St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-11-11

ward or town IN which the election is held,
the supervisors or assessors TO whom the
original statement Of the canvass OF the votes
shall have been delivered, or the county board
Of canvassers.
The county canvassing boards meet next
Tuesday. They take the returns and proceed
to make up the county report. The law pro-
vides that in case it appears TO the canvas
sers there have been omissions in the town
ship and ward returns they shall cause the
returns 10 be sent by one Of their number to
the town inspectors and canvassers who sent
it, calling them together TO make such cor
rections ''as the facts Of the case REQUIRE.
But such town OF ward inspectors and can
vassers shall not al such meeting change or
alter any decision before made by them, but
shall only cause their canvass TO be correctly
stated"
From the county boards the returns are
sent by messengers TO the secretary Of state,
and pass into the hands of the state canvas
sing board. This body consists Of the secre-
tary Of state, the state engineer, the con-
troller, the encouragement, and the state
treasurer, three OF whom are sufficient 10
form the board, which meets at Albany the
first Wednesday after the third Monday OF
November or sooner II all the certified
copies Of the statements Of the county can
vassers shlll have been received. The sec
retary of state is Republican, the other four
being Democrats. Their duty is simply to
determine, by a computation in addition,
the number Of votes cast for each candidate
for elector, and to declare which of them
has the greatest number OF votes. The law
says: They shall make and subscribe, on
the proper statement a certificate Of such
determination, and shall deliver the same 10
the secretary Of state.'
The law further provides that IL any one
OF the board dissent from the decision of
the majority he may write out his protest
and file it with the secretary Of state"
The duty Of the secretary OF state TO obey
the command OF the majority of the can
yassing board is thus explicitly stated in the
statute:
The secretary OF state shall, without delay,
cause copy, under the seal Of his Office, OF
the certified determination of the board OF
state canvassers 10 be delivered TO each Of
the persons herein declared TO be elected.
In case errors or frauds are claimed IN the
county canYsssers the law provides that the
supreme court (court Of appeals) may, upon
Information by affidavit, require the county
board TO correct such errors OF show cause
why such correction should not be made and
/ in the event Of the failure of said board 10
/ make such correction, or show cause, the
court may compel the board by writ Of man
dumas TO correct such errors; and II such
! board OF county canvassers shall have made
its determination and dissolve, such court
may compel it to reconvene for the purpose
of making such correction.
The court does not appear to have any au-
thoritY over the state canvassing board
delegated to it by the statute. II after the
state canvassing board issues certificates 10
| presidential electors their decision should be
| questioned, IL is a matter of doubt whether
the court of appeals would compel them TO
withhold or change the certificates. The
duty Of the secretary of state is so clearly
stated that any failure on his part TO deliver
the certificates according to the direction Of
the majority of the board would be a palpable
malfeasance. II a correction is made by a
county board on the order OF the court the
corrected return must stand as the true re-
turn. These corrections must apparently be
made before the state board bles, as
this body's duties are merely clerical, with
no judicial power II is the theory Of the
law that all needed corrections must be
made by local boards. From the corrected
returns the state board makes the footing.
and delivers certificates of election 10 the
persons having the greatest number Of
! votes.
Tne court Of appeals in New York is COM
posed of four Democrats and three Republic
| cans.