The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-04-12

SUPREME COURT DECIDES AGAINST
PROHEBITIONIsTs IN
FITZ-CASE
HAS NO PLACE ON CITY TICKET
Court Holds Primary Law Repeats
Nominating Provisions of Gem
eral Election Law by Impli-
ca1On-Otis Reversed.

The primary election law is constitu-
tional and John Henry Fitz has no right
to a place on the city ticket as the Pro-
hlb1tlon candidate for mayor of st. PAU.
The supreme court of Minnesota so holds,
Justice Start yesterday handing down q
decision reversing the decision of the
Ramsey district court in granting an al
tentative writ of mandamus ordering City
Clerk Jensen to place Mr.. Fritz name on
the city ticket. This decision is far
reaching in its influence.
The supreme court holds that the new
primary law by implication repeats the
provisions of the general election law re-
lating to nominating conventions, and
that Mr.. Fitz is not entitled to have his
name placed on the ticket by reason of
having been nominated by a convention.
The case is remanded to the district
court, with directions to quash the al
tentative writ of mandamus.
Justice Start says:
I'VE hold the act repeats the provisions
of the general election law providing for
the seleation of candidates by party
convention.
while it seems to US that the percent
age of the vote selected as the basis of
the classification. in the act is larger than
necessary, yet it was a question for the
legislature and we are not justified in
holding that the classification was arbi-
trary.'
The only way in which Mr.. Fitz can
get his name on the city ticket now is
by petition.
The supreme court handed down several
other decisions also yesterday.
Justice Collins affirmed the order of
the Hennepln county district court in S.
|. Randall, appellant, VS.. S. A. Lind
holm, an action to recover the amount
OF Joint promiSsOry note on which de-
PENDANTS name appeared as one of the
s1gners. Plaintiff set up the plea that
one or more of the joint makers of the
note had been discharged from their OBJ
legation at the time the action was COM
menced as reason for their not being
named in the complaint. The court holds
that in order to avoid plea in abate-
ment the plaintiff must support his allie
cation with proof
In Plano Manufacturing company and
A. II. Sleeves, respondents, VS.. Frank
Kaufert, appellant, Chief Justice Start
afffrms the order of the Mile Laos coun-
~ court in denying the motion of Kau-
fert to set aside a service of summons
ana holds that summons is not void
II 1t clearly informs the defendant that
1T IS intended for him. and requires him
TO answer the complaint Of the plaintiff
although 1t be not formally directed to
Justice Brown affirms the decision of
the Ramsey county court in awarding
Elizabeth A. Coonan a verdict of $3.50
damages and $3.50 for medicines against
the American House Furnishing COM
pany IN a personal injury suit.
Primary Law Is o. X.
state of Minnesota ex rel. John Henry
Ritz, respondent, VS.. Matt Jensen, as
City Clerk Of the City of ST. Paul, ap-
pellant.
1. The primary election act, L, 1899
Z: BAG, as amended and extended by L..
l@01, G. 215, repeats by implication, as to
al elective offices within it's purview,
the provisions Of the general election law
providing for party nominating conven-
tons. And no political party now has
the right to nominate candidates for such
ofhceS by a party convention
z The primary election law is conSti-
tutionaI. Judgment reversed.
Start, G. J.