The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1891-05-07

4, Second-The parties to the contest shall
then be called by the clerk, and, If they
answer, their appearance shall be recorded.
troduce his testimony, and. after the testi-
mony is closed on both sides. the contestant,
by himself or by his counsel, may open the
contest and the officer elect may. then pro-
ceeo. by himself or counsel, to make his de-
After the argument Of both parties is con-
cluded, any member OF the house may offer
the reasons for the vote he intends to give
Fourth.The clerk shall keep q regular
Journal of the proceedings.
Fifth-In deciding the contest the members
snail vote viva voce, and the majority of the
votes given shall decide; but no party to the
contest shall vote, either upon the final de-
cislon or upon any preliminary question that
has reference thereto.
Sixth-If the contest is in the senate it
snail proceed as nearly as may be according
to the rules above prescribed.
SEC. %. ANY candidate or elector Of the
proper city or county may contest the cleo
city or county Office. He shall give notice
thereof in the manner provided in section
nlnety-two 1922 tor service of such notice.
II the person whose election is contested de-
slres to offer testimony upon points not speci-
fed in the notice Of the contestant, he shall,
in the manner provided in section ninety one
l9i) serve notice on the contestant speci-
Tying such additional point: upon such no.
tees, which are not to be taken as true until
proved. and which may be amended if the
court, under all the circumstances deem it
]nst all testimony shall be taken as in civil
actions, and all matters relating to said con-
test shall be heard and tried by the district
court OF the proper county in the manner
that civil actions are tried by the court. Said
contest shall be brought on for hearing and
the cost therein taxed by said district court
in the manner that civil actions are con-
Quoted. Said district court at the next gen
eral Or spe ;iai term, after the expiration of
thirty (30) days after the votes are canvassed.
shall hear and etermine the contest; and
the judge OF the said court, in case no gen
eral or special term occur within ninety (90)
days after the canvass of the votes, shall ap-
point special term of said court, to convene
within ten Q0) days after notice of such con-
test shall be given to him. When the judg-
ment or decision of the district court shall
be removed to the supreme court, the party
removing the same shall file in the district
court in a bond to the opposite party, in
such sum not less than five hundred 5000
dollars, and with such sureties as shall be
approved by the judge, conditioned for the
payment Of all costs incurred by the re-
his appeal. The return on said appeal shall
be made, settled, certified and filed in the
supreme court within fifteen u5) days after
The date OF service of notice of appeal, and
upon pertecting said appeal the same may
be brought on for hearing and determination
before SAID supreme court at any time when
the same shall be i'll session, and upon ten
I0Q days notice from either party; and the
same shall be heard and determined in a
summary manner. Such notice of hearing
may he served during the term or in vaca-
ton. This act shall not apply to any case
now pending.
SEC. 96 After contest has been institut-
ed. either party to the contest shall have the
right to have the ballots referred to inspected
for the purpose of enabling him to prepare
his contest for trial: and, upon application
by such party to the district court, upon a
verified petition stating that he cannot pre-
pare his case for trial without all eXamlna-
ton and inspection of the ballots cast at the
preceding election, the judges of said court
shall appoint three 60 persons one a. to be
selected by each of the parties to the contest,
and these to select a third, to whom the in
bpecuon and examination Of said ballots
ton and examination shall be had and con-
Quoted in the presence of the proper custo-
dian of the ballots; and provided further,
that the party making such application shall
file with the clerk of the district court bond
i'll the sum of two hundred and fifty esq
dollars, with two 90 sureties, to be approved
by the judge of said court, conditioned that
he will pay the cost and expense of such eX
animation and inspection, in the event that
he shall fail to maintain his contest. Should
either party to the contest neglect or refuse
to name the persons to whom said inspec-
lion shall be referred on his part. such per
son shall be selected aud appointed by the
judges Of the district court to whom the ap-
tested election for any of the offices in the
eighty sixth ts6th), ninety-frst .(91sD or
ninety fifth (95th) sections of this chapter
named. the parties to the contest may intro
duce written or oral testimony. but no depo-
sitons shall be read at such trial, unless the
other party has reasonable notice OF the time
and place of taking the same.
SEC. VI. In any county in which there is a
vote for the removal Of the county seat, or
changing the county line of said county,
law may be submitted to the vote Of the
people, any eiector therein may con-
test the validity of such election as to the
right Of the place declared TO be selected for
the county seat to be such; or AS to the re-
suit when the proposition to remove a county
seat is declared defeated. or as to any county
line declared established by said vote: or as
to the result Of any vote upon any subject
submitted as aforesaid. Such elector shall
give notice in writing Of such contest to the
county commissioners, or one (D Of them
in the county in which said vote was taken,
by serving copies of said notices personally
upon said commissioners within thirty (3U)
days after the result of said vote is declared
or proclaimed. Such notice shall specify the
points on which said election will be con-
tested. and copy thereof shall be filed with
the clerk of the district court of the proper
county within ten (l0) days after the service
tnerGO1 upon Il county cOul HllsSlOucr. bllQ
the district court at its first general or special
term shall hear and determine on such con-
test upon the oral and written evidence Of
the parties: and dispositions may be taken
by any of the parties to the proceedings in
the same manner as in civil actions. but no
appeal to said district court shall be neces-
sary in any such case Such commissioners,
or upon their failure, any elector Of the
proper county may appear and defend IN
such contest, and introduce evidence as in
other actions.
GENERAL PROVISIONS.
SEQ 08. The regular term OF office Of all
state and county officers shall commence on
the first Monday Of January next succeeding
their election. unless otherwise provided by
law.
SEC. 90. Any state county or district officer
elected or appointed to ill vacancy shall
qualify and enter upon the duties of HIS office
Immediately thereafter; and, when elected
hold the same during the unexpired term for
which he is elected and until his successor is
appointed and qualified. but il appointed TO
he shall hold his Office until the next general
election, when his successor for the remain
der Of the unexpired term shall be chosen.
fled
SEC 100. During any day on which any
general special, town or charter election Is
held. no civil process shall be served upon
any elector entitled to vote at any election.
SEC 10l. The secretary Of state shall pro-
vide uniform blanks for making lists or reg
listers, required by law, and affidavits and all
other blanks necessary to be used in the sew.
eral election districts at any election; he
shall also provide copies Of this law and
transmit the same to the auditor of each
county at least thirty 800 days before any
election, and the auditor shall forthwith de-
liver the clerk OF every town and city in his
county the necessary copies of each Of said
blanks, and one "a copy Of the said law for
each election district in his town or city.
SEC. 102. Eees-Every auditor, chairman Of
the board Of county commissioners, and JUS
tees Of the peace shall receive for services
performed under this chapter the following
fees: For making the statements for every
one hundred NOo) words, 8 cents; for every
certificate. with seal attached to statementss,
30 cents, which fees shall be al
lowed by the board Of county commits
sioners Of the proper county and
paid by the county treasurer upon the war
rant Of the county auditor.
SEC. 103. There shall be paid out Of the
county treasury OF each county to the per
son carrying the returns Of election to the
county auditor the sum Of ten GEMS for every
mile necessarily travelled in going to and re-
turning from the office Of the county auditor
for the purpose Of carrying such returns.
This provision to extend 70 unorganized
counties and to be paid out Of the treasury
of the county to which they are attached.
AL fees for carrying election returns shall be
audited aud allowed by the board of county
Of the proper county In the
same manner a. other claims are allowed