Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1922-12-15


head Of the stairway in the rear OF
the Good Building, announcing in
stentorian tones, Hear Ye! Hear Ye!
Hear Ye! take notice that the cleo.
tion for the town of Darien is ad-
jonrned for dinner" ! stepped out
to learn what was on and discovered
the entire corps Of election officers
coming Down the stairway enroute
to place where refreshments might
be had. do not remember whether
the adjournment was announced by
Judge Bragg, Cornelius Mccarthy, or
e, A. Dopkins, but 1t was attended
with supposed customary legal for
maltty and procedure. We ex-
changed greetings as the officers
passed on down the street. They
returned In about an hour, and at the
head of the stairway one Of the
judges advised all within hearing
distance that "the election. for the
the town OF Darien is again in ses-
sion." ~.
We had in those days regular
party organizations in the several
counties of the state as well as in
the state at large. The republican
and democratic parties always had a
county ticket in the field and each
fought for successful results. The
holding. OF the Darten election in the
village gave rise to an election con-
test as TO the Office Of Register Of
Deeds, Mr.. Torpey was, the regular
republican nominee for that office
while r. M. Richardson was the
nominee, of the democrats; the latter
won out OF a majority Of 19 votes.
Darien was a strong democratic town
and always cast a good majority OF
its votes for the democratic candf-
dates. Such was the result in the
election of 1873, and. the votes there
cast for Mr.. Richardson were suffic-
/ lent to put him in the lead with
majority of the total vote; but IL
the vote of Darien could be thrown
out on the theory that the election
conducted at the place and in the
manner stated was Illegal Mr.. Torpey
was elected. .a...s-~-. -. - e..
l was the republican nominee, for
Judge of Probate. with Judge Bragg
OF Darien, the democratic nominee
ais smy Opponent. i went down to
defeat with Mr. ToFpey and the
democratic vote Of Darief1 did the
work, as 1t did for Mr.. Torpeys and
by a majority of II = in favor OF
Judge Bragg. Misery always loves
company and MIR. Torpey. came to me
for such consolation as we might
be. able to exchange over the result.
I advised him that in my opinion the
Darien election, was Illegal and that
the vote could be eliminated. giving
him the ofice. He thought 1t over
for a day or so and finally directed
me to~institute contest for him and
I did So The validity OF the election
In that town was challenged on the
grounds, /, that the provisions OF the
Village charter authorizing the town
election to be held within the viii
lage was unconstitutional and void,
(a) as not within the title OF the act,
/ the title being IAN act to incorporate
the village of Norris" and (b) that
: the act in that respect was in vio-
lation of the provisions of the con-
stitution declaring that no. elector
shall vote except In the election dis
! trict in which he actually resides;
and 2, that the adjournment for
dinner was illegal and of itself alone
rendered the election for the town
null and void. .".o- .--' 30 "a =
The second point was not as for
midzble as the first, but was made for
what 1t was worth. III. T. Bevans ap-
peared as counsel for Mr.. Richardson.
Both were somewhat worried about
the points made in support Of the
contest, with the result that Col.
John B. Brisbin, brilliant lawyer
of ST.. Paul, was retained as associ-
ate counsel for Mr., Richardson. He
interposed in defense a claim Of good
faith IN holding the election in the
village, with the further allegation
that there was no fraudulent or IL
legal voting; therefore, that the cleo
tion should not be declared defective.
/ Mr.. Torpey's contest was COM
menced soon after the election, but
could not be tried until court con-
vened in June 1879 following. In
the meantime Mr.. Torpey had en-
tered into profitable business engage
ments and concluded to drop the con-
test and 1t was accordingly dis
missed. Thus quite a load and con-
siderable worry was taken from the
shoulders of Mr.. Richardson who was
then getting to be, an old man. prob
ably one OF the elements prompting
] MFR. Torpey to abandon the case: be-
sides the Office did not pay much in
those days. Neither Mr.. Torpey nor
Mr.. Richardson ever thereafter en-
tered. the political field as candidates
for public ,ofice.. And the Darien
elections were never subsequently at
A q n = - . 80 a.Lp