The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1875-03-11
EDITOR OF GAzETTE.
Dear Sir.

Y
law and fact involved in the cases know
in this vicinity as the 'Yellow Medicin
election cases" and which arose out of til
action Of the board of canvassers of yellow
Medicine county, in csnvassing the vote Q
that county cast at the election held Nov
ember Sd 1874. At that election B. H
Monroe and Daniel F. Dibble were the on',,
candidates for the Office of Sheriff.
The election returns, as canvassed b,
the board, showed that B. II. Monroe re
ceived $50 votes, D. Dibble 23l votes, an,
D. +. Dibble 20 votes. at the same cleo
ton Ole O'Lende, X. T. Hazelberg and N
I. Hoxsie were candidates for the Office O
Treasurer Of Yellow Medicine county. TIL
returns showed that X. T. Hazelbere re
ceived 22l votes, N. T. Hoxsie So votes
Ole O'Lende 1879 votes, Ole Lende l6
votes.
The board Of canvassers saw fit to refus
in the case Of the sheriff, to add, to tn
votes cast for D. Dibble, the 20 other vote
cast for D. +. Dibblc.
In the case of the Treasurer the boart
refused to add, to the votes cast for Ole 0
Lende, the 165 other votes cast for Oh
Len1c. This method Of canvassing result
cd in the defeat of both Lende and Dibbl'
both Of whom obviously secured major
ity Of all votes cast in the county for tn
respective offices of Sheriff and Treasurer
The County Auditor, under the instructions
Of the canvassing board, delivered a certifi
cate Ct election to B. II. Monroe as Sheriff
and to X. T. Hazelberg as Treasurer.
The nature Of 4 certificate of election il
such that until the same is revoked by due
judicial proceedings, the holder is entitled
to take and hold possession Of the Office fol
which he holds certificate. Accordingly
both Hazclberg and Monroe at the prope,
time qualified and are now in the actual
enjoyment Of their offices.
Suits TO recover these Offices were com
menced by both Dibble and Leude, and
Judge Hanscome called special term q
the District Court for the sole purpose Of
trying these cases. Court convened last
month at Granite Falls and the cases were
tried but not then decided, Since then the
Attorneys for Dibble & Lendc have re-
ceived a decision in their favor. The effect
Of this decision, when formally entered
up, ill he to GUST the incumbents and to
put Lendc and Dibble into their places,
thus indicating the choice Of the people a:
the polls.
The decision involves number of points
Of great interest to the attorneys employed
in the cases, but will allude only to such
portions OF the decision as are of popular
interest. Foremost among these is this
proposition viz; that the
Courts, in this class of cases, will go be-
hind the action Of canvassing boards be-
mind the certificate OF election behind the
ballot box and the ballot itself, and in
luire into the very right Of the question at
ssue and will give the Office to that person
who received the most legal votes, and will
consider nothing as settled until a fair
count Of the vote has been had.
The Court also applies the now well set
led doctrine that ballots which are defec-
i've in spelling, which give only initials
instead Of the name in full &C., are good
md valid and must be counted, provided
the intention of the voter can be gathered
rom the ballots as explained by contem-
poraneous facts and circumstances of pub
lie notoriety. The intention of the voter,
in casting the ballot, which he did cast is a
question OF fact to be determined like all
,ther issues of facts, and extrinsic circum-
stances are admissible in explanation of the
ballot itself.
In the case OF Dibble and Monroe strong
effort was made 10y the counsel of the de-
endant, to throw out the 20 votes returned
as cast for D. F. Dibble on the ground that
the town of Yellow Medicine in which the
votes were cast, was in law no town, had
no legal existence because Of vital defects
in its organization, and hence did not and
could not constitute an election precinct.
The argument (based on the State constitu-
tion) was that in order to be entitled to vote
Il voter must reside in an election precinct
ten days before voting. This was not an
precinct, hence these votes cast by
thereof were not legal and valid
and should be excluded from the count.
The Court, however, took different
view of the subject, and without passing
upon the question of the legality of the Or
sanization Of the town of Yellow Medicine
held in substance that inasmuch as the so
called town of Yellow Medicine has been an
actual organized town, for seven years, and
the election Of last November was duly
held at the proper time and place by the
town officers, defacto, and in accordance
with the usual forms Of law, that the town
was an "election p, ecinct de facto" and the
voters therein could not be disfranchised.
This is the main ground of the decision
upon this point, but the Court also holds
on this connection land it is grim joke OH
Monroe who resides in the so called town
of Yellow Medicine) that one effect of hold
ing that the town in question has no exis-
tence in law, would he to render him
(Monroe) ineligible to hold any Office. In
this State no one can hold an Office unless
he is first voter himself. The position
taken by Monroe was that no one residing
iu the town in which he resides is voter.
If this is true as legal proposition then it
follows that no one living in that town
could hold an office. Monroe's views Of
the law as to the legal existence Of the town
was not adopted by the court yet, had il
been its direct effect would be to hoist
Monroe with his own petard. Should this
view ever obtain recognition in the courts
of this State, residents of the town of Vel
low Medicine will fnd it necessary, in or
der to enjoy the inestimable privilege OF