Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1880-03-19
The Green Prairie Returns.

= The election returns from Green Prai.s
RE have been the subject Of some COM
ment during the past week. A. stated
in the Transcript last week, these re-
turns had no date, and the name Of the
township, county and State were also.
omitted, and the canvassing board con.
sidered them too defective to be counted.
The canvass was held on the second day.
after the election, and there are serious
doubts as to the validity Of the canvass.
The county auditor says that he is will.
ing to have another canvass, but does not:
think there is any legal way to have it
unless there is an order procured from,
the district court directing, that another
canvass be had. As the issue Of bonds
to aid in the construction of the Little
Falls g. Dakota railroad depends upon
the result of the election, it is very i'm
portant that everything connected with
the election should be near enough to the
requirements of the law to prevent the
defeat of the will of the people on mere
~ legal or technical grounds. The can
vass, with Green Prairie out, shows
majority of twenty-six in favor Of the is
sue of bonds to aid in the construction
of the railroad; but if the canvass itself
was illegal, no bonds can be issued I'M.
less an appeal is taken to the district
court within twenty days from the day
of election. The law specifies that the
judges of election shall deliver the re-
turns to the county auditor within five
days from the day of election. A legal
canvass of the returns can be had in less
than five days from the day of election,
if the returns are in from all the voting
precincts, but not otherwise. The law
also provides that no returns shall be re-
jected by the county canvassing board
on account Of any informally in making
such returns, if there has been substan-
tial compliance with the election laws
When defective returns are found by the
canvasslng board, if they are not too de-
fective to be officially recognized by the
board, they must be counted. That is,
if the board officially recognizes them as
being the returns from specified voting g
precinct, such returns must be included
in the count. The only way the board
can escape the duty of counting them is
by refusing to recognize them as the re-
turns from any specified voting precinct
In the case now under consideration, the
canvass was held the second day after
the election, and the canvassing board
found defective returns from Green Prai-
rie. If they officially recognized such
returns, the law would make it their i'm
perative duty to count them. If they
did not officially recognize such returns,
tie law would make it their imperative
duty to Immediately adjourn to day
after the expiration Of the five days al
lowed judges Of election to make their
returns in. That is our view of the ques-
ton. The canvassing board doubtless
acted in good faith, and desired to do
their work legally and honestly, but we
believe that an error was made as to
their duties under the law. William P.
Clough, of st. Paul, the attorney of the
Little Falls & Dakota Railroad compa-
ny, will be in Little Falls next week, and
will examine the case and take such
action as may be necessary.