The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-10-18
SUPREME COURT HAS
UPHELD PRIMARY LAW
Especial 20 The free Press.l

Especial 20
erom Saturdays Daily.
st. Paul, October 1.-THE state
supreme court today upheld the con-
stitutionality of the statewide pri-
mary law when it refused C.. w.
Brandbors, socialist-Iabor candidate
for governor, place on the ticket.
Brandborg failed to receive the re-
quired number of votes under the
new law.
st. Paul, October 12.-The validity
of the entire statewide primary law
was attacked today in the hearing OF
C. w. Brandborg's mandamus suit
in the supreme court in which he
sought to have his name placed on
the ballot as socialist-labor candi-
date for governor, although he received
fifty-one votes less than the required
10 per cent of his party vote in the
primaries. J. T. Avery of st. Paul,
attorney for Brandborg contended
the state primary law did not re-
peal the prior law authorizing nomi.
nations by conventions and that it
was nowhere stated in the title of
/ the act that such was the intention.
Brandborg claimed a right to go on
the ballot from being nominated at
a state convention of his party. Alex
L. James assistant attorney general,
made no argument against the appli.
cation but cited the sections of the
primary law on the case. Secretary
of State Julius A. Schmahl urged
the court to decide the case as
quickly as possible in order not to
delay the printing of the ballots, but
the judges took the case under adj
visement without indicating when a
decision would be given.
st. Paul Pioneer Press: That the
new primary law did not repealspeci-
fically the right to convention nomin-
alton was the argument presented
the supreme court judges yesterday
by Attorney J. T. Avery, appearing
for C. w. Brandborg. socialist labor
candidate for governor, in his manda-
mus proceedings commenced to com.
pei Secretary of State Julius Sch
mahl to put his name on the ballot.
Assistant Attorney General James,
appearing for the secretary of state,
made merely formal statement of
the conditions, explaining that the
Socialist labor party polled 600 votes
in the recent primary. At the last
election the party polled $50 votes,
and as the law requires that to be
nominated in the primary, candi-
date must poll 10 per cent Of the
party vote at the last election, Brand
borg needed 651.
The case is an interesting one, as
friends of the administration, includ-
ing the secretary of state and the
attorney general, believe that the ap-
pearance of Brandborg's name eon the
ballot would further divide opposition
to Governor Eberhart and increase
his chances for election.
ST. Paul, October 12.-Presenting
her case with such eloquence as to
hold the undivided attention of judges
and lawyers, Miss Margaret Young,
a teacher in the Minneapolis public
schools, yesterday appeared as her
own attorney in the state supreme
court. She asked that a Hennepin
district court judgment for $3.50 OBJ
tanned against her by Charles Lind
quist, contractor, be reversed. Lind.
quist had remodeled flats belonging
to her at 2616 Hennepin avenue and
dispute arose as to payments.
Miss Young, who has taught in
the public schools from 1901 and
who is on a years leave of absence,
was admitted to the bar in 1906,
but never practiced. When the case
was on trial in district court she
helped her attorney, Miss A. p.
Evans, in cross examination.
'The supreme court argument was
easier than l thought it would be-"
said Miss Young after the argument
today. ut was easier than district
court work, l think, for the judges
put you at your ease. The only thing
worried about was that / would
talk too much"
St. Paul, October 12.-Interpreta-
ton of the application of the ten
day limit" for the commencement
of contest proceedings is given by
the supreme court this morning in
an opinion written by Chief Justice
Start in the case of John Walden VS..
c. N. Calf, appellant, from Rice
county.
Walden and Calf were rival candi-
dates for alderman in Mortified last
March and Calf was declared elected.
Walden instituted contest proceed
ings and appealed to the district
court of Rice county to set the mat
ter for hearing April / at a special
term at Mortified. Calf objected
and the matter was then set for
April 10 at Faribault, and continued
to May 1. Then Calf moved that
all proceedings be dismissed on the