Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1880-01-09
Was it Il Valid ELECTION Z
THE VILLAGE ATToRNEY's OPINION.

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Leon Houde, President; o. "a Church
i'll, Recorder, and Peter Medved, Trustee,
of the village Of Little Falls: ). .ssgsy1%.a.
Gentlemen:--I am in receipt Of your
favor asking my opinion las to the legal
ity of the village election Of officers for
the ensuing year on the 9th inst, and
particularly as to whether it is necessary
under the law for two members of the
village council to act as judges at said
election, or whether their places maybe
legally filled bya riua voce vote of the
electors present at the opening Of the
polls; and, if in your opinion said cleo
ton is illegal, will it be necessary to
hold another election, or will the old
members of the council hold over ?" and
in reply have to say:
The question asked involves construc-
ton of 50 much of Sec. 213, Chap. 10, of
the compiled statutes as relates to who
shall be judges of election, and which
reads as follows: l.
after the first election of officers, the
village council or anytwo of them being
present, shall act as judges of election y
This provision is mandatory in its terms
in case of certain conditions, that is, ''thc
village council, or any two of them be-
ing present shall act" etc. Though
mandatory in terms, it is probably only
directory and the fact that the village
council or any two of them, though pres
ent, did not act, would not in the absence
of fraud or surprise, invalidate an cleo.
ton provided the election could be car.
ried on by other officers selected as re-
quired by law. If the village council or
any two Of them are not present, or in
case they being present should refuse to
act, or should they be disqualified from
acting for any reason, then who could be
legally judges of election? For these
contingencies the legislature has made
no provision. The question then arises
can an election he legally conducted by
set of judges not authorized by law
| am of opinion it cannot. The legisla
ture having failed to provide for such
contingencies, the provisions of the Law
| cannot be carried into effect and no valic
election can be held unless the village
council or any two Of them act a:
judges. There being no law. to govern
any other proceeding it would be with
out the authority Of law and consequent
ly illegal and void. am aware that i
has been said by eminent courts that tn,
popular will should not be frustrated by
the negligence Of the officers conducting
the election, and perhaps the reasoning
is sound but it cuts no figure here
Every election is not valid simply be
cause the electors go to the polls ant
vote, although our elections cannot b.
very often invalidated because of SOM
clerical dereliction, negligence or omls
sion of the officers Of the election. But
apprehend that when no provision for al
election is made at all no valid on
could be had, and when no provision i
made for the appointment of judges O
election other than those prescribed b,
law no inherent power exists to substi
tute others. 1t is the defect in the Law
and can only be remedied by amend
ment The contingencies referred to ar
provided for in the law relating to othe
elections, but through some unaccounta
bic blunder it was in this case omitted.
In conclusion I have only to add tina
the election being illegal, by Sec. 205 q
Chap. 10, Of the compiled statutes tn
old officers hold until their successors ar
elected and qualified, the members of tn
old council would, therefore, hold over.
have the honor, gentlemen, to sui
scribe myself your obedient servant,
A. F. STOREY,
Village Attorney