Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-11-26
Erenin1 Session.

w nen Jne DOafo recOnVeneQ TOT the even
ing session quite goodly number of Repub
lican leaders were present, interested and
anxious witnesses of the scene. The board
called to order, Judge Flandrau proceed to
answer the objections advanced by Mr.. Gil
man as set forth in the afternoon proceed
ings. In the first place he said that the
powers of the board were purely ministerial,
with no power to exercise judi
cial prerogatiyes by review of
the acts of precinct boards, but they must
take the returns as they come before them,
and if found correct upon their face they
must be canvassed. The object Of the can
yass was to arrive at the number of votes
poiled. On this point he read authorities,
including decisions of our own courts, in
defense Of his position.
Judge Flandrau then took up the obiec-
tons made in their regular order. The first
objection, he said, was to Big Stone as being
an unorganized county, and that the return
Of votes polled had been
made to Douglas, also an
unorganized county. Unorganized counties
are empowered to make returns to counties
to which they are attached for election pur-
poses. Big Stone. with Douglas, Grant,
Pope and Stevens, composed the 39th legis-
lative district, and Douglas being the senior
county in the district, the returns of Big
Stone we're made to that county. Mr.. Elan
drau then read from the statutes to show
that Douglas county had been duly organ
lied by the appointment of county commits
sioners, with authority to appoint all other
officers included in a regular county
organization to hold their respective offices
until their successors were elect
ed and qualified . Such proceed
ing constituted organization, and that had
been fully carried out in the case of Douglas.
The supreme court decision in the case of
Big Stone, cited by opposing counsel, cover
ed an entirely different point, and did not
apply to Douglas.
Referring to the point made by MIR. Gill
man, that Big Stone was only attached to
Douglas for legislative election purposes, Mr..
Flandrau said that there was no specific pro-
vision in the State law
governing elections for Congress
men, and that in consequence such elections
must be governed by the general provisions
of law applying to State and legislative cleo
tions, and that under such construction Bi g
Stone was clearly attached to Douglas for
election purposes. The other counties OBJ
iected to as being unorganized were gov
erned by the same general principals Of law,
and must be considered by the board in the
same manner.
Judge Flandrau then took up the objec-
lions to the reception of the supplementary
returns from Hennepin county. He argued
that the returns were made by the proper
officers, were properly before the board, and
should be canvassed the same as the other
returns from that county. No charge of
fraud had been made, but simply that the
State officers in sending out the blanks had
failed to provide a space for the vote for
Congressman, by which the local canvassing
board had been led into committing an
error by emitting that vote. Such ques-
ton carried into court, would be settled
instanter, by going behind the returns and
ascertaining the true vote and declaring it.
This board cannot 60 back Of the returns,
but when it has the evidence of the proper
officers before it that such vote was legally
cast, in compliance with the law, it is its
duty to count such vote, Notwithstanding
the fact of Irregularities.
Taking up the case Of Isanti county, he
said objection was made that the return was
not signed by the proper officers. The
county board consists of the auditor and two
justices of the peace. The return received
IS signed by the auditor, a justice of the
peace and judge of probate; According to
the statutes majority Of the board can act
in such cases. A majority did SO act in this
case, and the fact that the judge of probate
signed with that majority, or if any other
person had so signed, does not vitiate theact
of the majority.
In the case of Kanabac county it is OBJ
jected to as being unorganized. Kanabac
o. 1co.7c3