Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-01-02
Adj Gen, Leavi,t from here consists Of 100
rifles, two bales Of ammunition and twenty
boxes of cartridges.

NHy'SsVuf ALSAVttS lrOW ueId C0nslStA oil III
rifles, woh bales OF ammunition and twenty
} boxes of cartridges.
II GOVERNORS QUESTION
II IL known at . late hour tonight thu
Gov. Garcelon and the council have conclu
ded the preparation OF u series OF questions
to be submitted to the supreme court, hav-
ing worked upon the matter all day. l. is
Understood mat the number of questions
submitted to the court is about a dozen.
The following are The questions ;prc-
pounded by the governor To tho supreme
court and sent TO the chief Justice to-
night:
l. When the governor aud council de-
eide That there is no return from a city in
which representatives can be summoned To
attend aud take their seats in the legislature,
ts 1t their duty to order q new e%lectlon, or is
1t competent for the house OF representa-.
tives. 1t 1t shall appear that there was an
election OF such representatives, to admit
them to seats, though no return thereof was
N de and delivered into the office OF the
secretary of state?
2. Is 1t competent for the governor and
council to allow the substitution of other
evidence Ia place OF returned copies OF such
lists as are provided for In article 4. part /,
section 5, of the constitution TO enable them
to determine what persons appear to be
elected to the legislature by a plurality of
the votes returned?
5. Is a return signed by q majority Of the
selectmen of o own or aldermen of u city
valid within the requirements of the same
section?
4. Il a return by the aldermen of a city
which does not give the number of votes
cast for each person voted for as a member
of the legislature, and does not show what
persons we're voted for as such members in
any one of the several wards Of such city, a
valid return within the requirements of the
same section?
5. Are the returns from the town or cities
which are not attested by the city clerk
valid in the same section?
6. Have the governor and council a right
to reject the returns of election of members
Of the legislature required by the same
section from the officers Of the towns which
were not made, sigued or sealed up in open
Town meeting?
Z. Is a return of two persons purporting
to be the selectmen of a town valid and
sufficient evidence Of the vote of a town
when it appears that there were at the time
of the meeting at which the election was
had but two selectmen of that town?
s. Can a person who is not a citizen Of
the United States at the time be legally
elected or constituted a selectman of a town?
8. Ii a ballot has a distinguishing mark
in the judgment of the governor aud couu-
Gil, such as would make it illegal under
the statute, have they authority to disre
gard it in their ascertalnment of what per-
sons appear to be elected, where it appears
by the official return of the officers of the
town that such vote was received BY the
selectmen subject to objections, and its lie.
gality referred to the governor and council
for decision?
10. If the names of persons appear in
the returns without any number OF votes
being stated or carried out against them
either in words or figures, is it the duty Of
the gosernor and council to treat those per.
sons as having the same number of votes a:
another person received for the same office
and whose name ia placed first in tie re
turns, if they find dots under the figures
or words set against such other parson's
name?
IL. Have the governor and council the
legal right to decide what kind of evidence
they will receive and what the mode O
proceeding before them to determine the
genulneness of the returns required by the
article and section of the constitution above
mentioned?
-. If the governor and council have
before them two lists of votes returned from
the same town differing materially from
each other in the number of votes return, d
as cast for the same persons, but Identical
IN all other respects. both having beer
duly received at the secretary's ofice, and
they have no evidence to enable them to
determine which is the true and genuine
return, are they required to treat either OF
them as valid, and IT 40, which?