The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1916-02-03
PRIMARY Law TO
Be | {. GIVEN .TRY0Uf
MUCH ABUSED STATUTE UP
HELD BY MINNESOTA STATE
SUPREME COURT
ELECTORS NOT BOUND BY ACT

TRADITION DEMANDS THEY
SUPPORT CANDIDATE RE-
Is CEIVING LARGEST VOTE
St. Paul, Feb. 1.-The much dis
cussed Minnesota presidential prefer
ence primary law has been declared
valid in a decision by the state SUI
preme court, in which it disposed of
test case brought by Walter N. Car
roll of Minneapolis. The opinion COW
ers both the delegate and elector fea-
lures of the law. Carroll recently
sought to file as a Root candidate for
delegate to the Republican. national
convention. Secretary of State, julius
A. Schmahl refused to. accept the fl
ing on the ground that Roots name
had not been filed as aJcandidate in
Minnesota. The court upheld Schmahl,
ruling that candidates for delegates
cannot file until after Feb. 8, the last
day on which the names of presiden-
tial candidates can be filed. Carroll
then tried to file as candidate for
elector, with Root as his choice, and
again was refused by Schmahl. The
court again sustains Schmahl and
points out that Mr.. Carroll said in his
electoral affidavit that Mr.. Root was
his choice for president. The court
said no electoral candidate should at
tempt to add matters in his affidavit
not required by law. The ruling of
the court on what is said to be one of
the most serious defects in the law
seems to be in effect that the oath an
elector is compelled to give that he
will support the man nominated in the
Minnesota primaries for president is
not to be lived up to. That part of
the affidavit is of doubtful application
to an elector But even if it does ap-
ply it means nothing more than what
tradition demands of him while sit
ting in the electoral college after the
general elections, says the court. 81
While Senator Cummins of Iowa
has a monopoly of the Republican
presidential contest in Minnesota thus
far the fight for control on the Demo-
cratic side of the house is far more
interesting. Among the unwashed it
is a case of control, with several fac
lions waging bitter fight for the
mastery. Though all are agreed ,on
President Wilson, the rank and file
are not satisfied with National CONF
mitteeman Fred B. Lynch, and his
official goat is their principal aim.
Showing the activity of the crowd
who are opposing the. Democratic
leader an anti-Lynch bunch filed the
presidents name on the ballot and
followed it with numerous filings for
district delegates and delegates at
large. In every instance the candl-
date for delegate was an anti-Lynch
man and several displayed their col
ors to the extent Of so marking their
filing papers. The regulars, who are
the Lynch crowd, have their presiden-
tial petition in readiness, also a full
set Of delegates, and they will be
filed shortly. Because of the morgan
lied condition of the opposition many
predict a victory for the Lynch forces,
but Just the same the finish is going
to be a close one. The fur is certain
to fly.
Should United States Senator Clapp
seek a renewal of his Washington res
idency what party would he say ne
affiliated with last? An upstate paper
asks that question, and it intimates
that much depends upon the answer
for Senator Clapp. If is not salts
factory this particular paper intimates
the junior senator may have to ex-
plain to some one in authority. An
idle threat undoubtedly to Senator
Clapp and his friends, but perhaps
they fail to appreciate the fact that
all candidate filing papers where
party is involved contain a blank line
for the name of the party with which
the candidate is affiliated and an affi-
davit to the effect that he supported
and voted for majoriy of its repre-
sentatives at the last previous cleo
ton. Inasmuch as the junior sena-
tor was an admitted "Bull Mooser" in
the last campaign and made no con-
cealment of the fact interest is natur-
urally conferred in how he will fill out
this particular line in making out the
required filing papers. l am betting
that he writes in the word "Republl-
can"
Though 1 am still reluctant to ac-
cept the Eberhart senatorial with
drawal story, state capitol circles con-
tinue to peddle it out and Frank B.
Kellogg senatorial stock is booming
in consequence. Though without en-
dorsement as far as Mr.. Kellogg him
~ l. -44~s sNI