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

speaker pro tenn. shall be elected.
Second-The parties to the contest shall
then be. called by the clerk, and, if they
answer, their appearance shall be recorded.
Th1rd-The contestant shall then first in
troduce his testimony, and, after the testi-
mony is closed on both sides. the contestant
contest. and the officer elect may then pro-
coed. by himself or counsel, to make his de-
Tense, and the contestant be heard in reply.
After the argument of both parties is con-
the reasons for the vote he intends to give.
Fourth-The clerk shall keep a regular
Journal Of the proceedings.
t1fth-ln deciding the contest the members
votes given shall decide: but no party to the
contest shall vote, either upon the final de-
cision or upon any preliminary question that
has reference thereto.
Slxth-If the contest Is in the senate it
shall proceed as nearly as may be according
to the rules above prescribed.
SEC. 90. 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 (92) tor service of such notice.
II the person whose election is contested de-
fed in the notice of the contestant. he shall,
in the manner provided in section ninety-one
GID 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 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
Quoted. Said district court at the next gen
eral or spe eial term, after the expiration of
thirty CO) days after the votes are canvassed,
shall hear and determine 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 APP
point special term Of said court to convene
within ten Q0l 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 bond to the opposite party, in
such sum not less than five hundred (50O)
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
be made settled, certified and filed in the
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 i'll session, and upon ten
d0) days notice from either party; and the
same shall be heard and determined in
may be served during the term or in vaca-
ton. This act shall not apply to any case
now pending.
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
CprlfiaH CT of, tIot ho
pare his case for trial without an examina-
ton and inspection of the ballots cast at the
preceding election, the judges of said court
shall appoint three (3) persons, one ~ to be
and these to select a third, to whom the in
sPection aud 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-
dian: Of the ballots; and provided further,
that the party making such application shall
tile with tue clerk Of the district court bond
in the sum of two hundred and fifty (25W
dollars, with two CD 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-
ton shall be referred on his part. such per-
son shall be selected and appointed by the
judges Of the district court to whom the sp-
tested election for any of the offices in the
eighty sixth (S6th), ninety-tirst (9lsD or
ninety-fftn (a5th) sections of this chapter
named, the parties to the contest may intro
duce written or oral testimony. but no depo-
sltions shall be read at such trial, unless the
other party has reasonable notice of the time
and place of taking the same.
xo se1 81 the In o9n in which there is
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 elcctor therein may con-
test the validity of such election as to the
right of the place declared 10 be selected for
the county seat to be such; or rs to the re-
suit when the proposition to remove county
seat is declared defeated. or as to any county
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 81 TAKEN, tetn
by serving copies of said notices personally
upon said commissioners within thirty 800
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 fled with
the clerk of the district court of the proper
county within ten 10y days after the service
thereof upon county commissioner: and
the district court at its first general or special
term shall hear and determine on such con-
test upon the oral aud written evidence of
the partes and dispositions may he 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 clector Of the
proper county may appear and defend in
such contest, and introduce evidence as in
other actions.
GENERAL PROVISIONS.
SEQ. 60 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
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 Ia elected and quail
iied.
SEQ 100. During any day on which any
general, special, town or charter election is
held. no civil process shall be served upon
any eleetor 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 afIidavits and all
other blanks necessary to be used in the sew
se pro1de eop it ss @ s ns
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 and city in his
county the necessary copies of each Of said
blanks, and one ~ copy OF the said law for
each election district in. his town Or city.
SEQ. 102 Fees-Every auditor, chairman of
the board Of county commissioners, and 1us-
tees Of the peace shall receive for services
performed under this chapter the following
fees: For making the statements for every
one hundred Q00l words, 8 cents; for every
certificate, with seal attached to statements,
90 cent. which fees shall be a
sioness of the proper county and
paid by the county treasurer upon tho war
rant OF the county auditor.
SEC 18 There shall be paid out Of the
county treasury OF each county to tis 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 ot6os 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.
All fees for carrying election returns shall be
audited and allowed by the board Of county
commissioners of. the proper county IN the
same manner ~ other claims are allowed