Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-11-26
The Third District.

The returns for the Third district reached,
the first envelope opened was that contain
ing the return from Aitkin county, at which
time Mr.. Gilman announced his appearance
for Mr.. Donnelly, saying he should desire to
examine many of the returns before the result
should be announced by the board, with a
view to objecting to the canvass in certain
cases for irregularities and other reasons
which would be stated at the proper time.
With this explanation the canvass proceed
ed until Big Stone was reached, when Mr..
Gilman objected to the vote being received
for the reason it was an unorganized county.
with 10 county officers, and no provision in
law had been made for return of votes for
Congressman. The supreme court, in case
recently tried, had decided it had no organi-
zation. Mr.. Gilman then went on to state
as general principle, that while the powers
of the board were merely ministerial, and it
could not pass in review the acts Of
other boards, and had the power and must
decide all questions raised as to the legality
of county's organization and questions Of
a similar import.
Attorney General Wilson asked if the law
did not recognize returns of election held in
unorganized counties if made through the
counties to which they were attached.
Mr.. Gilman-If so attached for election
purposes.
Some other desultory conversation was
had, when it was decided the board should
proceed, and that return objected to should
be laid aside to be disposed of after the can
vass had been completed of those to which
no objection should be made. Acting on
this agreement the canvass was proceeded
with, and the returns from the counties of
Big Stone, Douglas, Otter Tail, Isanti, Kama
bee, Lake, Kittson and Traverse objected
to for the reason of the counties
not being organized, and for other irregu-
larities, and the supplementary returns from
three precincts of Minneapolis, not contain
ed in the regular report, for the reason that
the judges when they made their supple
mentary report were fatncts0us o6icio.
During these proceedings recess was
taken from to O clock, the afternoon ses-
sion commencing with Otter Tail, which was
objected to.
After going through all the returns, the
objections were taken up, commencing with
Big Stone, in reference to which Mr.. Gilman
stated that two questions were presented.
One is that the county is not attached to
Douglas county, from whence the returns are
received, for election purposes. The other
is that Douglas county is an unorganized
county, and cannot make a legal return of
an election hold in its own limits.
Attorney General Wilson said his opinion
was asked in reference to Big Stone some
time previous to election, and he advised the
returns to be made through Douglas county
Big Stone was attached to Stevens for ju-
dicial, but not election purposes. On exam
nation of the legislative manual he found it
was grouped with Douglas and other coun-
ties for legislative purposes, Douglas being
the senior county in the district, on which
fact he had based his opinion. He had
never looked into the question now raised
that Douglas county he'd noslegal organiza-
ton.
Judge Flaadrau did not think it made any