State ex rel. Eaton v. Schmahl

• Court: Minnesota Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: State ex rel. Eaton v. Schmahl, 140 Minn. 219, 167 N.W. 481 (Minn. 1918)
• Decision Date: 17 May 1918
• Docket Number: 20,999
• Parties: STATE EX REL. LEO K. EATON v. JULIUS A. SCHMAHL

167 N.W. 481

140 Minn. 219

STATE EX REL. LEO K. EATON v. JULIUS A. SCHMAHL

No. 20,999

Supreme Court of Minnesota

May 17, 1918

Upon the relation of Leo K. Eaton the supreme court granted its order directing Julius A. Schmahl, as secretary of the state of Minnesota, to show cause why he should not refrain from causing the name of one James A. Peterson to be placed upon the official primary ballots of the several counties of the state as candidate for nomination for United States senator. Order discharged.

SYLLABUS

Primary election ballot -- candidate convicted of felony -- proceeding dismissed.

Application to restrain the secretary of state from placing on the nominating election ballot the name of a candidate for United States senator who had been convicted of a felony, and therefore by state law ineligible, was dismissed because an election to that office is governed by Federal law and the provisions of state law are inapplicable thereto. [Reporter.]

Jamison Swan, Stinchfield & Mackall, for relator.

Frederic A. Pike, for respondent.

OPINION

PER CURIAM.

Proceedings to restrain the secretary of state from placing upon the nominating election ballot for the June, 1918, primary election the name of James A. Peterson as a candidate for United States senator, on the ground that since the filing of his affidavit as such candidate he was convicted of a felony in the Federal court, sitting in this state, and is now under sentence by the judgment of that court to imprisonment for a term of years, and is...