The Saint Paul globe., 1904-08-24
DONAHOW[R DIVIDES
SEEKERS OF [RMIN[
Candidates viii Be Separated
In Groups on Official
Ballots ).

- Names of candidates for the state SUI
preme court will not be printed togeth-
er on ballots this fall, regardless OF
whether the candidates expect to fill
terms beginning next year or the year
after. In an opinion given yesterday
by Attorney General Donahewer to
Secretary of State Hanson it is held
that manifest distinction must be OBJ
served on the ballots between the two
classes of candidates.
Secretary Hanson made Inquiries the
other day so that he might prepare the
ballots properly. He asked whether
he should consider that there were
candidates for four vacancies in the
supreme court, or that there We're two
groups of candidates for such vacan-
cies.
There are four justices to be elected.
replied Mr. Donahower-the term OF
one to begin January, 1905, and the
term of three TO begin January, 1906.
Candidates in Two Glasses
One vacancy had been caused by the
resignation of Justice L. w. Collins
last April. This vacancy was filled
through an appointment made by the
governor in accordance with section TO
of article 6 of the state constitution.
Section 10 provides that, in case the Of
flee Of any judge becomes vacant be-
fore the expiration of his regular term,
the governor shall appoint a judge who
shall hold Office until his successor is
elected and qualified; and "such sue
cessor shall be elected at the first an
nual election that occurs more than
thirty days after the vacancy shall
have happened" Hence the successor
to Justice Douglas must be elected next
November.
Moreover under the general law state
officers begin their terms with the jan
uary following their election, provided
a different date is not specified by the
law. (Sec. 7, General Statutes 1S940
The successor to Justice Douglas will
therefore begin his term next January.
But the regular terms of the three 9TH
er justices whose terms expire before
the election in November, 1906 will not
end until the close of next year.
Explains Difference
"The difference between the terms Of
Justice Collins successor and the three
terms that will begin in January, 1906"
says the attorney general, constitutes,
in my judgment, such a substantial
OlSClnCtlOIl III the Offices DIS 70 dutHOl
ize placing the names of the candidates
for the Office of the justice whose term
begins January, 1905, apart on the bal
lot from the names of candidates for
the offices the terms of which will be-
gin January, 1906.
''The reason is apparent:
IF the candidates for the four places
be made one group, the result might
be the election of any candidate for the
office of the justice whose term begins
January, 1905, unless it should be held
that only the three candidates receiv-
ing the highest number of votes were
eligible to the office of the justices
whose terms begin January, 1906; and
am not prepared to say that, there. is
any foundation in law for this view"
Mr.. Donahower evidently foreseees
that if four justices were elected with
out discrimination as to term, three of
them might find it difficult to persuade
the fourth that they would be entitled
to six-year terms. beginning january.
1906, while he should be contented with
the two years only-1905 and 1906-left
over from the term of Justice Collins.