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

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 by the
proper authorities. Mr.. Gilman did not
think the point made by the attorney general
would stand, as it evidently only referred to
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 unorganized county the legislature may
provide for the return of votes cast in duly
constituted precincts through some other
county. Unless the legislature so provides,
there can be no legal vote in such precinct
or county. There must be SPECIAL en-
abling act; Big Stone county has no organi-
cation. 1t can make no return of votes di-
rect In the case of Kittson and other count
ties the same objection appears.
In the hurried examination I
have been able to make, I have
found no record of the organization of
Douglas, Otter Tail, Lake and Kanabec
counties. The returns come here purpors-
ing to be signed by the county auditors. If
there has been no organization there cannot
be such an officer, and the returns cannot be
received.
In support of his position Mr.. Gilman re-
ferred to the decision of the supreme court
OF August. 1873, in the case of n,andamus
proceedings to see il the officers OF Big
Stone were legally in possession of their Of
fees. The court decided the county had no
legal existence. and that the officers had no
legal existence, and their acts had no legal
force. The same rule applies in these cases.
If county is not legally organized, no legal
election can be held, and this returning
board, If returns from such source are
brought before it, must reject them.
Judge Flandrau supposed the board would
desire to take up the different issues raised
ard decide them separately. To act intelii-
gently and with promptness, he thought it
would be better to have an adjournment. to
give all an opportunity to read up and exam
inc into the facts. He then briefly took up
the point raised az to Douglas county, and
argued briefly that county having full set
of county officials, in the regular possession
of their Offices, and performing their duties
in the manner provided by law, was legally
organized. The other objections raised
seemed to him easy Of explanation, but he
would like little time to consider. The OBJ
ject of the law was that no elector should
be deprived of his ballot through error
in forms used, negligence, or even fraud
on the part Of officials designated to perform
certain duties in connection Herewith. The
board should so decide in these matters. If
technicalities are to be raised, let them be
brought before some other tribunal.
Consultation then ensued by the members
as to the adjournment, and the law was pro-
duced specifying that the canvass should bs
made within twenty days, which in that case
Of this canvass was the last day of grace.
The opinion was generally held, that the
board having convened and opened the re-
turns, as specified in the law, that the board
could legally take such time as was deemed
necessary to arrive at the result, but it was
finally decided to be on the safe side, to take
a recess to 7;3O, and 90 on with the canvass.