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


vassed in very brief space of time. The
results appear elsewhere, and as will be seen,
do not differ materially frem the announce
rnents heretofore made in the GLOBE.
The Third District.
The returns for the Third district reached,
the first envelope opened was that contain
ing the return from Altkin 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 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 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 a case
recently tried, had decided it had no organi-
zation. Mr.. Gilman then went on to state
|
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 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.
MIR. Gilman-f SO attached for election
purposes.
Some other desultory conversation wes
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 aud Traverse objected
to for the reason of the counties
not being organized, and for other irregu-
laritiee, and the supplementary returns from
three precincts of Minneapolis, not contain
cd in the regular report, for the reason that
the judges when they made their supple
mentary report were .functious oGicfo.
During these proceedings a recess was
taken from l to 9 o'clock. the afternoon ses-
sion commencing with Otter Tail, which was
objected to.
After going through all the returns, the
objections were taken no. 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 legal return OF
an election held in its own limits.
Attorney General Wilson said his opinion
YVES asked in reference to Big Stone some
time previous to election, and he advised the
returns to be made through Douglas county
Big Stone IVES attached to Stevens for ia.
dicial, but not election purposes. On exam
nation OF the legislative manual lie found il
was grouped with Douglas and other coun-
; ties for Legislative purposes, Douglas beine
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 bad no legal orgauiza
ton.
Judge F,andrau did not think il made any
difference whether all the forms hao
; been followed in the organization, so Ions
"a it had the regular county Official:
provided under the laws. and those officials
and their acts had been recognized by the
proper authorities. Mr.. Gilman did no,
think the point made by the attorney genera
would stand. al i: evidently only referred e
/, 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
an unorgsnized county the Legislature ma,
provide for the return OF votes cas-. in duly
, constituted precincts through some othel
county. Unless the Legislature so provides
: there can be no legal vote in such precinc,
or county. There must be a special en-
f abiing act /: Big Stone county has no orgzni
; zxtion. II can make no return Of votes di
rec. In the case of Ki.tson and other count
ties the same objection appears
In the hurried examination
have been able to make, have
found no record Of tie organization o,
. Douglas, Otter Tail. Lake and hanAbys
, counties The resarss come here puxpgEt-
. ing to be signed by the county a0Glz1sgA n
: there has been no o.gaoizAssoa thor0 onnne!
received.
In support Of hs positipD n. Gilman -
ssrrsd 90 he dsrinieo - IL supssno coof'
Of Aurusx lSS1sn IL 60 q Dandsmo.
. urocesdiaug 10 - Il H. o6kcsn Of Biz
. Skpns Tefs Ieenlly il poisson OF their o..
> ncesL Ths ocart decided TIE county had II
| leual existsncA and tnst the officers had ID
. | legal exis1eOce. and their acts had RIO leea
force. TIE SAME rule auplsss in these cases
; If county is no. Legally organized. 10 .sgs
|. election can BE- hsld. AMI this rasE-ninl
/ board, if returns FROM s1ch a soGrce a.,
b-os,,ht before il, u1ss reset tAe-a-
Jg.i,s E.sn5rsu supposed he board woais
desire - take up the different issues raised
: a-,d decide them separately. To act inselli
: Gently aud with prompza1ss. he thought r
would be better to have an adjournment b
olive al an opportunity to read up and exam
me into the facts He then briefly took CT
, ths mint raised - to Douglas county, an
: arpned hwisay that > county having : fun -
/ of county oGlGinla, II ths regular poassasioa
: a 49, oacss, ~ performing thair d1tia