Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-11-05

pnblican). On city judge, McAdam,
tTammany), and Erich, County demo-
craft.
Cincinnatrs Election Mandamus.
Cincinnati, Nov. 5-rhe circuit court
was crowded this morning to hear
the decision IN the election mandamus
case. When the court opened, the clos
est attention was paid to every word ut
tered. Judge Cox read his decision. He
said it was a petition for a mandamup,
by Amsee E. McGill, for himself aud
three others, candidates for election as
state senators, averring that the cavass-
ing board was proceeding to do its work
illegally and asking the court to compel
it to count the returns, according to law,
and to issue certificates to them, instead
of the democratic candidates.. To this
the defendants lad filed u motion to
strike out the material averments of the
petition as irrelevant andsinsuf1icient to
support the demand in the petition. In
the argument this motion had been
treated as a demurrer. The defense
claimed that q mandamus was not the
proper remedy, because tie %canvassing
boards duty was not ministerial, but
quasi judicial, and because the proper
remedy was by contest before the
senate. The court held that this
court could direct the
canvassing board by mandamus and
that mandamus was the proper remedy.
The distinction made by Judge Buck
walter was followed by this court by de-
claring hat it was not a CONTEST for the
office. but for the certificate, which can
not be given by the senate, and which
has a value different from the object
itself. The court then considered in de-
tail the averment which the defense ask
ed to have stricken out. and overruled
the motion in all cases, except one,
where the allegations were as to IT.
regularities in counting the vote. In
the progress OF the decision the court
stated that it had in the decision the
right to direct the clerk to omit from
his canvass returns that which did moi
comply with the mandatory provision
of the law. Among these were that the
r%etarns should be delivered to the clerl
in q manner and within the time named
IN the law and that the number of vctei
should not exceed the number of names
on the poll books. The defense asked
until tomorrow to enable them to de
eide what steps they shall take. 1t il
understood they will appeal to the
supreme court.
The Hennepln Canal.
Chicago, Nov. 5-The Hennepin Cana
commission held an informal session
here this forenoon. Delegates wer,
present from Iowa, Illinois. Wisconsin
Minnesota, Michigan and New York
Joseph Utley, of Dixon, Ill. presided
1t was decided to give the commission
the name of the Lake Michigan ant
Mississippi river canal commission. 4
lormal SESSION OF the commission begal
this afternoon.
Eighteen members of the commission
were present and to these Gov.Br os ex
pressed his pleasure at beholding sc
many friends OF the canal in attendance
The speaker SAID it was q vital
necessity to get the delegation
before congress this winter and urge ma
tional Legislature to push the project tt
completion. Gov. Bross would hav'
congress understand that if nationa
Legislation was not extended in favor O
the scheme the great west would op,
pose all expenditures included in th.
river and harbor bill.