The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-12-28
ELECTION
CONTEST IS DISMISSED.
Judge Stanton Allows Motion Of Mr..
Danaher's Attorney, and the
~ - Case Ends. T.. ..

49,. Case Ends. .
-. ~ .1E , MI a5
In district court, this forenoon,
fudge C. w. Stanton dismissed the
contest case of o. S. Huset against
A. w. Danaher, which involved the
eligibility of Mr.. Danaher to serve
as commissioner-elect from the
Fifth Commissioner district of Bel
trami county, the contestant alleging
non-residence against MI. -Danaher.
The contest. inaugurated by MI.
Huset was the result of the late
general election, Mr.. Danaher being
the regular republican nominee for
the office of commissioner :, of the
Fifth district, to succeed himself, Mr..
Huset entering the race as an indie
pendent candidate on the face of the
results of the election sas* returned
by the county canvassing board,
Mr.. Danaher was re-eleeted, the vote
being 181 for Danaher to- 124 for
Huset. Mr.. Huset contested, alleg-
ing that Mr.. Danaher was not a
legal resident of the Fifth Commits
sioner district, and therefore had
not the right to be declared reflect
ed. - 2. =
The case was taken up this morn
ing before Judge Stanton, Chester
MeKusick recently elected county
attorney appearing for Huset, and
E. E. Mcdonald of this city repre-
senting Danaher. = H..z ri
Mr.. Mcdonald moved the dis
missal of the contest, on the ground
that the action was not brought on
for hearing at either a general or a
special term, as provided bylaw.
This motion was argued, pro and
con, and Judge Stanton I took the
matter under consideration; Mr..
Mcdonald not waving any of the
rights Of his client. pending the
decision of this motion.
Mr.. Mcdonald again moved the
dismissa | of the action, on the
ground that the eligibility of Mr..
Danaher to serve on account of
alleged nonresident in the district
could not be properly appealed from
the decision of the canvassing board
which had declared Mr.. Danaher
elected; that this matter could only
be taken up under quo warranto pro-
ceedings, by or at the instigation of
the state.
In support of this motion, Mr..
Mcdonald recited several cases and
laid especial stress on the fact that
in investigating this contest Mr..
Huset was endeavoringto thwart the
will of the people, who had voted
! to retain Mr.. Danaher as their com:
missioner. It is up to the judges of
election to decide tie qualifications
of voters, etc., and not in the domain
of contest case to determine the
eligibility of an elected candidate.
Mr.. McKusick opposed the motion
endeavoring to show that it was held
in this state that any person can
institute quo warranto proceedings
in a case like that being tried.
Judge Stanton stated that he was
confident that this question of eligi-
bility on account of alleged non-resi'
dence was not a matter to be appeal
ed from the decision of the canvass.
ing board.
| The Judge ordered the contest
dismissed, on the ground that the
contestant was seeking to determine
the right of Mr., Danaher to hold
Office on the ground only that he
(Mr. Danaher) was not a resident
of the district from which he wa:
elected. The Judge expressed the
opinion that this question could moi
properly come under an appeal from
the canvassing board, but under the
laws of the state could only bt
determined by quo warranto pro
ceedings. Therefore the confess
was dismissed. -... ...
This is the second instance where
in MI. Danaher has been contested
on the grounds of non residence ir
the district. The former case wa!
|also dismissed.
THE Devir Is Coming.
| T. J. Newman, advance agent fol
Ernaat F;eher,e THE DeviF' com