The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-07-01

WMu VI toc Nity OF OF. raul, on the / lin
day Of May, A. ID. 1858, / think that I'M
til the court decides that certificate to have
been improperly given, the Board must ad.
nit him to seat.
Legislative assemblies always adopt the
rule that until the right of two or more per-
sons to contested seat is determined after
investigation, they will admit the one hay.
ing the certificate OF election. The rule is
founded in reason as well as necessity. Mr..
Sheehan has presented to the Board the
following certificate
OFFICE or REGISTER OF DEEDS,
Ramsey County. Minnesota. {
To all whom these presents shall come, greet
ing:
BE it known that in pursuance 10 law an elec-
ton was held in the second ward of the City Of
saint Paul, County of Ramsey on the llth dsy
OF May A. d., 1858, and that Michael Sheeham
was duly elected Supervisor for said Ward-all
OF which appears by the Poll Books in this
office.
Know ye. therefore. that the said Michael
sheehan is hereby declared duly elected Super
visor for said second ward, to serve as such as
Aforesaid.
In testimony whereof have hereunto set nv
hand and affixed the seal Of the Board OF COun-
ty Commissioners at Saint Paul Ramsey Coun.
w. this 18th day Of May. A. d. 1858.
=, EDWARD HERMAN,
Register Of Deeds aud Clerk Of the Board Of
County Commissioners.
Does this certificate show upon its face
that MIR. Sheeham has been legally elected
Supervisor for the second ward of the city
OF st. Paul by the people of the city.
think it does.
II Is objected that this certificate shows
that the only votes cast for Mr.. Sheeham
were cast in the second ward, and be was
not therefore elected by the people of the
city.
| am aware that it was not necessary that
the people throughout the wards should vote
for him to make his electian an election by
the people of the city.
IL Is the prescription OF law that public
officers always do their duty. And this
Board are to presume that opportunities
were afforded by the public officers to the
people to vote in all the wards. This being
the presumption, if they have neglected to
vote, they have authorised the voters in the
second ward to act on them, and thereby
made the act Of those voters their own.
1t is objected that the certificate may be
true and yet other pol-books sent in from
other wards showing vote against Shee-
ham may not have been canvassed.
l answer this cannot be so il is made
the duty of the Register of Deeds to can
vass all returns sent in to him. and we are
to presume he has done so.
Having taken the view that the Board of
Supervisors cannot inquire into the merits
OF this ease, but are governed by the certif.
cate OF the proper canvassing officer, which
has been given to Sheehan, it is my opinion
he should be admitted to the contested seat
until the right Of the matter is determined
by the proper tribunal.
Respectfully submitted
|. V. ID. HEARD,
June ~ 1858, Dist. Atty.
by Mr.. Emerson.
WHEREAS, That as there has been no Iega
election for Supervisors in the city Of st. Paul.
ana whereas, the senior Alderman OF each
ward IL made by law Supervisors; therefor
ResOIred, That Vim. Branch and VIM b. Nc.
Grorty be declared members of this Board, un.
til otherwise decided by the proper legal tribu
nal
The yeas and nays were called for and or
dered.
Those who voted in the affirmative were.
Messrs. Baker, Wolf, Clark and Emerson
In the negative, Messrs. Mclean, Davcrn
and Lambert. So the resolution was adopt
ed. To which Mr.. Davern objected on the
ground of having no reliable information as
to how many and who were entitled to seats.
A committee on credentials was appoint
ed, composed OF Messrs. Emerson, Clark
and Mclean, who reported the following
names as members of the Board
n. Mclean, Martin d. Clark, j. 8. Lam
bert, ID. A. j. Baker Vim. Davern. G. l..
Emerson, VIM. Branch, VIM. b. McGrorty
aud VIM. II. Wolf
by Mr.. Emerson.
Rtsoirsd, That the Clerk Of this Board he di.
rected 10 give free access TO the committee ap-
pointed by this Board or persons employed by
Them, to all books papers or vouchers in his
hands, belonging To the county of Ramsey and
to give all necessary assistance in the examna.
ton oil the proceedings and accounts OF the
Board OF County Commissioners Of the said
county Of Ramsey.
Tn motion OF Mr.. Baker, building COM
mittee Of three was appointed to confer with
MIR. klddell, the Jail contractor, and have
some cells put in order in the new building.
Messrs Lambert, Branch and Emerson
were appointed said committee.
The matter as who are the legal assessors,
whether the district or township, was reterr-
ed to the District Attorney.
By Mr.. Emerson.
Rssoirsd, That the Township Assessors be
requested to go on and complete their roll. and
that the Clerk shall furnish them the necessary
blanks, Ss.
Maj. Furber submitted a verbal report Of
the state OF the Poor Farm while under his
change, and on motion. committee Of three