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

t00 OWtDolOu VI 0euCtSuCy % nearly o0Q -
correctly - msy be. Such 10 the purpose
OF the statute. 1t 10 competent for the
governor and council 70 allow an erroneous
return or one that 10 inforn,sl or defective
70 30 aided and corrected by an attested
copy Of the record, q BY statute provided
The object of the constitutional provisions
respecting the elections 10 TO furnish as
many safeguards "a may b sgainst failure,
either through design o. mistake, correctly
to ascertain and declare tho will of the PEG
pie % expressed In the choice of their
officers and legislators. Hence the require
ment that not only shall the returns be
made on the spot In open town meeting
but . record of the vote shall be made al
the same time and authenticated in like
manner. II By accident or willful neglecl
there 10 an error or omission 10 the return
what can be safer than to refer to the dup
llcate statement of the record to correct ii
This. the statute of 1877. allows to be done,
and while the language 10 permissive it ia liz
within the we'll known legal rule tha,
when public rights are concerned it shall.
be construed as mandatory-a command
clothed 10 language of courtesy-so cloth
ed because 1t could not be doubted that the
high and honorable officials would unhesi-
tatiDgly avail themselves of all the lawful
means to declare the result of the election
according to the actual facts. In obedience
to the fundamental principles OF popular
government, the governor and couacii are
bound By the statute-it 10 mandatory up
on them-it imposes 9 duty 10 the pubic
that must be performed. Whether the acl
referred 10 contravenes the constitution 10
allowing the oral evidence to be re.
ceived to show the intention of the voter.
IN casting their votes 10 another part of the
statute which We are now called upon to
consider. II unconstitutional in the latter
respect that would not affect the cous,i,u.
tionality of the other separate and indie.
pendent provisions.
Question 8. Is . return signed by less
than = majority Of the selectmen of q town
or the aldermen of city valid within the
requirements of the same section?
Answer. To this question We answer
that, while . town may legally have as
many az seven selectmen, the we'll known
is to elect only three, and in such
cases a return to be valid must be signed BY
majority Of them, because by no posslbii.
ty can . less number constitute . legal
quorum. But the rule is otherwise With
respect to aldermen of cities. Most Of our
are required by Law to have Is many
y seven aldermen and none of them, We
has leas than Eve. To constitute 4
quorum, it is only necessary 10 have a ma
ority of the whole number present, and
when such quorum is present . msjority of
he quorum may do business. Supposing
he number 10 be seven, four would consti-
. legal quorum and three being .
mai ority Of that quorum could legally act,
although the fourth should refuse I join
hem, OF should oppose their action. Con-
.equently If q return from q city having
i've or seven aldermen 10 signed by three Of
hem it may DO q valid and legal return
because only four may have been present,
md in such case there "being those PRESENT.
could legally act, though the fourth should
oppose their action and refuse to Join them.
When such . return is laid before the gov.
ernor and council they cannot know, and
they have no right to assume that the return
is not valid. 1t is the duty of the aldermen
10 be in session and examine the ward
returns, compare and declare the votes, and
Of the clerk to make record thereof. From
that record, . certified copy Of which is re-
turned, the Law presumes that . quorum Of
The aldermen was present. The Law with
respect to quorum and msjorities is correctly
stated in s Danes abridement, $50 and /
Dillon's municipal corporations, sections
PIG and 2l7. In the latter work it IL said
in bodies composed Of . definite
sumber, action By the majori,ies
Of those present, provided those presen,
constituted . majority of the whole number
-or, 10 use Mr.. Danes illustration If the
body consists Of twelve councilmep. seven
70 the least number that can constitute Z
valid meeting, though four Of the seven
nay act-and 20 far a Ne are aware the
Law il 90 stated in substance BY all ancient
and modern authorities. The rule ,pplica
Bile to such cases 10 similar to that which
applies to DOR house Of representatives Al