The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1891-05-07

Glenta6
Second-The parties to the contest shall
then be called by the clerk, and, IL they
answer, their appearance shall be recorded
Ihlrd-;ihe contestant shall then first in
troduce MS testimony, ana, after the testi-
by himself or by his counsel. may open the
contest, and the officer elect may then pro.
ceed, by himself OR counsel, to make his de-
tense, and the contestant be heard in reply.
After the argument Of both parties is con
Guided, any member of the house may offer
the reasons for the vote he Intends to give
Fourth-Ihe clerk shall keep regular
journal of the proceedings,
rlttn-.in deciding the contest the members
snail Vote viva Voce, and the majority of the
votes given shall decide; but no pnrty to the
contest shall vote, either upon the Anal de-
cision or upon any preliminary question that
has reference thereto. s...
Sixth--If the contest is In the senate it
shall proceed as nearly as may be according
to the ru'es above prescribed
Sec 95. 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
ninety-two (02) tor service of such notice
II the person whose election is contested de-
slres TO Otfer testimony upon points not spec-
fled IN the notice of the contestant, he shall
III the manner provided in section ninety one
l9D serve notice on the contestant Speci-
tying such additional point; upon such no
proved. and which may be amended if the
court, under all the circumstances deem it
just. 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 countyin 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
erai Or spe cial term, after the expiration of
thirty (80) days after the votes are canvassed,
shall hear and determine the contest; and
me Judge OF the said court, in case NO gen
eral or special term occurwithin ninety (90)
days after the canvass of the votes, shall ap-
point a special term of said court, to convene
within ten 40? days after notice Of such con-
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 $500
dollars, and with such sureties as shall be
approved by the judge, conditioned for the
payment Of all costs incurred by the re-
spondent in case the appellant fail on
hs ap ads Ths retufn on said appeal shall
supreme court within fifteen Q5) days after
the date OF service of notice of appeal, and
upon perfecting said appeal the same may
be brought on for hearing and determination
before SAID supreme court at any time when
the same shall be in session, and upon ten
1O) days notice from either party: and the
same. shall be heard and determined in a
summary manner. Such notice of hearing
may be 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 an examina-
preceding election, the judges of said court
hallappoint three (3) persons, one ~ to be
selected by each of the,parties to the contest,
and these to select a third, to whom the in
spectlon and examination of said ballots
shall be referred; provided, that said inspec-
ton and examination shall be had and con
Quoted in the, presence of. the proper custo-
Clan OF the ballots; aud provided further.
file with theclerlo Of the district court bond
in the sum of two hundred and fifty (250)
dollars, with TWO (2) sureties to- be approved
by the judge OF said court, conditioned that
he will pay thescoSt land expense Of such ex-
summation and inspection, in the event that
ne Shall fail to maintain his contest. Should
either party to the contest neglect or refuse
to name the persons to whom said inspec-
son shall be selected and appointed by the
judges of the district court to whom the APP
plicaticn is made. On the trial of any CON
tested ELECTION for any of the offices in the
ninety-tfth (95th) sections of this chapter
named. the parties to the contest may intro
duce written or oral testimony. but no depo-
sltlons shall be- read at such trial, unless the
other party has reasonable notice of the time
and place of taking the same.
SEC: ". In any county in which there is a
vote for the removal Of the county seat, or
changing the county line Of said county,
or upon any other subjects which by
law may be submitted to the vote Of the
people, any elector. 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 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
in the county in which said vote was taken
by serving copies of said notices personally
upon said commissioners within thirty (3l
days after the result of said vote is declared
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
thereof upon county commissioner: and
the district court at its first general or special
term shall hear aud determine OH such con-
tesEupon the oral aud 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
such contest, and Introduce evidence as in
other actions
GENERAL. PROVISIONS.
Sec. 90. The regular term of Office of oil
-t~k SA1 l2.11
the first Monday of January next succeeding
their election, unless otherwise provided by
law.
SEC. 3d. Any state, county or district officer
elected or appointed to I'll 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 if 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,
and until his successor is elected and quail
flied. 49,,
Sec. 100. During any day OH 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. 101. The secretary Of state shall pro
vide uniform blanks for making lists or reg
listers, required by law, and at1idavits 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 (30) days before any
election, and the auditor shall forthwith de-
liver the clerk Of every town und city in his
county the necessary copies Of each of i said
blanks, and one ~ copy of the said law for
each election district in his town or city. !.
Sec 1902. Fees-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 Q00) words, 8 cents; for every
certificate, with seal attached to statements,
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. WI
Sec 1O3. 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 gong to and re-
turning from the office of the county auditor
for the purpose of carrying such returns.
This provision to extend to unorganized
counties, and to be paid out of the treasury
of the county to which they are attached.
All fees for carrying election returns shall be
audited and allowed by the board Of county
commissioners of the proper county III the
same manner as other claims are allowed.