River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1880-01-01

hall of the candidates names were
printed and on the next page the bal
ance of the names of the candidates
appear. We are fully satisfied that
that kind of ballot is clearly in vio-
lation of the letter and spirit of the
foregoing named statute, and they were
accordingly rejected in making our
tabulations. A protest was filed against
counting the returns from the town of
Cherryfield on the ground that the off.
GERS, who attested the return, were not
legal officers. The affidavits presented
with the protest establishes the fact that
not one legal selectman presided at the
making out of the returns and review
ing the votes. One of the selectmen
was foreigner and could not legally
hold the office of selectman.
The superior court have held that a
board of town officers, consisting of less
than three is not legal board. Acting
upon this opinion we have rejected the
returns from the town of Cherryfield.
This affects the election of one of the
representatives. The several protests
and aflidavits to support them were re-
ferred to us, asking the rejection of re,
turns on account of bribery and intimi-
dating of voters and on account of legal
defects in calling the town meeting; al
so on account of an improper check
list.
The copy of the record. presented to
us from the town OF Skowhepon, shows
that for the election in that town, only
one copy OF the warrant was posted
and the record does not show that one
was posted in the town.
Objection to the counting of the vote
of the city of Aburndale was made,
because the voters names were added
to the check list in three of the wards
in violation of the law while the voting
was going on on election day. Affida-
wits were filed fully establishing that
fact. Other afhdavits plainly show the
same conditions of things in other cities.
We consider these facts as not legally
coguizable by the governor and the
council as canvassing board, and we
have disregarded them. In our tabula-
ton we recommend reference of all
such papers to the legislature.
The returns from Portland are de-
fective because they do not comply
with the constitutional requirement
which provides that the names of all
the persons receiving votes shall be
stated in the returns. A large number
of votes were returned from said city as
scattering" and there was no possible
means afforded by the returns to de-
termine for whom such votes were
thrown.
The returns from the cities of Saco,
Lewiston, Bath and Rockland are fatal
ly defective, because they are not sign
ed by majority of the aldermen. I'm
der the statutes, and by a decision OF
ne court, such returns cannot be
anuN ated, and we have been obliged to
feecN them. 1t will devolve upon the
house of representatives to determine
in the first instance and finally who
have been elected to the house from
tEM cities, as we have no legal evil
denSe Nbefore us to determine that ques.
ton.
GOV. GARcELoN's LETTER.
To the Ptto!ic: kilograms and sugges.
tons having reached the undersigned
to the effect that Gov. Garcelon and his
council owe to the democracy of the
United States particularly,a land the public
generally, a full, explicit explanation of
exactly what they have done and why
they did it, herewith submit for gen.
eral information a, concise statement OF
the constitutional requirements in re-
lation to elections of senators and rep
resentatives IN this state, and the action
of the governor and council in the dis
charge of the duty imposed upon them
by that instrument and the statute law 8
in accord Herewith. The statutes reg
ulate the mode of the calling of meet
ings, but the constitution prescribes the
qualifications of representatives and
declares that the selectmen of towns
or municipal officers of cities shall pre-.
side impartially at such meetings, re-
ceive the votes of the qualified electors
present, sort, count and declare them
in open town meetings and in the pres
ence of the town clerk, who shall form
a list of the persons voted for, with the
number of votes for each person against
his name, and shall make fair record
thereof in the presence of the select
men and in open town meeting; and
fair copies of the lists ofAvotes shall be
attested by the selectmen and town
clerks of towns and the assessors OF
plantations and sealed up in open town
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 a summons to
such persons as shall appear to be
elected by q 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 theresult of any election by
ballot, the number of persons voted for
shall first be ascertained by counting
the whole Bumber 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 num-
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
we'll 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 a record, and return there
of shall be made in the same manner
as selectmen of towns are required to
do. Such are the plain and unmlstaka-
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 endeayoted
to follow both the letter and spirit of
the constitution and laws made in ac-
cordance Herewith as 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.
ALI the lists or returns which have been
confided to the council are to be laid
before the senate and house of repre-
sentatives on the first Wednesday of
oh al