The labor world. [volume] (Duluth, Minn.) 1896-current, 1913-08-09
JUDGE CANT'S DECISION.

Of course we were disappointed in Judge Cant's de-
cison We could not be otherwise. We received more
for the office of mayor than polled by Mr.
Prince believed the court would permit the in
tent be recorded and then declare Mr..
MoEwen the duly elected mayor Of Duluth
The daily papers asserted that Judge Cant, true to
the practice of Minnesota courts had based his findings
the intent of the voter 1t is not just to us TO
give circulation to such report for Judge Cant did
nothing of the kind If he had ruled Mr.. McEwen
would have been elected mayor.
The court did hold that when unregistered voter
made reasonable attempt obtain the signatures Of
free-holders his affidavit which, when filed with the
election would enttle him to vote, and it was
found that the affidavit faulty, or that
one or of the persons signing it not free
holders court not warranted in throwing out
the ballot. such instance it held that the voter
reasonable attempt to establish his right to vote
This putting it in the language of the court but
SO all readers will understand it.
This portion of the decision not new to us, for
the court had practically held at the trial However
does not door wide for fraud at cleo
tions and the candidate with the most can place
at hotels the Ormonde and the Metropolis such
as was done, free-hoders under pay, whom the
prospective may believe to be bona de but who
in fact are but cogs in the corrupting machine back
OF the candidate? If this view of the court is upheld
we will never be honest election in Du
luh until charter provision governing registering
election day is drastcally amended Judge Cant IS
an honest Judge, and believe immovable to every
consideration save of justice, but it not
be possible that his this point would be that
of all courts.
Our case was based upon the question OF 1rreg-
ularities in voting so much it having votes
that were cast for counted. number of ballots
contained two cross for first choice for
two for second choice and two for additional choice.
No voter could make mistake in the third column.
The states that whenever there are more marks
in the and second choice column than there are
Offices to be filled they shall be counted and then
it stops
Judge Cant held to the literal construction of the
charter, but contend in direct conravention to the
theory the preferential system of voting In the
Grand Junction charter there is such provision as
is contained the Duluth charter, and whenever the
additional choice is computed to determine the
result of the election all marks that not be counted
in the and second columns moved into the
third column and counted.
No Minnesota court can claim to aid in carrying out
the intent of the that does follow the
practiced Grand Junction If the election deter
mined by the choice ballots, by the first and
second choice ballots the courts position would be
sound but when additional choices in addition
necessary then every mark made by the voter should be
counted just If he had marked his ballot correctly
The fact that he placed mark after any candidate
name indicates that the candidate of his choices
The case should be taken the supreme court,