Sheriff-Elect Emil M. Erickson

In November 1930 Sheriff Frank L. Magie contested Emil M. Erickson’s right to the office of sheriff on the ground he was not a citizen and contends that Erickson was born in 1886 and his father was naturalized in 1908, when Erickson was more than 21 years old.

The debate continued for the next year. 

• Emil M. Erickson, sheriff-elect of St. Louis county, testified before Judge Bert Fesler in district court he was born May 20, 1887.  Erickson admitted that on many previous occasions he had given the date of his birth as May 20, 1886.
• Judge Fesler restrained Sheriff-Elect Erickson from attempting to assume the office.
• Sheriff Magie contended he was the duly elected sheriff Nov. 4 in that he was the only candidate eligible for that office.
• Judge Fesler discharged the temporary restraining order giving Emil Erickson legal right to take over the office.
• Sheriff Magie refused the demand of the sheriff-elect to give up the office.
• Sheriff-elect Emil M. Erickson filed a petition for a peremptory writ of mandamus asking the removal of Frank L. Magie from the office of Sheriff of St. Louis County. 

An excerpt from a newspaper article states: “Sheriff Magie maintained a guard of deputies in his office through last night. The vigil has been continued since last Sunday night to forestall any attempts to take the office by force.”

• January 28, 1931 – Judge Fesler ruled that Erickson was a citizen of the United States and eligible to hold office and take the post of sheriff at once.
• A newspaper article dated January 29, 1931 states Magie barricaded himself in the office of sheriff and was preparing to file a motion for an appeal to the state supreme court.
• On December 7, 1931 Sheriff Emil Erickson submitted his resignation as sheriff of St. Louis County.  His resignation left the appointment of a new sheriff in the hands of the St. Louis county board.

In December 1931 Judge Albert H. Enersen decided after hearing evidence that Emil M. Erickson was not a citizen at the time of his election as sheriff and never has been a citizen.  With Erickson declared an alien, Frank L. Magie had a legal right to attempt his reinstatement as sheriff.

St. Louis County Boasts Four Men on Job in Single Year

When the board of county commissioners appoints successor to Emil M. Erickson, resigned, St. Louis county will have had four sheriffs this year – none of whom was elected by the people.

They are Frank L. Magie, who was defeated for re-election by Mr. Erickson and who held office until ousted March 6 by a supreme court order.  Mr. Erickson, who defeated Mr. Magie, but whose election was declared void and of no legal effect – in other words, was not elected.  Dr. C. F. McComb, county coroner, who officiated as sheriff under state statute after Mr. Erickson resigned.  The board’s appointee, scheduled to be named this afternoon.

The situation is believed to be without parallel – certainly in St. Louis county.

Source:  Unknown – newspaper article, December 14, 1931