Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1851-01-31

board of supervisors, specified by the l4ih Sec
ton for the filling of vacancy is distinct and
different matter from the 1lOtice" of the election
prescribed by the 18th section to be given and
posted by the town clerk and inspector of wards
The noticing" mentioned in the 95th section
evidently refers to an omission in the requisites
prescribed by the 18th section in its formal de-
tails, manner Of posting, number posted, &C.,
&c, rather than TO the substance of the notice il
self in respect 10 the omission of any notice of
any description, OF in respect o total omission
in the notice to state ''whether any of the officers
then to be chosen are 10 fill rGcancies, and the
names of the offices in which vacancies exist"
Without these requisites in the notice itself,
there might be multiplicity of persons d,tlv
elected, claiming the same office-and without
the order specified in the l4th section how are
the town and ward officers, and voters TO know,
as SUCH the vacancies to be filed
Under this view of the case | am led 70 the
conclusion that said section 95 does not cure the
defect in relation TO the "order necessary by the
by the l4lh section, and that the omission of such
order for filing the vacancy at the last Nov en-
Der election does prejudice the claim of the
relator to hold the Office.
By the omission of such order, and conse-
quently of the proper notice, the electors may
we'll have supposed they were voting TO elect to
this office tor Irregular teT'm and the relator
many have supposed he was elected for such
term. Had the order been duly made by the
sheriff and countersigned by tho clerk of the
board OF supervisors, to fill this vacancy, the
town and ward officers could have given the pro-
per notices, the electors would have voted intel
! ligenily, and the person declared elected would
have known for what term he was elected, and
thus have been prepared to qualify within the
time prescribed by law.
Suppose Robinson had continued in office un-
| til few days previous TO the General Election,
and then had moved from the county, or had d.
| ed, or his Office by other means had become va
| cant, which fact was known to his immediate
| and personal acquaintance only, and at the cleo
! ton in November those few acquaintance had
voted for a county Treasurer for the county of
/ kenosha the great majority of voters being ig-
noraut of the vacancy and ignorant that in some
obscure corner of the county such officer was
/ being voted for, and consequently casting no
vote TOR such office, would it be grayely urged
that such an election would confer upon the per-
son receiving the votes title TO the Office ? If
not, could a more extended and general voting
for such office confer any better right? and is
not this the case before me?
Establish the doctrine that such an irregular
election is valid, and we can we'll conceive that
vacancy in the important Offices of Secretary
of State, State Treasurer, Attorney General,
State superintendent Senator or Representative
to Congress, (see sec. IL, chap. r. s. might
be filled by few local votes, without the "Or-
der" and "noticeS' prescribed by law being Civ
en-, while the great body Of electors Of the state
were ignorant of the election to fill such vacan-
cies, and even ignorant that such vacancies had
occurred. Establish such doctrine and what
are the benefits of the elective franchise What
to our liberties is the privilege OF the ballot box?
Why attempt to guard the purity of our elections
by wise and wholesome laws it they can be vi
oIated with impunity, or if the voters of the state
could thus be virtually DISTINGUISHED? IF the
absurdity of tho doctrine appears so palpa6le and
apparent when applied to our more important Of
fees, it is safe to apply the Same rule to the most
humble in the gift of the people-it is safe to
guard against all innovations touching subjects
of this vital importance to The stability OF in
situations.
An election in the manner prescribed by law
is the voice of the people, whose mandate must
be obeyed, bu, an election aside from those forms
is the voice or individuals merely, not as voters,
and if obeyed, tends TO anarchy.
These reasons show the Importance and ne
cessty of having the requisites Of TIE l4th and
18th sections above cited strictly complied with,
in regard to the order and notice for filling vaca-
ClcS W OS Hl1uS dLlt pdGl4odCu OG'OAO CISI-
ton.
By section l2S of chapter ! l of the Revised
Statutes, it is provided that this officer "within
30 days after receiving official notice of his cleo
ton or appointment, or within 20 days after the
commencement of the term for which he was
elected or appointed, shall execute and deposit
his official bond and take his official OATH" &c.
1t is incumbent on the person claiming that he
is elected to fill this vacancy TO show that his Of
fetal bond and oath were made, taken and depos-
tied cithin the 20 days after he received official
notice of his election. Has the relator done so
! The only witness who speaks on this point is
the clerk of the board of supervisors. He testi-
fes that he gave the relator the certificate of his
election "some time after the election, and as he
| believed in the month of December, but could
not say how long after his election, and could
not state within week or two Of what time it
was delivered"
1t further appears that his bond was rendered
! the 2Sth Dec but taken back again. That his
! official oath was taken and filed with the bond
January 6, 1851.
! Is this complying with the requirements OF the
Statute in these particulars
/ Had this election been in all respects formal
! and unobjectionable, would not the delay to file
the bond and take the oath of office until Janua-
ny 6, have operated as refusal TO accept the Of
/ fee especially as the presumPtlons from the
evidence are, that the relator received notice OF
! his election before the middle OF December, and
! that more than 90 days elapsed after he did re-
ceive notice, before he complied with the require
ments of the statute in referenceto his bond and
/ official oath.
Resides il is a matter that should not be left
to inference or loose presumPtions The relator
claims an Office He must show title TO IT.
He must show that he is within the time IN this
respect The onus is with him. From the doc
umentary evidence it appears that over so days
elapsed between the date of his certificate and
the Time of taking his official oath and dePositing
his official bond.
Had the relator been elected for regular
term" he would have been in time IN this res
pect, for that term would have commenced jan
uary i, 1851, bu, as he could not be elected at
the November election, 1850, for regular term,
{ he has failed to qualify within the time limited
by law for the purpose of filing this vacancy
A question was made 10 regard TO the validity
of Roonson's resignation. 1t Robinson Is not
out OF the office h. mus. be in il, and neither OF
these parties can be entitled to it, for Robinson
term is not vet expired. This question howev-
er deem not material so far as the parties BE-
/ fore me are concerned. The relator must rely
t~ G%