinion had been given by the at
torney general that a vacancy under
the election law did not mean a va
cancy where there had been no nomi-
nee at the primary election.
An alternate writ of mandamus was
issued by Judge Crosby requiring the
county auditor to show cause why the
name of Dickson should not be. placed
on the ballot, and at the hearing Oct.
Is Judge Crosby made the writ per-
emptory and permanent and ordered
the name Of Dickson placed on the bal
lot. In his decision accompanying the
order Judge Crosby held that the term
ANY cause" was sufficiently broad to
admit of the county committee filing
the vacancy on the ticket, even though
there had been no nominee at the pri-
marieS.
AS soon as the supreme court had
passed on the CorSer case the Demo-
cratic county committee endeavored to
have Judge Crosby give the case a re-
hearing, but. without success. Appli-
cation was then made to the county
auditor to have Dicksons name strick
en- from the official ballot. County At
torney Jelly saidOJudge Crosby's de-
cision was good enough for him and
there the matter rested.
GiIIett Found a Way.
Senator Schaller, who had represent
ed the Democratic county committee
in the proceedings, was away and
there did not appear to be any way to
get the case before the supreme court
for a ruling except by stipulation. This,
Of course, the attorneys for the Re
publican county committee were in no
particular hurry to agree to. w. H.
Gillett was engaged to see what he
could do in the way Of bringing an ap
peal to the supreme court, and luckily
he found an old stipulation among the
papers Of Senator Schaller. He imme-
diately attached his own name with
that OF Schaller and filed the papers
in the supreme court appealing from
the order of Judge Crosby.
The supreme court relaxed the rules
and after hearing statement Of facts
issued an order reversing the order Of
Judge Crosby on the authority Of the
decision in the case of E. S. Corser VS..
Hugh r. Scott, auditor. of Hennepin
county, filed FecentIy