The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-10-23
SUPREME COURT ORDERS HEN
NEPIN COUNTY AUDITOR TO
CORRECT OFFICIAL BALLOT
HIS USE OF THE WORD
DEMOCRAT UNAUTHORIZED
Name of Spencer Holman, Candidate of
Socialist Party for Congress Will
Not Appear on Ticket Associated
With the Designation Democrat" or
Democratic - Republican Scheme
Thwarted.

The supreme court, after listening to
the argument advanced by Emanuel
Cohen, attorney for John Lind for the
brief period of five minutes yesterday,
issued an order directing County Audi
tor Scott, of Hennepin county, to cor
rect the official ballot as requested in
the application of the petitioner.
at was the most bare-faced PROPOSE
ton I have ever heard" said an attor-
ney who was present when the case
was argued yesterday, "and the only
explanation that I can make of the ac-
ton of the Hennepin county auditor is
that he must a W received a. telephone
from someone having the political in
terests of Loren Fletcher very much at
heart"
When the official ballot was posted
by the Hennepin county auditor Mon
day there appeared on it the name OF
Spencer M. Holman, who was designat-
ed as Social Democrat" candidate for
congress.
Auditor Required to Explain.
John Lind, who is the candidate OF
the Democratic party in the Fifth dis
trict, at once appealed to the supreme
court for an order requiring the audi
tor to show why the ballot should
not be corrected by striking out n
WOTQ bGIllOCIdI dltGl LhC AAcIhS -
Mr.. Holman. The order was made re-
turnable yesterday.
The facts as presented to the court
by the attorney for Mr.. Lind, showed
that on Aug. Is a petition purpOrtlng
to be signed by $50 voters, had been
presented to the county auditor re-
questing that Spencer M. Holman be
placed on the official ballot at the COM
ing election. The petition which head
- ~ 1.-l :oo ,1paC 1nod nc fol-.
lows:
"That we petition to have the name
of said Spencer M. Holman placed ON
the official ballot, together with the
political designation Socialist the
said Social Democrat party in said
state, county and city having duly
changed it's name to Socialist party,
and now being known and designated
as Socialist party"
Looking Out for His Party.
Without paying any attention to the
request made by the parties who had
signed the petition for Holman, the
auditor of Hennepin county decided
that it would be for the best interests
of others than the Socialists to nave
the designation after the name of Hol-
man include the word Democrat" and
he accordingly so made up the Official
ballot.
Assistant County Attorney c. L..
Smith, of Hennepin county, who ap-
peared for Auditor Scott in the su-
preme court yesterday. pointed out
that the Social-Democrat. when they
changed the party name to socialist.
also adopted a resolution to the e1Iect
that if this designation could not be
used, then the former party deslgna-
ton was to be employed.
The court called the attention of Mr.
Smith to the wording of the petition
signed by the voters on which Holman
was given a place on the official ballot,
and intimated that this should nave
weight with an official as against any
resolution passed by a political party;
Mr.. Smith then raised the point, ana
argued for an hour that the section
Of the law prohibiting n party rom
adopting the name of another party
applied only to parties formed after
it's passage.
Chief Justice Start, at the conclu-
sion of Mr.. Smiths argument, stated
that the court would retire and decide
whether it desired to hear any further
arguments. A short conference result
ed in the statement Of the ch1ef JUS
tice that the court did not care to hear
any more arguments from either sue;
The order made by the court was nj
ed shortly after the case had been
heard, and was as follows:
Must Correct Ballot.
Now after full and mature delibera-
ton had thereon, it is here and hereby
ordered that Hugh r. Scott d o forth
with, as county auditor of said enne-
pin county, Minnesota, correct the bal
lots to be used in said county at the
general election to be held in Novem-
Der, 1902, by striking out the word
Democrat" after the name of Spencer
M. Holman, as candidate for the office
Of member of the house of representa-
tives of the United States from the
Fifth congressional district of the state
of Minnesota; and that the said Scott,
as such county auditor, be and he IS
hereby prohibited from placing after
the name of said Holman, as such can
didate upon said ballots, either the
word Democrat or "Democratic;" and
that said Scott, as such county audi
tor, be and he is hereby prohibited
from using or distributing for such
election any ballots containing either
said word Democrat" or said word
Democratic after the name Of said
Holman as such candidate.
Let a certified copy Of this order be
delivered to said Hugh r. Scott forth
with.