Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1891-05-08

side, but when he is a contested .
speaker pro tenn. shall be elected.
SecOnd-The parties to the contest shall
Isnswer,' their appearance shall be recorded.
Third-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-
cluded, any member Of the house may offer
! the reasons for the vote he intends to give.
Fourth-The clerk shall keep a regular
! Journal Of the proceedings.
F1fth-1n 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-
eision or upon any preliminary question that
| has reference thereto.
| Sixth-If the contest is in tho senate it
snail proceed as nearly as may be according
| to the ru,e s above prescribed.
| SEC. s.. Any candidate or elector OF the
proper city or county may contest o the cleo
city or county Office. He shall give notice
| thereof in the manner provided in section
ninety-two 1927 tor service Of such notice.
It the person whose election Is contested de-
sires to offer testimony upon points not speci-
| fled in the notice of the contestant, he shall,
! III the manner provided in section ninety-one
| l9D serve notice on the contestant speci-
4SluS SuCu duultlOIlhl pOluLs upon Sucu 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
| just, all testimony shall be taken as In civil
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
! in the manner that civil actions are con-
Quoted. Said district court at the next gen.
eral or spe eial term, after the expiration of
thirty l5O) days after the votes are canvassed.
snail 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 alter the canvass of the votes, shall AD-
| 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
| De 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 (500)
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. Tho return on said appeal shall
be made, settled, certified and filed in the
supreme court within fifteen ll5) days after
the date OF service Of notice of appeal, and
be brought on for hearing and determination
| before SAID supreme court at any time when
| the same shall be in session, and upon ten
| QO 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. o. 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
q
verified petition STATING that he cannot pre-
! pure his case for trinl without an examina-
ton and inspection of the ballots cast at the
preceding election, the judges Of said court
shall appoint three ~ persons, one ~ to be
selected BY each of the parties to the contest,
and these to select o third, to whom the in
spcction 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; md provided further,
that the party making such application shall
file with the clerk Of the district court bond
III the sum OF two hundred and fifty (2SJ)
dollars, with two ca suretieS, to be approved
by the judge Of said court, conditioned that
be will pay the cost and expense OF such ex
animation and inspection, in tho 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 shalt be selected and appointed by the
plicahon is made. On the trial of any con-
tested election for any of the offices in the
eighty sixth (s6th), ninety-Grst (91sD OF
ninety,.ti fifth (95th) sections of this chapter
named. the parties to the contest may intro
duce written or oral testimony. but no depo-
sitions 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,
or upon any other subjects which by
law may be submitted to the vote OF the
test the validity of such election as to the
right OF the place declared to DO 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 us
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 not ces personally
upon said commissioners within thirty go
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
thereof upon a county commissioner: and
the district court at its first general or special
term shall hear and determine on snch con.
test upon 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-
snry 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 a. in
other actions.
GENERAL PROVISIONS.
SEQ. 90. Tho regular term OF once OF all
n a nd county Off1car1 shall c0rnmenG9
the first Monday Of January next succeeding
their election, unless otherwise provided by
law.
elected or appointed to al 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 ans. until his successor is elected and quail
SEC 100. During any day on which any
general, special, town or charter election is
held, no civil process shall be served upon
1ei The ct Of 3 shall pro-
vide uniform blanks for making lists or reg
listers, required by law, and afddavits and all
other blanks necessary to be used IN the sew
sha sso pro7as cope. o ths s% 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 and city in his
county tho necessary copies Of each Of said
blanks, and one ~ copy Of the said law for
each election district in his town or city
SEC 1922 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 lO0) words, s cents; for every
certificate. with seal attached to statements,
80 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 tho war
rant OF the county auditor.
SEC. 1913. 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 ton GEMS for every
mile necessarily travelled in going to and re-
turning from the Office Of tho 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 aud allowed by the board Of county
commissioners Of the proper county IN the
same manner as other claims are allowed.
and may be paid upon the warrant Of the