Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-01-06

satablishsd By Law the nanbss a l6l.
majority, that 10 seveoty, six members, con-
slilutes : quorum to do business. II there
10 actually that number present, and the
msiori,y then, that 10 thirty .nine members,
vote In the Affirmative . valid Law can there
By 30 enacted or other buainess transacted,
II lea Than aeventy-six members are present,
then no business can be done except to ad-
journ or compel the attendance Of the ab.
sent members. This 10 . familiar Law and
illustrates the principle applicable to the
alderman of the cities, and shows how and
Why . return signed BY less than q majority
of the whole number may be, and 90 far "a
the governor and council are concerned is,
conclusively presumed to be valid. They
have no right to 20 behind the returns.
Question 4. IL . return BY the aldermen
Of a city which does not give the number nj
votes cast for each per.on voted for 81 mem.
Der Of the legislature, and does not show
what persons were voted for rs such mem
bers in any one of the several wards of such
CITY, . valid return within the requirements
of the same section?
Answer. We are not sure that We: COM
prehend the full scope of this question.
Our answer will meet all of its supposed
purposes. It is immaterial whether the
aldermen returned to the governor and
. detailed vote of each ward sepa-
or whether they returned the result
of all the votes Of all the wards for each
together. Either mode il a satls-
way of reaching the same result.
The substance only is sought for in such
matters. Nor ia it a material matter that
of returning all the names of the
persons voted for there is a return Of the
votes as scattering, provided, that, however,
such votes may be added or substracted.
Some candidate or set of candidates appear
to be chosen BY a plurality of the votes
and the governor and council cam
not officially know, nor have they the right
to ASCERTAIN that the votes returned as scat
tering we're not actual ballots, with the
word scattering written thereon, nor is
the election of candidates to be chosen by q
plurality of votes to be defeated because the
whole number of votes or ballots may be
stated erroneously, or not stated al all. The
constitution contalns no such requirement
and the statutory provisions requiring it is
entirely unimportant aud inapplicable to
cases where a plurality of the votes elects.
1t is q we'll settled rule of the constitution
that where the general terms of the statute
embrace several subjects, but are found to
be practically applicable to some of the
subj ecta, and not to the others, it ia to be
construed as embracing those subjects only
to which it is practically applicable.
Question 5. Are the returns from towns
cities which are not attested by the town
or city clerk valid within the same section ?
Answer. The returns from the towns
and cities which are moi attested by town,
plantation or city clerk are not valid. The
a%ttestation of . clerk is prerequisite to any
action of the governor and council in count
ing the votes, 10Th Name 58S). II, howev-
or, the clerk should be absent, a clerk pr.
tenapore may be chosen, or . deputy clerh
may be appointed under the statute of 1877
aud the amendment thereof BY the oct O
1874. The returns of such clerk pro tempo
re. or deputy clerk, are to have the sam,
force and effect as II stgned by the clerk.
Question g.. Have the governor and couu
Gil the right to reject the returns of tn
election of members Of the legislature re
quired by the same action from the officer
Of towns which was not made. signed o
sealed up in open town meeting!
Answer. The governor and council mus
act upon the returns forwarded to the secre
tary Of state If they purport to be made
signed and sealed up in open plantation o
town meeting. They constitute q basis O
the action of the csnvass,ng hoard. N,
provision is found in the constitution or il
any statute Of this state BY virtue of whic|
they would be authorized to receive evi
dence to negative the facts therein set forth
They, therefore, have nc such power. Th
statement of the municipal officers is 10 tha
respect conclusive.
Question Z. Is q return of two person
purpOrting to be the seiectmen of a tow,
valid and sufficient evidence of the vote O
the town, when 1t appears they we're at ,h,
time of the meeting at which the election
was held, but two seIec,men of that town
Answer. When a majority Of the select
men are absent from the meeting for cleo
ton pur poses, or being present, neglect O.
refuse 10 act as such, and to do all the dutie1
required of them, the voters at such meeting
may choose 40 many selectmen pro temper,
as are necessary to complete the humber
competent to do the duties. Revised stat.
utes-C. 4, section 20.) In case of the death
or removal of all the selectmen two
would be sufficient and competent to act
The inquiry is: If the return would be valid
when there should be but two selectmen at
the time of the meeting at which the cleo
ton was held, If the other selectman hac
deceased prior to the meeting the survivors
might act, and their action would be legal
But the canvassins board are to be governed
BY the returns. The evidence would not be
admissible to prove the fact that there were
but I've selectmen Of the town. The cover
nor and council cannot officially know that
there are only two.
Question 8. Can a person who is not a
citizen of the United States at the time be
legally elected or constituted a selectman O,
q town?
Answer. A person not q citizen may be
or constituted a selectman so tina
his official act binds the town, and are valic
80 far IS they affect the public. Such al
one would be an officer de tacto and clo.hsc
With apparen. right. His acts would bine
the town. diane vs.. Derby "a, Maine 95)
An officer de tacto is one who comes into Ii,
Office by the color of legal a%ppointment n