The Mankato free press., 1922-06-09
FIFTY BUCKS SENT
STATE STILL HELD
A. G. LAACK SEEKS RETURN
OF HIS FILING FEE
ARE WRITTEN
Diplomatic Notes Exchanged Be-
tween Ceuncilman-Sec-
retary State.

A C. Lack in a statement to
The Free Press today was very out
spoken in his dislike of the opinion
recently rendered by the attorney
general which ruled him out of the
race for state treasurer, and also
makes it necessary for him to await
the action of the next state legisla-
ture before he can get back the $50
he paid into the state treasury as a
filing fee. Mr.. Lack said that with
all due respect to the ability Of the
attorney general to rule on matters
of law, he still thinks that the off,
cial is mistaken.
Mr.. Lack stated that on the last
day of fling, May 10, he mailed a
registered letter in the Mankato
placed on the state ballot as a can
didate for state treasurer, accom-
panied by the required fling fee OF
$50. While Mr.. Lack does not ex-
press it in Just so many words, in a
reply to a letter received from Mike
Holm, secretary of state, he init
mates that both the attorney gen
eral and the secretary of state are
rather severe in dealing out the law
to applicants for state offices.
Copy of Holm Letter.
The following is a copy of let
ter received by A G. Lack from
| Mike Holm, SECRETARY Of state ex-
planning why Mr.. Lacks name was
not placed ca the state ballot:
''St. Paul, May %, 1922;-Adolph
~ MINI noor Civ
II am enclosing herewithNa copy Of
| the decision Of the supreme court,
which is self explanatory, and there
fore needs no comment.
"As you are doubtless aware, fol-
lowed the precedent established sew
eral years ago in this office and also
the advice of the attorney general
and receive all filings bearing post
mark of May 10. which reached the
office on May II. However, the de-
cision of the supreme court, above
tice, and I am therefore compelled to
cancel your attempted fling for state
treasurer. Your name. therefore.
will not appear upon the primary
ballot not upon the ballot for the
general election to be held Novem-
ber Z.
compelled to give you this informa-
| ton, but of course, we must all abide
| by the decision of the supreme
court. , r
Further, as / have already depo-
sited your money with the state
treasurer as required by law, there
is no method provided for the return
of your filing fee, and your only re.
course will be to apply to the next
| coocinn nf fha state 1npicIafnPn fAr q
refund in the appropriation bill.
Trusting this will make the matter
clear to you. I am. Very sincerely
yours. Mike Holm, secretary OF
state"
'. What Lack Says.
| The following is an answer to the
above letter OF the secretary of state
mailed by Mr.. Lack on June 2.
Holm, Secretary T Of State St. Paul,
MINI. Dear Sir: This is in reply to
your letter of May 20, in which you
say that you can not place my name
on the state primary ballot for state
treasurer, for the reason that the
affidavit of fling for the office was
not received at your office until af
the postmark showed that it was
mailed at Mankato on the fortieth
day, or May 10. You say that you
take this action because of the re-
cent ruling of the state supreme
court You further state that you
can not return my $50 fling fee, be-
cause you have turned it over to the
state treasurer, and there is no pro-
vision in the statutes for a return of
the money. / suppose you take this
stand upon ruling of the attorney
general.
With all due respect to our at
torney general, it seems to me that
he is also mistaken in this ruling. It
seems to me that you as a state Of
fetal stand in flduciary relation to
the men who seek to file for a state
office. You hold yourself out as be-
ing capable of giving the law to the
applicants in the subject OF filing,
you and the attorney general.
You scattered broadcast the in
formation that you would receive fl
ing for state offices when the post
mark was not later than the fortieth
day before the primary. relied
upon your statement, filed and paid
$50 You now admit that you were
mistaken.
"Of course, it was an honest mis-
| take of law, and the money was
paid voluntarily, bat it seems to me
that honest intentions, and volun
tary payments do not keep the same
from being constructive fraud prac-
ticed on me through the confidential
| relations between us in the matter
TN this view of the matter,
cannot see where you, in good con-
science, and equity, can retain my
filing fee. and force me to get what
redress I can from the next session
of the state legislature. Yours very
| trr,lu A Adnlnh @ Lack -