New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1891-04-29

salu statement to be sent by one OF their
LUMBER LUMBER, or BY messenger whom they shall
tr!ct canVassers OF the county. town Or, dis
trlct from which such statements we're re-
ceived. to have the same corrected; and the
persons so deputed shall Immediately
county, town or district canpassers,
whose duty it shall be forthwith to
assemble together and make such corrections
as the facts OF the case may require; but
such county, town or district canvassers
shall not, at such meeting, change or alter
any decision before made by them, but shall
only cause their canvass to be correctly
stated; and such board of canvassers are au-
thorlZet to adjourn from day to day for the
purpose of revising such statements, such
adjournment not to exceed beyond ten Q0)
days.
SEC. 81. State Canvass1ng Board-The sec
rotary of state shall call to his assistance two
w or more judges of the supreme court and
two E) disinterested judges of the district
court of the state, who shall constitute the
state canvassing board the secretary of
canVassing board to be held in his office
the third (3O Tuesday of December after
each general election, and within thirty (3O)
Of said board shall be Unable OF shall faI to
attend on the day appointed, he shall select
from the disinterested judges of the supreme
court, and notify to attend, as many as may
Der. Upon beiug notified said Judges shall
attend without delay, and with the officers
attending shall form the board.
SEC. 8 The board, when formed, shall,
upon the certified copies of the statements
made by the county canvassing boards, pro-
coed to make a statement of the whole num-
Der of votes given at such election for the
various state officers, which statement shall
ecb Hat the names Of the to whom
once, and the whole number of
several counties in which they are given.
Said board shall certify such statement to be
correct, and shall subscribe to the same with
their proper names. ~ 80.
SEC. 81. AT the same time said canvassing
board shall open the returns made to the sec
rotary of state for members Of congress- and
for electors Of president and vice president
OF the United States, and shall forthwith pro-
coed to make statement of the number of
votes given for the different persons voted
for for the said offices, and the person or per-
sons having the highest number Of votes for
each office shall be considered duly elected;
but 1t 1t appears that more than the number
OF persons to be erected as electors of presi-
dent and vice president have the highest and
an equal number of votes, the SECRETARY Of
state, in the presence of the officers present
shall decide by lot which of the persons
shall be elected as such electors, and to each
person duly elected the governor shall give a
certificate Of election signed BY him, sealed
by the great seal and counterSigned by the
secretary OF state, and shall transmit the said
certificate to each person so elected, and
shall cause the election Of electors to be pup
hshed III the newspapers printed at the seat
of government, Immediately after the said
canvass is completed. If there shall be tie
IN the, number OF votes received by candi
dates for representatives in congress who re-
celve the highest number Of votes. special
election shall be called, as hereinafter pro-
Vlded, for the election Of a representative or
representatives in congress, in the district or
districts in which said tie vote occurred.
Glaciers nhnSan NC
said shall, at twelve az o'clock on
the day directed by the congress Of the
United States meet at the seat of govern
ment of this state, and then and there per-
form the. duties enjoined on them ny the
constitution and laws of the United States.
SEC. IS. Every elector of president and
vice president Of the United States shall, be-
fore the hour of twelve Q2) on the day next
preceding the day fixed by law for congress
to elect president and vice president, give
notice to the governor that he is at the seat Of
goVernment and is ready at the proper time to
fulfill the duties of an elector; and the gov
ernor shall forthwith deliver to the electors
presenta certificate of all the names of the
electors and it any electors named therein
fail to appear before nine co. o'clock, on the
morning of the day of the election of presi-
dent and vice president of the United States.
the electors then present shall Immediately
proceed to elect by ballot, in the presence of
the governor, persons to fill such vacancies.
SEC. Sc. If more than the number of per
sons required to fill such vacancies as afore.
said have the highest and al equal number
OF votes, the governor. in the presence of the
electors attending, shall decide by,lot which
of saa persons shall be elected; otherwise,
they, to the number required, having the
greatest number of votes Shall be considered
elected to fill such vacancies.
SEQ. 81. Immediately after such choice is
made, the names of the persons so chosen
shall be certified to the governor by the
electors making such choice. and the gov
ernor shall Immediately cause notice to be
given in writing to the electors so chosen.
and to till such vacancy, and the persons SO
chosen shall be electors and shall meet the
other electors at the same time and place,
and then and there discharge all and singu-
lar the duties enjoined on them as electors
aforesaid by the constitution and laws of the
United States and of this state.
SPECIAL ELECTIONS.
SEQ. 90. Whenever there is no election Of
any state or county. officers, 81. Of
house of representatives or senate, or of
representatives in congress by reason of any
two or more persons having. an equal and
the highest number of votes for any such Of
nee. or whenever any vacancy occurs in any
OF the said offices, which said vacancyis not
otherwise provided for, the governor. within
ten QOD days after he is. Informed of such
vacancy or failure to elect shall issue
proclamation directing that special election
be held in the proper election district or dis.
tricts. at time TO be specified in the proc
lamstlon, not more than twenty COY days
1Toiu the CaLe tD2reOI, 10 Ill SuCl ONCE, and
said election snail be called in the manner
hereinbetore provided for calling elections,
and the same shall be held and conducted,
and the returns thereof made and canvassed
held, conducted and the returns thereof
made and canvassed; provided, that if the
vacancy occur in the office of representative
IN congress. or state senator, or member of
the house Of representatives, and there be no
session Of the legislature or congress be-
tween the happening of such vacancy and
the next general election occurring twenty
eight (2S) or more days thereafter. such
vacancy shall be filed at the general cleo
ton.
SEC. SO. In elections to fill any vacancy
specified In the preceding section, the audi
tor shall, within fifteen Q5) days after such
election. transmit statements Of the votes
given to the Office of secretary of state, and
take his receipt therefor under the penalty
OF five hundred 5000 dollars fine, to be recov-
cred from him in a civil action in the name
the time beng, shall sue for and recover the
penalty for the use OF the county. "a
SEC. 80. If a vacancy occur in the senate
or house or representatives for any cause,
which that vacancy occurs has been divided
after the election of a member whose seat is
vacant, such election shall be ordered in
every county, or part OF any county, of which
no person shall be permitted to vote at such
election who does not at that time reside
within the limits of the original county OF
district in which the vacancy occurred
SEC. 81. Contrasting Election-Any cundi-
date or elector Of the proper county, sena-
torial, judicial or election district, wishing
to contest the validity Of the election, Or the
right Of any elector declared duly elected to
the senate Or house of representatives in this
state, or to contest his right to a seat therein,
shall give notice thereof in writing to the
person whose election or right to seat he
intends to contest, or leave written notice
thereof where such person last resided, with
in twenty (20) days after the votes have been
canvassed by the county canvas4ing board,
specifying the points on which the election
will be contested, and naming two (2) jus-
tees Of the peace Of the county in which he
resides who will oficiate at the taking Of the
deposition, and when and where they will
attend to take the same; ali notices shall be
served at least ten y1O) dayst before the day
designated therein Tor the taking Of such dep.
osiions, but the time fxed for the taxing
OF the same shall not exceed forty-flys f45S
days from the day Of the election.
SEC. %. That said justices, or either Of
them, shall issue subpoena to al
persons whose testimony 10 required by
either Of the parties: and said two (2) ,jus-
tees shall take, under oath, al Testimony re-
lating to such contested election, and certify