The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1878-11-28


| In conclusion. Mr.. Flandrau said that tie
objections, stripped of all subterfuges and
| specons reasonings, were found to consist of
a few infcrmalities, that ought not in just
ance to yitiate the returns made. The sub-
stance, the voice of the electors was before
the board and it had no right to step in ana
say TIA. that voice should not be heard.
MR.. GILNAN's REPLY.
In his reply Mr.. Gilman stated that there
was no disagreement as to the duties of the
board. Their duties were merely ministerial.
But in the performance of this ministerial
duty they had got to consider certain facts.
When return was all right on its face,
signed by the properly constituted officers,
the vote must be counted. But the board
must know that the returns received are
from counties belonging to the district, and
if returns are received from counties outside
it would be their duty and they would no.
hesitate to throw them out. The board
must also know if returns received are from
legally organized counties. 1t is not asked
that any vote be thrown out for mere infor
mality. Our objections go to the fact that
the board is called upon 10 canvass votes it
has more legal right to receive than If re-
turned from Dakota county.
1t is conceded that Big Stone is not an or
gained county. Now if not organized what
authority has it to send its vote in here.
And It cannot send its vote to another county
TO be sent IN here unless attached to such
county fer legislative purposes. Counsel con-
codes there is no legislative authority for
Douglas to receive and return this vote. The
legislature never having conferred such au-
thority upon Douglas county. the returns SO
made cannot be received and canvassed by
this board. The argument of counsel that
because Of the appointment of county com
mlssioners with power TO appoint other
county officers the county is organized. IS
absurd. There must be specific Legislative
act to complete an organization. The
supreme court, IN the case of Big Stone,
has very clearly set forth the
difference between the establishing and
organization of county. The
act of establishing Il county means merely
the setting apart OF certain specified terri
tory TO be at some future time county. and
organization is q dedicatory act vesiIng in
the people the power to elect officers for the
governance of the county IN order TO make
al organized county there must be specific
legislative act. comforting upon the electors
residing therein certain rights ana privileges,
anu LO SIC1 ACT Gil DC lGOIO IA 1SlHlACt W
the counties objected to.
As to Lake county Mr.. Gilman said he
need say nothing, counsel having conceded
the points raised. Counsel also conceded that
kittson had no organization. lie might
with equal i1stice concede the same Of
Douglas and other counties named. No law
could be found for sending the return %
kttson to Polk. II might with equal an
thority have been sent to any other county
in the State. Counsel laws great stress upon
the point that all that is wanted Is to get TIE
votes in here. That's where the trouble
comes IN. The votes have been sen. IN. Int
not through the regular channels. that the
board does not know the legal from the dis
honest vote. That the board might he able
TO determine this, the law provides tina. votes
shall come 10 you n certain specified way.
Garry out the principal advocated by
counsel. and orr auditor ,aight
make the returns Tor the entire
State.
Mr.. Gilman then took up the lsanti county
case. The law says the auditor and two
Justices shall constitute the county canvass
ing board. Under the law the bcarc la not
created until three persons are called.
When created q majority Of the board can
act. If one IS for any reason absent. be
difficulty here is that the board never legally
existed. Further. person not recognized
BY the law az called III. and not only joined
in certify ing the returns up TO this board.
but IN canvassiug the vote. It Ii a principle
of law. announced time and time again III TIE
care of corporations that unauthorized per
sons taking part III the proceeding, vitiates
tae whole. The theory Of the law ~ that the
influence If an unauthorized party II such
case cannot he arrived at. and therefore tina.
the entire proceedings must lie annulleti.
So in this case. 1t IS impossible to tell how
the influence of this outside and unauthor
lied party WAS exercised. We do know
that returns favorable 10 Mr.. DonrelIy were
not returned from several precincts Of The
county. In brief. the face of the returns
show tha. an unauthorized person acted IN
making the CANVASS of this vote. The vote
il therefore VOID. and should h rejeotatSe
this board.
Now how do the returns from dennspin
comfy stand: 1t appssfs IT, ne oncsn OF
three voting precincts uD6Aoook week AMER
they had made thsie s.surn Of tho vote cast.
as proviasd BY - TO correct such return
The iav psside" that pfsesncs Iadses
of e,sc1iSa mus. procsed to canvass the vote
im..Gdistsly after closing the polls. and con
such canvas II fully completed and returns
thereof made TO tbs designated county board.
Is - well settled principal Of Law. decided
in numerous cases and ov our cwu cclrt
well. when Judge FIgnd-.u was on the
bench. that a canya-sin2 board having
made It's canvass and 81 oarned. il f.,ncf6gns
0ftcto. and from t1s- ag1e forth las no
more to do with s1ch re.ur1s than a1T other
citizen. 1t appears ins comfy heard under
stood tia law, for vhsl thsse supplemental
returns ware MADE t. them. they declined 70
incorporate them into their regular retura.brt
certified them nnan p separate shse. of payer
for the action ct fhis board. Tho reta-r Is
cIsariy uIaa..aosszed ard illegal. and should
% rejected.
Ano.her point. said nr. Gilman. There
il something a little siugaia- about tie fzct
that h,zass should be sgt CIT BY tse STATE
officers o1i:ta1g 2 space for the Co1gres-
siOnal VOC the rcost irnpcrtea. oefa-s to be
filed. IroDerased very dlssgtroasiv - Mr.
Don-eliv except n Minneapolis. from which
We hays this more than czest.ou-
able sr1spleInentsl Teturn. Is Suffered
heavIly il S.earns, Ie@ker. Isaati zrd 9th
e. counties. fully casetting Or. W2sn5-r1'T
noa-resuned vote n Eeuaspin countv. We
rasGe noeiors 70 get this lat vote Il after
the canvas By the precInr. judges Relieving
there v1 no authority sor H. and Te t-e-e-