Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1880-01-02

! falr copies OF the isis OF votes shall bt
attested by the selectmen and towr
clerks of towns and the assessors o
plantations and sealed up in open towr
and plantation meetings, and the clerks
OF the several towns and plantations are
| to cause the same to be delivered into
the Office of the secretary Of state thirty
days at least before the first Wednes
day of January annually; and the
governor and council shall examine the
returned copies of such lists, and
twenty days before the first Wednesday
OF January shall issue summons ia
sucn persons AZ shall appear to be
elected by a plurality Of all the votes
returned TO attend and take their seats
So much for the constitution. Supple
mentary TO this the statutes provide
chapter 4, section 32) that in order to
determine the result of any election by
ballot, the number OF persons voted for
shall first be ascertained by counting
the whole humber of separate ballots
given in, which shall be distinctly stated,
recorded and returned. Blanks are not
TO be counted as votes, and votes for
persons not eligible to the Office shall
not be counted as votes, but the mum.
Der OF such blanks and the number and
names ON ballots for persons not eligible
shall be recorded and returns made
thereof. These provisions of the constr
tuition and the laws apply to cities as
well as towns and plantations, and i'm
pose upon them-that Is the municipal
officers-the duty of examining and
comparing the lists of votes gwen in the
several wards, of which the city clerk
shall make record, and return there
of shall be made in the came manner
as selectmen of towns are required to
do. Such are the plain and unmistaka-
bic provisions Of the constitution of this
state, and in the discharge of their duty
OF examining the returns and issuing
certificates or summons to the parties
appearing TO be elected, the governor
and council have not only endeavored
to follow both the letter and spirit OF
the constitution and laws made in ac-
cordance Herewith az indicated by their
own judgment. but the advice of their
duly appointed legal officer, aided by
the best legal talent in the state.
And here let it be remembered,
that the decision of the governor and
council is not final. The constitution
makes the senate and house OF repre-.
sentatives respectively the final arbiters
of the election Of their own members.
All the lists or returns which have been
conlided to the council are to be laid
before the senate and house of repre-
~ - hn of ~ n
January annually, aud they shall final
y determine who are elected. With
these directions and requirements be-
fore them, what IL the governor and
council required to do? To examine
these returns, ascertain their validity
and compare them with the provisions
of the constitution and the law. And
first, they must have been sealed in
open town meeting and in presence of
the selectmen, and by necessary impli.
cation must come into the hands of the
governor and council in that condition.
Secondly, they must be genuine returns,
coming from bona fide towns or planta-
tons legally constituted and organized.
Thirdly, they must be signed by the lie
gal officers of the towns-that IL, rs de-
cded by the courts, by n majority Of the
municipal officers of town or city
and certified by the clerk. Fourthly,
they must contain statement of the
whole number of ballots cast for the Of
iicers voted for and the Office for which
he was voted to fill. Filthy, the name
Of each person voted for, with the num-
Der of votes against hls name that were
thrown for him. Sixthly, the names of
the officers signing the returns must be
written with their own hands (as per iu-
dcia deoision; G8 Maine, page 5S7).
Applying these rules to the various re-
turns, n tabulation of the persons voted
for the different Offices with the votes
each has received determines the re-
suit. In the inspection of returns and
,abulation Of the same, which has just
been completed by myself and council,
1t has been on purpose To
apply to every return the same
rule to-wit: Compliance with the
requirements Of the constitution and
the law, without fear or favor; and il
the result M TO the political complexion
OF the legislature is different from what
was claimed by politicians interested in
influencing the elections in other states
II is owing in part TO the fact that the
claim was unfounded, and in part to the
carelessness of the municipal officers in
making their returns. The truth is, the
popular vote was against the republic
can party, and in the representative
and senatorial districts the vote was ex
tremely close. In addition to the fact
that several persons fail to receive theil
certificates III consequence Of fata
defects in the returns from their towns
or cities, there are others who would
have been presumably elected but fol
the carelessness of the voters them
selves or the ignorance of the candid
ates or those who provided ballots II
the elections. The judges of our su
preme court have decided that ballots
east for William II. Smith and w. II
Smith are ballots to be counted sonar
ately. Several changes have resulted
| from this condition Of affairs. In on,
county persons with rs many as foul
different combinations iii initials re
ceived the republican vote and two I'll,
democratic. That county was entitled
TO only one senator, and there was II,
/ ,,ltnrnnIn hpt IN ,t,sn Ibn narttnoutn l.,