State ex rel. Larsen v. Scott

• Decision Date: 22 April 1910
• Docket Number: Nos. 16,603 - (32).,s. 16,603 - (32).
• Citation: 110 Minn. 461
• Parties: STATE ex rel. JALMER M. LARSEN v. HUGH R. SCOTT.<SMALL><SUP>1</SUP></SMALL>
• Court: Minnesota Supreme Court

Page 461

110 Minn. 461

STATE ex rel. JALMER M. LARSEN v. HUGH R. SCOTT.¹

Nos. 16,603 - (32).

Supreme Court of Minnesota.

April 22, 1910.

Alternative writ of mandamus from the district court for Hennepin county directing the auditor of that county to print the name of David Morgan on the official election ballot to be used at the general election in November, 1910, as a candidate of the public ownership party for representative in the congress of the United States from the Fifth congressional district of the state of Minnesota, said Morgan not having been nominated at any primary election, and without the payment of the filing fee.

The petition for the writ alleged, inter alia, that the district committee of the public ownership party for that congressional district, which is the county committee of the party, by resolution appointed the time and place for holding a convention of delegates from the several election districts of that county for the nomination of a candidate for congress, appointed the time for holding the primaries for the election of delegates to that convention; that the primaries were held, delegates were elected, convention was held and the election of David Morgan, whose residence is in the city of St. Paul, Ramsey county, Minnesota; that a certificate of nomination

was sworn to and presented to defendant with the demand that it be filed and the name of the candidate printed on the blue ballots; and that sections 184, 221 and 222 R. L. 1905, are unconstitutional and violate the state and federal constitutions.

The court, Holt, J., sustained a demurrer to the petition and writ and quashed the writ. From the judgment entered pursuant to the order for judgment, plaintiff appealed. Affirmed.

Carl Strover and F. J. Geist, for appellant.

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Al. J. Smith, County Attorney, and Elmer W. Gray, Assistant County Attorney, for respondent.

O'BRIEN, J.

The Public Ownership party of the Fifth congressional district of Minnesota, coextensive with Hennepin county, on November 15, 1909, by a delegate convention selected David Morgan, a resident of Ramsey county, Minnesota, as its candidate for representative in congress, to be voted for at the general election in 1910. A duly verified certificate of such nomination was delivered for filing, without tender of the filing fee, which certificate the respondent, the auditor of Hennepin county, refused to receive. This proceeding in mandamus was thereupon instituted, and judgment in favor of the respondent entered upon the pleadings.

Upon this appeal the appellant claims that the laws of this state regulating primary elections and providing requirements for placing upon the official ballot the names to be voted for at a general election are in conflict with the constitution of this state, and with the federal constitution as well, and that the candidate, having been nominated by a duly called convention of the party, is entitled to have his name placed upon the official ballot at the next election.

1. The statutes of this state providing for primary elections and the nominations of candidates for office have been by the former decisions of this court construed as regulations of political parties and of nominations for office, and that in no manner do they attempt to abridge the right of the individual to be a candidate, or to vote as he may see fit, and that the filing fee required by a candidate before his name is placed upon the official ballot is reasonable regulation, and not an abridgement of the citizen's rights. State v. Jensen, 86 Minn. 19, 89 N. W. 1126; Davidson v. Hanson, 87 Minn. 211, 91 N. W. 1124, 92 N. W. 93; State v. Johnson, 87 Minn. 221, 91 N. W. 604, 840; State...