Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1906-10-10
DENY LEGALITY
Of ELECTION
MORE TROUBLE AHEAD FOR
JOHN NJ. NELSON.
BUT HE HAS CERTIFICATE
Document Declaring Him Duly Chos-
en- as Congressman Is on File
With Officers OF House-0uestion
Raised by Assistant Secretary Of
State F. M. Miner.
Madison, Oct. 4.

Madison Oct. 4.
"A very grave question has arisen
as 20 whether the successor of Gully
! Adams TO fill the vacancy occasioned
| by his death in the office of represen-
| tative in congress from this district
! could be chosen at a special election.
The statute on the subject, section
| oak of the statutes of 1898, as CON
strued by the revisors, provides that
/ a vacancy in such Office shall be filled
| at the next general election unless it
occurs more than four months before
| that election, or so shortly before it
as that notice could not well be Civ
| en-. The vacancy occasioned by Mr..
| Adams death did not occur more THAI
| four months before the coming gener-
al election or so shortly before THAI
| notice thereof could not well be Civ
en-. He died on the ninth day or
July, 1906. and the general election
occurs on the sixth day of November,
| 1906. So that under this statute, as
construed by the revisors, his success
or to fill the vacancy must be chosen
at the general election and not at a
special election called for that pur-
pose.
Nor does section 94M afford any
warrant for filling this vacancy at a
special election To warrant spe-
cial election under that section for a
representative in congress, there must
have been a failure to choose such
representative at a general election,
and Of course nothing Of that kind
has as yet occurred in this district.
This is the way Colonel George w.
Bird. whose legal knowledge is well
established. states the case. 1t GER
tainly sounds plausible Other good
! lawyers say that election laws are
very literally interpreted and that in
view of the fact that an election has
already been held in good faith and
a certificate of election issued to John
NJ. Nelson. ne will doubtless have no
difficulty in taking the seat in con
gress when the short session begins
early in December. and that he will
f! keep it until the expiration of the
term. March I, 1907.
Question Raised by Miner.
f. NJ. Miner, assistant secretary oi
state, is the official who raised tht
question of the legality of the elec
ton of John NJ. Nelson to fill the va
cancy caused by the death OF the iat'
Congressman H. c. Adams. 1t is th'
opinion of Mr.. Miner, who is an at
. torney, that no special election TO
this vacancy could be held because
the death did not occur more thar
four months prior to the general cleo
ton.
A special election to fill this va
cancy was in fact held on the day o
the primary election. and Mr.. Nelson
received a majority over Grant Thorn
az. an independent candidate. A
the result of the official canvass 0
, the votes of this special election
, which votes were received in III
secretary OF states office and ther
5 compiled for the canvassing board,
| certificate Of election has been issue
: TO Mr.. Nelson. signed by Assistan
D Secretary Of State F. NJ Miner, VIII
2 now raises the question of the lega
ity of the special election.
: Nelson Has Certificate.
Mr. Nelson has received a copy {
|, this certificate and one was sent b
;. Mr. Miner to the chief clerk of II
house Of representatives at Washinj
:. ton. The United States constitute
: provides that each house shall be tn
:. Judge of the qualifications of II
e members. so that it appears, as NJ
). Nelson believes, that If any questio
l. can at this late day he raised as
L the legality of his election, 1t is u
e to the house Of representatives to d
t eide after the certificate of electio
signed by the proper state officials Ia
y been placed on file with the officer
4 of the hous. The special electic
t was held in accordance with an officii
d opinion made by Attorney Generi
e Sturdevant after an inquiry had bee
o made by Col Munson for the exec
, tive Office
J. Republican Protest improbable.
II is not probable that any repul
( lican viii attempt to make coate.
/. with Mr.. Nelson for the office. Dr
) there is another very interestin
0 phase to the question. A democr5
5 may g through the form Of securin
a the nomination from his party. an
then demand a place on the ballot {
g the general election II the seer
tary Of states office is inclined to III
view now taken by Mr. Miner, il migi
r be that the democratic nominee wou'
i De placed on the ballot and then u
I, getting the largest number of vote
would he assured, for Mr.. Nelson, -
+, lying on the regularity and legality {
his election already, would not NOV
in the matter Then there wo,ild b
an inevitable contest between til
democrat and MIR. Nelson before tn
house Of representatives.
Democrats Take II Seriously.