Little Falls transcript., 1880-01-16
The Village Election.
ANOTHER LEGAL OPINION.


To the. Incoming Village Co.mctf Of
the Village of Little Falls. y. ! e.
GENTLEMEN I'm answer to: your, re-.
quest for our opinion as to whether the
village election of officers bnthe follow
ing year on the 9th inek wassin conform
ity with law, and az to whether under.
Sec. 213, Chap. 10a ofthc Compiled; Stat.
utes, the failure of:tfte village council or
two Of its memperssto act as Judges of
said election invaliaated: the same, or
whether choosing judges for said cleo,
ton by vira ooce vote of the electors
present was contrary to statutes, we re-
spectfully state that we have examined
the subject and find that the manner in
which said election was conducted was
in stret aecon1ance aud in harmony with
|the requirements. Of the law governing
elections. Sec. 21s; Chap. 1O.C. S.. reads,
as follows: "After the first election of
officers the village council or any two of
them being present shall act as judges of
election" This provision is not manda-
tory in its terms, nor can it by the broad
est latitude of Interpretation be tortured,
into SUCH a construction. Mark: the
language, ''the village council or any
two ofthem being present." &c. 1t does
not command that they shall be presemtss
and. act as. judges, but being present
which is understood if they are present
ARE directed and must be governed
by Sec. 6, Chap. 1, of the Compiled
Statutes, and is as follows: "If any
of the judges of election Of any elec-
tion district fails to attend at the time and
place appointed for correcting said list
OF. holding any election, or if either of
said, judges asa o'.nadateatsu election,
or 7efsses~ to, act as Judge, the qualified
electors Of the said election district pres
ent shall choose, viua voce; some qualified
elector Of said election district to act as
Judge instead of such judges so absent,
disqualified, or refusing to act" Now this
statute is specific in its language, and
completely answers in the affirmative the
question raised respecting the legality of
said election It is general in its terms
;and brings within. its scope all election
districts, and:is >framsd to meet any op-
tingency relating to- judges that may
arise.
And here we are led toinquire, aehot is an
election distrists' Every organized town
ship is an election, district, and every
ward Of an, incorporated city, Sec, 2,
Chap. t, c.. S.; and '"the territory COM
prised' within the prescribed limits of
the village shall constitute one election
district only for the election of village
officers" Sec. 224, Chap. 10, G. s. Said
election was held for the purpose Of
electing village officers, and the two
members of the council present being
candidates for reelection. were disquali-
fled for acting as judges, and the only
means left was to proceed as they did,
uiua uoce, and. choose judges from: quail
fed electors present.
But the manifest intent of the law
under considerations too obvious to need
further comm snt, aud we have too much
faith in the wisdom, of our law-givers to
:insinuate the idea that they could invest
themselves with' d specious imbecility
blind enough to enact alaw that it, would
require infallibilityto execute: We will
only add that the election had was fully
within the contemplation of law, and as
to its legality there is not a question nor
even the shadow of doubt.
Respectfully submitted,
r, w. WALKER,
Attorney at Law