Saari v. Gleason

• Decision Date: 10 July 1914
• Docket Number: 18,741 - (124)
• Citation: Saari v. Gleason, 126 Minn. 378, 148 N.W. 293 (Minn. 1914)
• Parties: J. S. SAARI v. JOHN J. GLEASON
• Court: Minnesota Supreme Court

148 N.W. 293

126 Minn. 378

J. S. SAARI v. JOHN J. GLEASON

Nos. 18,741 - (124)

Supreme Court of Minnesota

July 10, 1914

From a decision of the common council of the city of Eveleth, acting as a canvassing board, declaring John J. Gleason to be elected mayor of that city, J. S. Saari appealed to the district court for St. Louis county.From the order of the district court, Dancer, J., overruling John J. Gleason's demurrer to certain allegations in the notice of appeal, he appealed.Affirmed.

SYLLABUS

Corrupt Practices Act.

1.Chapter 3,Laws 1912(G.S. 1913, §§ 567-609), known as the "Corrupt Practices Act," provides two remedies for violation of its terms, one by criminal prosecution and conviction and a supplemental judgment of ouster, and the other by a contest of the election carried on according to the law regulating election contests in general.

Corrupt Practices Act -- authority of legislature to enact statute.

2.The legislature has the power under the Constitution of the state to pass an act prohibiting corrupt practices in elections and prohibiting any candidate from employing corrupt means to obtain an office, and providing that the practice of corruption by a candidate in securing an office shall bar him from entering into the possession thereof.

Corrupt Practices Act -- act valid.

3.Chapter 3,Laws 1912, prohibits practices corrupt and immoral and violative of the purity of elections, and provides that they shall be a ground for contest of the election.These provisions are valid.The act provides that in event any part thereof shall be held invalid, the remainder shall not be invalidated but shall remain in full force and effect.Under such a provision the rule is that, if part of a statute is unconstitutional, the remaining portions must nevertheless be sustained, if enough is left to constitute an enforceable law.The provisions of this act which are unquestionably valid constitute an enforceable law, and are not affected by the validity or invalidity of other provisions of the act.

S. F White and J. C. McGilvery, for appellant.

O. J. Larson and Neil E. Beaton, for respondent.

OPINION

HALLAM, J.

At an election in the city of Eveleth the contestee John J. Gleason was declared elected mayor.ContestantJ. S. Saari was his opponent.He contests the election on the ground that contestee Gleason violated what is known as the "Corrupt Practices Act" of 1912(Laws 1912, p. 23, c. 3;G.S. 1913, §§ 567-609).In the petition it is alleged:

That contestee published and circulated, otherwise than in a newspaper, literature which failed to bear on its face the name and address of its author or of the candidate in whose behalf it was published and circulated, or of the person causing it to be published and circulated, and that he knowingly made false statements in relation to contestant.This is prohibited by Laws 1912, p. 26, c. 3, § 7(G.S. 1913, § 573).

That he paid the expense of providing liquors, cigars and tobacco to diverse persons, for the purpose and with the intent of influencing said persons to vote for him at said election, and that said persons did vote for him.This is prohibited by Laws 1912, p. 26, c. 3, § 10(G.S. 1913, § 576).

That in order to promote his election he promised to appoint divers persons to public offices of honor, trust and emolument.This is prohibited by Laws 1912, p. 32, c. 3, § 22(G.S. 1913, § 588).

That he provided means of transportation to and from the polls for divers persons, for the purpose of inducing the persons so conveyed to cast their votes for him, and that they did cast their votes for him.This is prohibited by Laws 1912, p. 28, c. 3, § 13(G.S. 1913, § 579).

That he did "wilfully * * * pay, give and lend money and other things of value and offered, promised, and endeavored to procure money, place, employment and other valuable considerations to * * * divers * * * voters * * * in order to induce said * * * voters to cast their * * * votes for the respondent * * * and said * * * voters did give their respective votes to the respondent."This is bribery and is explicitly forbidden by Laws 1895, p. 664, c. 277, § 1(G.S. 1913, § 612).

The contestant on these grounds contests the election of the contestee.He does not ask that he himself be seated, and his counsel on the argument before this court did not claim for him that right, but conceded that the legislature either did not or could not provide for the seating of a minority candidate.The contestee demurred to so much of the petition as sets forth the above grounds of contest.The demurrer was overruled and contestee appealed.

1.It is contended the statute gives no right to contest an election for violation of the provisions of this statute.Other sections of the act provide for a criminal prosecution for violation of the act, and provide that in the event of conviction the court shall enter a judgment forfeiting the office.Laws 1912, p. 37, c. 3, § 38(G.S. 1913, § 604).Contestee contends that this is the only remedy contemplated by the act.It is plain that this is not the only remedy.Section 33 (599) in terms provides that the defeated candidate or any twentyfive voters "may contest the right of any person to nomination, position or office * * * on the ground of * * * violation of the provisions of this act."It provides that the contest shall be commenced by petition filed in the district court and shall be carried on according to law.This means according to the law regulating election contests in general.Section 34 (600) provides that, for certain unimportant infractions of the law, the election of such candidate shall not be void nor shall he be deprived of his office.Section 35 (601) fixes the time within which "any proceeding under this act contesting any nomination or election" must be commenced, and provides that "any proceeding to annul any nomination or election * * * must be filed in the district court of the county in which the person resides whose right to the nomination, position or office is contested."

These various provisions make very clear the legislative intent to give the right to contest an election on the ground of violation by a successful candidate of the "Corrupt Practices Act," although there may not have been any criminal prosecution or conviction.The act provides two remedies, one by criminal prosecution and conviction and a supplemental judgment of ouster, and the other by the more summary and expeditious means of an election contest.

2.It is contended that if the statute is given this construction it is unconstitutional.Article 7, § 7, of the Constitution, provides that "every person who by the provisions of this article shall be entitled to vote at any election shall be eligible to any office * * * elective by the people * * *."The persons entitled to vote are: All male citizens, subject to certain requirements of residence, except that "no person who has been convicted of treason or felony, unless restored to civil rights * * * shall be entitled * * * to vote at any election."Section 2, art. 7.And the legislature may "exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury or any other infamous crime."Article 4, § 15.The contention is that, if the act of 1912 is construed as authorizing the exclusion of a person from office for corrupt practices in the election, it adds qualifications of eligibility to office not warranted by the Constitution.It is contended that, under the constitutional provisions mentioned, no person can be deprived of his right to hold any office to which he can secure an election, no matter by what means, except upon conviction at the end of a criminal prosecution for one of the offenses mentioned in the Constitution.

We do not think the Constitution should be so construed.It must be remembered that no constitutional grant of power is necessary to authorize the legislature to pass any law.The legislature possesses all legislative power except such as the Constitution of the United States or of the state has taken away.It possesses the power to pass a corrupt practices act, unless the stateConstitution expressly or impliedly forbids it.The legislature has no power to restrict the constitutional right of a citizen to vote or to hold office or to impose conditions which shall, in any substantial manner, impede the exercise of those rights.State v. Erickson,119 Minn. 152, 137 N.W. 385;State v. Bates,102 Minn. 104, 112 N.W. 1026, 12 Ann. Cas. 105.But the legislature has the undoubted power to regulate the exercise of the right to vote and the right to hold office.

We think that a statute prohibiting corrupt practices in elections and preventing any candidate employing corrupt means to obtain an office does not in any proper sense impose a new test of eligibility to office at all.It simply excludes a candidate, employing unlawful means, from enjoyment of a particular office under an election which his own unlawful acts have rendered of no effect.It prevents his reaping the benefit of his own wrong.It says, not that he is ineligible to this office, but that he must use honest means to obtain it."All such reasonable regulations of the constitutional right," says Judge Cooley, "which seem to the legislature important to the preservation of order in elections, to guard against fraud, undue influence, and oppression, and to preserve the purity of the ballot box, are not only within the constitutional power of the legislature, but are commendable and at least some of them absolutely essential."Cooley, Constitutional Limitations (7th Ed.) 907.

We would not say that every act which the legislature might forbid could be made a ground for exclusion from...