The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-09-23
MAX MANDAhUS
SECRETARY OF STATE
Question of Right to Compel
Him to Give Candidate Party
Designation Is Raised

1t is by no means established law
that mandamus proceedings will not lie
against the secretary of state to compel
him to put the name of "a candidate for
the supreme court on the state ballot
with the party designation of more than
one party after the candidates name.
The election law prohibits the prac-
tiee, but many among the best lawyers
of the state contend that the law is
unconstitutional. To bring the ques-
ton to a test it is necessary to put the
secretary of state, the officer charged
with the preparation of the state bal
lot, under the jurisdiction of the su-
preme court. Lawyers have quite gen
orally agreed that this cannot be done.
Inquiry yesterday developed that,
while mandamus proceeding cannot
be maintained against the secretary of
state on questions involving the exer-
else of his judgment and discretion,
the question when involving procedure
as to the preparation of an election
ballot is by no means settled.
Early decisions favored the principle
that the executive officers of the state
cannot be mandamused, but in an opin-
ion given by the supreme court in 1897
Justice William Mitchell, of Winona,
said:
What Justice Mitchell Said
This court has undoubtedly gone
further than any other court in holding
that executive officers of the state are
exempt from the control of the court
IN the performance OF their official du-
ties. This is especially true as to the
executive officers other than governor.
1t will be found, however that what
was said went further than what was
decided"
Two years ago when the supreme
court ruled against the motion to pre-
vent the Socialist-Labor party from
going on the state ballot, the question
of the jurisdiction of the secretary of
state was not raised.
The statute expressly provides the
court to direct the proper officers to
correct the official ballot, if it is wrong,
and coupled with the intimations that
have been given by the supreme court
In its comparatively recent decisions,
the question is left open to doubt.
Judge G. L. Brown, of Morris, nomi-
mated by the Democratic state conven-
ton as well as by the Republicans
earlier in the campaign, is denied. by
the present Interpretation of the cleo
ton law from being given, on the Of
fetal ballot, the benefit of the designa-
ton OF Democrat as well as Re
publican 1t is said he is anxious to
have the dual designation after his
name, provided it is not in contradict
ton to the election law.
May Mandamus Secretary of State
The only way the law can be tested
is to bring the secretary of state be-
fore the supreme court by a mandamus
proceeding, and while there have been
n11pStin11c, 10
this action, it is admittedly an open
question for the courts to decide.
Were ii to come before the present
supreme court to decide, Chief Justice
c. NJ Start and Associate Justice w. B.
Douglas would be the only justices who
would be eligible to sit in the case, the
three remaining justices being inter-
ested in the matter as candidates for
Office this year. District court judges
can be called in to sit with the supreme
court judges if deemed necessary to
have a full bench.