St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-05-18
OFFICIAL.
Proceedings Of the Common Council
Adjourned Meeting.

The Council met pursuant to adjourn
ment.
President Smith in the chair.
Present: Aid Cummings, DOwlan, Cullen,
Otis, Cornish, johnson, Starkey, Lauder
dale, ST. Peter, Mr.. President-1O.
The President stated that the first bust
ness in order would be the hearing of the
contest for Alderman in the Second alder
manic district of the First ward.
The Corporation Attorney submitted the
following in reference to said contest:
To the Honorable the President and Com
mon Council of the City of st. Paul:
GENTLEMEN: In the matter of the re-
quest to have recount of the ballots cast
for Alderman in the Second aldermanic dis
trict of the First ward of the CITY of St.
Paul, in connection with the canvass of the
returns of said election and before declar-
alton OF the result of said canvass, so far as
the same may. relate to the election of an
Alderman in said district.
The City Charter provides that the Com
mon Council shall be judge of the election
and qualification of its own members, and
in such case shall have power to send for
persons and papers and shall also determine
the rules of its own proceedings. This
would seem to give the Common Council
full power and authority to do everything
that was necessary and proper to determine
as to election and qualification of any officer:
but this is qualified, at least so far as the
recount OF the ballots are concerned, by
sections II and 13 of an act to provide fol
the elections in Incorporated cities of over
$4,000 inhabitants according to the census
OF 1875, which read as follows:
Section IL. All the ballots counted by
the Judges of election shall, after being
read, be strung upon a strong thread OF
Irvine in the order in which they have been
read, and shall then be carefully enveloped
and sealed up with sealing wax by the
Judges, who shall direct the same, Endorsed
with the name of the district voted, to the
officer to whom by law they are required to
return the poll books, and shall be delivered,
together with the poll books, to
such officer, who shall carefully pre-
serve said ballots for six months.
and at the expiration of that time shall de-
stroy them by burning, without the package
being previously opened; provided, if any
contest OF election shall be pending at such
time, in which said ballots may be required
as evidence, the same shall not be DESTROYED
till such contest is finally determined.
Sec. Ii. In all cases of contested cleo
lions the parties contesting the same shall
have the right to have the said package OF
ballots opened, and said ballots referred to
by witnesses, for the purpose of such con-
test.
But said ballots shall only be so exam
med and referred to in presence of the
officer having the custody thereof.
1t is not claimed that the request to re-
count is contest This being true I am OF
the opinion that the Common Council have
no authority to order recount upon sug-
gestion of error, as it has no power to open
the sealed package of ballots except in the
case provided in the statute, or at least a
very doubtful one therefore advise against
1t. have prepared no rules for the govern
ment OF your proceedings in case of con-
test, for the reason that, should any contest
arise, the statute in relation to contests fol
county officers, which is made applicable ts
cities generally, unless contravened BY
some special provision of their charter. is
perhaps applicable in the present case. ex.
cept that the tribunal for the determination
OF the one is in the courts, the other with
the Common Council.
Ii any person should desire to contest the
| election, he should within twenty DAYS
after the vote has been canvassed cause q
AoVioo oPOCI yHlS GHo pOlnCS upon Which the
election will be contested, as also what
time he shall apply to the Common Coun
Gil to have the ground of his contest in.
quired into, to be served upon the part,
whose election he intends to contest, in the
manner prescribed by statute. The Common
Council may then determine it's mode OF
procedure.
l have not considered the question as te
whether the Common Council with its
present membership, or the one we ordinarily
term the new Council, shall be the propel
tribunal to consider the question of any
contest that may grow out of the late city
election, for the reason, if I am correct il
my views, they would necessarily have tf
be considered by the new and not by the old
Council. Very respectfully,
W. P. MURRAY.
Corporation ATTORNEY.
Accepted.
Aid. DOwlan stated that he would with
draw the request made by him for a re-
count of the ballots, whereupon the Council
proceeded to complete the canvass of the
votes cast at the city election on May 5.
with the following result:
FIRST WARD