Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1880-01-09

be in session, and
and declare the votes, and of the clerk
TO make a record thereof from that
record, certified copy Of which is re-
turned. The law presumes that n quo
rum Of aldermen was present. The
law with respect TO quorum and major
tiles is correctly stated IN D, Davis
infringement, $50, and |, Dillon's Mu.
nicipal Corporations, sections ZIG and
2l7. In the latter work it il said
that bodies composed Of def
mite number act by majorites.
Of those present, provided those pres
ent constitute majority oi the whole
number, or TO use Mr.. Davis ilustra-
ton, if the body consists Of II council
men, 7 Is the least number that can
constitute valid meeting, though 1 Of
the z may act, and so FAR MS
we are aware, the law is so
stated III substance by ancient
and madern authorities. The rule
applicable TO such cases, is similar to
that which applies to our house Of rep
resentatiyes. While the number Of
representatives established by law is -,
maiorlty--that il rs members con.
stitutes a quorum TO do business and a
maiority Of lhem-that il 80 members
49, voting ia the affirmative, n valid law
can thereby be enacted or other BUSH
ness transacted. IT less than 70 mem
beers nie present then no business can
be done except TO nd ourn or compel
the attendance Of absent members.
This is familiar law and illustrates the
principle applicable to aldermen of
cities, and shows why and how II return
signed 10y less than majority
Of the whole number may be
and 80 far as the governor
and council are concerned Is conclus-
lively presumed to be valid. They
have no right to 60 behind the returns.
Question 4-ls return by the alder
men Of q city which docs not give the
number OF votes cast for each person
voted for Ms member Of tho leglsla.
ture, aud docs not show what persons
were voted for NJ such members in any
one of The several wards Of such city, n
valid return within the requirements Of
the same section?
Answer are not sure that we
t1IIl IItllBHu lllt lull NtDDC vi billN ltifN-
ton. Our answer will meet NIL Of it's
supposed purposes. IL IS immaterial
whether the aldermen returned TO the
governor and council the detailed votes
of each ward separately or whether
they returned the result of all the votes
Of all the wards for each candidate TO.
gether. Either mode ~ n satisfactory
way of reaching the same result. The
substance only il sought for IN such
matters; nor il ii " material matter
that instead Of returning all the names
of persons voted for, there is u return
of votes M scattering" provided,
however, that such votes may be added
or substmcted. Some candidates or
set OF candidates appear TO be chosen
by plurality OF the votes thrown.
Tho governor and council cannot OIL
ciully know, nor have they u right to
ascertain That the votes returned NJ
scattering" were not actual ballots,
with tho word scattering" writ
ten thereon; nor the election
Of candidates to lie chosen by
plurality, no vote to be defeated be.
cnlse the whole number OF votes or
ballots may be stated enormously or not
stated ut all. The constitution contains
no such requirement, and the statutory
provision requiring il is entirely unim-
portant and lnappltcable to cases where
the plurality of votes elects. It is
well settled rule Of construction that
where the general terms of the statute
embraces several subjects, but IRE found
to be practically applicable now 10
some Of the subjects and now To others,
it il 10 he construed as embracing those
subjects only to which IL is practically
applicable
Question 3. Are the returns from
towns and cities which are not attested
by the town or city clerk, valid within
tho Same aeclionY
Answer Returns from towns and
cities which are not attested Ivy the
town, plantation or city clerk, arc not
valid Tho attestation Of the clerk is
requisite To any action Of tho governor
and council in counting votes, (6S
Maine, 5sS). If, however, the clerk
should he absent, u clerk pro hmpon
may he chosen or deputy clerk may lie
appointed under the statute Of 1877,
CHI. II, and the amendment thereof
BY the act of 1874, CHI. l59, returns Of
such n clerk pro tempow or deputy clerk
arc 20 have the same force and effect ~
if signed by the clerk.
Question 6-lIaye tho governor and
council the right to reject the returns
of tho election Of members of tho legis-
lature, required by the same section,
which were not made, signed or sealed
up i'll open town meeting.
Answer-The governor and council
must act upon the returns forwarded to
tho secretary of state, if they appear
to I've made, signed and senled M
in open plantation or town meeting.
They constitute the basis of action Of the
canvassing board. No provision is
found III ltho constitution or in any
statute Of this state by virtue of which
they would be authorized
to receive evidence To nega-
tive the facts therein set
set forth, They therefore have no such
power. Tho statement Of the municl-
pal officers is, in that respect, conclu-
.4..