The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1888-02-23
THE SPRING HLE11oNa

81 One week from next Tuesday will
% the regular town meetinR'' OF
4pring election day. As the time
|oears the usual preparations are going
~ and . number of questions are
|laked, some usual and some unusual.
For example, the question .is raised 10
|t0 when the ''spring" election should be
|aeld, some holding that it should be
neld in the fail" under the general
election law passed by the last legis.
latufe.
. We have submitted the question to
three or four of our lawyers and At
|eOrney Town has taken the trouble to
look the matter up pretty fully and
give as the results.
The general election law does not
menti0n the township nor village
.0lectionS until at the conclusion it
defines the elections to which the law
shall apply and mentions township and
village elections.
But it makes no provision for
kcnnvasing the vote nor for declaring
The result in these local elections "a it
does with regard to all elections above
E9l1eeo. 1t evidently is u mistake to men.
ton them in connection with the 9th.
ers. 1t the trainers had intended the
law to cover the local elections, they
would have provided, in the body OF
the law, for holding such elections,
canv'sing tho votes, and declaring the
result
Another point is that the clause re.
pealine the former election law. does
not mention nor repeal chapter ten
which provides for the holding OF
township and village elections.
1t seems plain enough that the
Legislature blundered in this as it did
in many other matters.
AproDOS of this subject, the Su.
preme Court has just rendered q dec;.
siOu OF interest to villages incorporat
ed under the general law.
The case was one from Watonwau
county, where the point was raised
that theelectiOn in Madelia was illegal,
because a separate election was held in
that village.
The court held that the village was
lie welfare demanded that the VOTE
should not be disregarded in this case.
Following is the text of the decision:
Villages, under the general village
law of 1885 (chapter 145). do not con
stitute election districts for state an(
county elections separate from the
townships in which they are situated
A general state election for such I
village. WAS held in the village
and separate from that held ir
the township. The village officers
acted as officers Of the election. NJ
other irresularity and no fraud being
suggested, and there being nc
reason to doubt the good faith o.
the electors and officers, nor suppose
that the irregalarity had effected thu
result or cast any uncertainty upon it
the vote "f the village should not b'
disregarded. TIE return of the judges
of election is not conclusive in an elec
| ton contest. and the ballots not hav
ing been so kept that they might mo-
have been changed, the parol evidence
| If The judges of election as to the re-
suit Of the ballot us counted and de
c]ared at the polls is admissible.
DICKINSON, J.
Adrian and Ellsworth would com,
uDdi this decision, but Worthingtor
! would not, aS it is Incorporated unde
a special charter.
The Attorney General has made tn,
following decision which will interest
Town Clerks:
The general election law of las
winter. except some of its provision.
which l;y their terms apply only to cit
les OF certain population, applies to an
nual town MEETINGS, and the register
should be prepared according to tn,
provisions Of the act of last winte
found in section 6. In newly organized
towns the registration previous to th'
town meeting provided for in the act o.
last winter is not required. See sec
tion II. In such cases it comes under
the law relating to the organization o1
towns. The secretary of state advises
me that he will have the necessary
blanks ready for use at the spring
election.