The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1916-02-04
DECISION IS HANDED
| DOWN BY TRIBUNAL
Order to Show Cause Served On
SChmahI Is Dismissed
From Fridays Daily.

From Fridays DAILY.
Minnesota presidential preference
primary election law has been de-
clared valid by the state supreme
court. In an opinion handed down
today the court says, in answer to
the appeal of Walter N Carroll of
Minneapolis who sought to force Sec
rotary of State J. A. Schmahl to place
his name on the ballot for delegate
to the national republican convention
at Chicago in June:
Upon the application of the re-
lator, Walter n Carol, the respond
ent, the secretary of state, was re-
CURED to show cause before this court
why he should not place the name of
relator upon the ballot as a republi-
can candidate for presidential elector
at the coming presidential prefer
ence primary election, and also as a
republican candidate for delegate to
the national convention of said party.
''In response to the order to show
cause the secretary of state assigns
as reaosn for refusing to accept and
file the affidavits of candidacy pre-
sented by the relator that they do not
comply with the statute.
Uphoids the Statute.
"As to REALTORS candidacy for del
egate to the national convention of
the republican party we think the re-
spondent clearly right in refusing to
accept the affidavit. Section one of
chapter 372 L. 1915 governs. When
the affidavit was rendered no one had
filed a petition to become candidate
for president and vice president, and
the time for such filing does not ex-
pire until February next. The last
clause in said section clearly indi-
Gates that no candidate for delegate
can file until there is candidate for
president, whom he can specify in the
affidavit as his choice. To this mode
of selecting delegates to the nation
al conventions we see no constitu-
tional objection. It is essentially a
primary election. State eX rel. Nord-
in V. Erickson, 119 MINI. 1872; Brown
V. Smallwood, 100 Mimi. 492.
What Tradition Demands.
"As to REALTORS candidacy for pres
idential electOr we are also of opin-
ion that respondent properly declined
to receive the filing affidavit The
law does not require candidates for
electors to state a preference in re-
spect to presidential candidates. The
federal constitution gives the electors
free choice, but tradition demands
that they cast their votes for the par
ty candidate for president if the par
ty succeeds in the state in the No
vember election In this case the
affidavit states that a certain per-
son is REALTORS choice for president
An electoral candidate may gain an
undue advantage by adding mat
tiers not required by the statute to be
incorporated in the affidavit. 1t is
neither necessary nor expedient that
more than what the law specifies be
stated
OF Doubtful Application
ut may be true that the part of
the affidavit, wherein the candidate
must state that he will. to the best
of his judgment and ability, faithful
ly carry out the wishes and prefer
ences of the voters of his political
party as expressed by the voters at
the nominating election, is of doubt
full application to one who offers him
self as candidate for presidential
elector. But even if this applies to
an electoral candidate, it means no
more than tradition demands of him
in respect to the performance of his
duties in the electoral college.
"The order to show cause is dis
charged"