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


The returns for the Third district reached.
the first envelope opened was that contain
ing toe return from Altkin county, at which
! time Mr.. Gilman announced his appearance
for Mr.. Donnelly, saving he should desire to
! examine many of the returns before the result
should be announced by the board, with a
view TO Directing 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 an unorganlzed county.
with 10 county officers, and no provision IL
law haa been made for return of votes for
Congressman. The supreme court, in a case
recently -ried, had decided 1t had no organl-
! zation. Mr.. Gilman then went on to state
as q general principle, that while the powers
of the board We're 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 q county organization and questions Of
a similar import.
Attorney General Wilson asked il the law
did not recognize returns Of election held IN
nnorganized counties if made through the
counties to which they we're attached.
Mr.. Gilmaa-If so attached for election
purposes
Some other desultory conversation was
had. when it was decided the board should
proceed, and tcGt return objected 10 should
be laid aside to be disposed of after the can
yass had been completed OF those to which
no o. lection 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 aud 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
81 in the regular report. tor tie reason that
the judges when they mace their supple
mentary report were fiprtl0uS oticfo.
During these proceedings !. recess was
taken from TO = clock. tie afternoon ses-
sion commencing with Otler Tail, v lcn was
/ objected to-
After going through all the returns, the
! objections were taken uo. comm nclng with
| Big Stone. IN reference to which Mr.. Gilman
! stated thai. tro questions We're presented.
One is that the county is not attached to
Douglas county. from whence the returns are
received. for election purposes. The other
i that Douglas county Is an uaorganized
/ county, a1C cannot make legal return OF
an election h.ld in is 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 he made through Douglas county.
Big Stone WIS attached 70 Stevens for il
dicial, but not election purposes. On exam
nation OF the legislative manual lie fonud it
was grouped with Douglas ard 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 nov raised
that Douglas county had no legal orgaDiza-
ton.
Judge F,andraU did no. think i. made any
difference whether all the forms had
been followed in the organization. SO long
as it had the regular county officials
provided under the laws. and those officials
and their acts had been recognized bv the
proper authorities. Mr.. Gilman did not
think the point made by tie attorney general
would stand. "a i. evidently only referred 20
Legislative Offices. Returns for Presidential
electors. state officers and Congressman.
must be made direct TO this board through
the legally delegated officers. In the case of
al uuorgsnlzed county the legislature Tnav
provide for the return ot votes cas-. IN duly
constituted precincts through some other
county. | Mess the Legislature provides.
there can be 10 legal vote in such precinct
abiins act Big Stone county has 10 orgsni-
zs.ion. II can make no return of votes Ill
rec. In the case OF Ki.tson and other count
ties the same objection appears
In the hurried examination
have been able 10 make. have
found no record of tie o-saa.za. ion OF
Douglas. os.sr TAU. Lake and NAnAiuS
counties The reta-Hs come heEe p1zp0rt-
:ay - De signed by the couuiv aadztDrs- II
there has been no organization there cannot.
- such All officer, and the returns cannSs Dc
received.
II support OF his position M. Gilman re
ssrrei TO the decisi0u & the supreme coart
q August. 1S-S. "a ths cass Of msusisun1s
procsedi0<s to $50 If the officers of Biz
Stsss were legally in possession o. taeir OF:
u ices The coart decided TIE eouutv mad 20
legal existence aDa t;-At ta- otEcsss, hs.i 10
LEGAL existence. aud tse1r acts h4l 80 legal
force. TIE sa-ae rule aupisss IN these cases.
II county : 10. l-ga.s o-gaaiz-Si. 10 ,scss
( election can D. I'D. anI this .stz-ll.1A-
hoard. II returns from ss.cA q Soa1Ce AZ
brought before il, uaGss -ejec- .1erl-
Jsty- Fssa3rau supposed lie board vrDala
desire :, take M the different issses Tsised
s-.i decide them ss-1araes4F- To &es ilseili
eser-lv and win prumpeless- he thought Il
,voul5 be better TO have an Adjournment to
give all al opportunity to read up and exam
me into the facts He then briefly toox CD
the poius raised as to Doug;ss county. and
.rvasd byieiy that . county having full set
| of county officials. in the regular POSSESSION
Of their o:6cea. and performing their duties