Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1892-12-09

couldn't tell which was the butt end of a
ram or distinguish between sbcep-scab
acarus and Il prasshOpper.
He had not been satisfied when the
auditor of this county. without any au-
thorlty of law, transferred money from
the bridge fund to the general fund,
after w, L Ycater, knowing that there
was at that time large balance in the
former fund, contracted for two bridges
on Beaver Creek. expecting to get his
money when the work was done.
And he had no sympathy with a great
many other Illegal or arbitrary acts that
had been done by the same combine,
and he had no inclination to fight for
their reelection, even if they were la
belrd republican"
With this summary of our efforts to adj
vance the interests OF rcpublcanlsm in
the recent campaign the dcmocra,,c
county committees ex. .chAirman--whose
presidential preferences this year have
apparently taken their cue from the
phases of the moon-must be content.
Of course, if the editor could have been
let alone and given more leisure in which
his thinktank mght get action on the
political situation, 1T is probable that
Cleveland wouldn't have been Sin it,"
But we neglected our opportunity and he
was elected and now the pnngs of our
remorse can only be soothed by the re.
membrnnce that it is useless to weep for
actcal fluid that has been overturned.
*x*
The RECORD again asserts that the cam
vassing board had no shadow OF right to
throw out the returns from SelZ precinct.
During a recent visit to Bismarck the
writer convcrscd with a number of the
vNrc l,,, 1, TX
and every one asserted that the duties Of
the board were purely ministerial and
mechanical Referring to the afli,lavits
upon winch so much stress was laid by
the board. one attorney said that the law
would not allow the hanging Of a dog on
unilatrral testimony. The writer took
the troubl" to look up the authorities on
the subject. and a few are given below:
On the duties and authority of canvass
ing boards Mr.. High in his great work
Oh Extraordinary Remedies" at page
80, says:
Sec Sc. And in the first place. as re-
CARDS the duties of cnnvassing votes cast
at an election and Of making n return of
the person elected, 1t is doubtless true
that such duties partake of n quasi
judicial nature, as far rs concerns the de-
termination of whether the papers re
c"ived by the canvasSrrs. a,d purp0rtng
I" oe elecl"'h returns ara IN iact, suci'
returns, ana are genuine and Ineligible.
and substantially authenticated AS re-
nuired bv law Nrt h,vond tbre, nrn-
G"';s" Wy "w; ~, T., onynnu 'r''se pre-
l'Wlnary Qu"SllonS, tne duIlcS OF canvass
nrs are regarded MS chiefly ministerial
These preliminary questions being deter
mined. the remaining duties of snch can
vassers in deciding who is elected are
merely mechanical or ministerial, invnlv
inp cimnl,, ,hn labor of n,,,,,,;nu a.,
l'S sunny ''e 't,o'l o' c"'"''"E lil'
VoItS feIurhtu anu determining VINO mas
'ece'v'u .the n,EhesI numDer. whenever
.neIelnrr' such onar" OF can'assrrs nave
ne.lecCu or refuse" 10 perform 'heir
"uly, or nave Only performed u IN part.
'mi n.te nes'rcte" 10 eHa'',he or ihci,lor
a't ~ Ihe lrs''i"s presence 70 mem, thcy
iay y: ~. I,Lipi'e,' Wy l'an's",,ls 10 pro
Wv WIN ;As l'er,".nn''hse "l the.r uu'y:
leaving MI !urst'ohs OF me Valln'ty or
.ne ERECTION ,o oe ueterthlhG" oy tue 1r,,
n"nais proyiurn ny IA" inr tue purpose.
see & tne following anthorl''es
s,"te Vs. w. Gibbs Mbesf; is Fla,' 'Ias''' 5C 0''
Ellis vs.. County Commissioners of Bristol, 9
Gray, $40.
S,"te 10 C"''',,, ,h.'a M. ,.,.u rI,,.
Iowa, 1sG.
Same vs.. Baily, Ib., 800:
Kiser vs. Cameron ~ Ind; as9.
Slate II Stemrms II Neb in4
State Va. Garescl,e G5 Mo. 4S0
State vs. Berg, 76 No., 1885,
S,e W. w. Hoarh of 81 ne:, n W,s aos
Brndteli w. Wurt, 3s Iowa. aoI.
Drew vs.. McLin, 16 Fla, II.
Stnte vs.: Board oi state Cnnyassers, y Fla, Sa'
is Kan. ioo ''s''.'s - ''"' ''""'' N'""'''
State vs.. COMMISSIONERS, 90 Kan. lG4.
Morgan vs.. Commissioners of Pratt County,
Pn;.e,, ,si,,, -: 10 s,svon. ., Ko, o.,
Commonwealth vs.. Emmngc, T4Pn,
That the board of canvassers of cleo.
l,on returns urp merely m;nistrri., nffi.
GERS whose duties ara sinnlv 10 r,cn;v..
tLe returns from the vuri",;s i nrrc,nc,s
add the figures to,rtl,cr and Il. clara ,hr
rpsul, 40 shnwn Inv ,he torc nf lie rctnrns.
,h,, thpv c.n d.t'.rminn whnthnr onv n,.'
nrr is the nnlv return from a. LonI Nil
iuu n)ucc bui ,h,t thew have M riuht +,
m.i.ct !, ev,.n If ,hcv beli.vp th.r.. 20, a
Find and illera)itv N the eIection ,s is
shown in is M 40 6a Al, 2s1 Al Arl.
iii. u Abb IN. Y077 and IL Nrb AZ
(;hief Iusf,c. M.xwn)l cr..E;nr fnr
Tho snnrenr cnur, of N.hraeko in - o.so
where the hoard of conv,ss, 70 r.isctaI -
nart o Of til the | re,nrns Of an rlrction % for tbe
Inc,,,nn of - county cont SAVE.
| "Dnp nj thn dnt;ns imnnsod NM, tb.
hoard of canvass'.rs was lha, of rsnvass
in~ I'M, vntes cns, ,t ,ha .,cct;,n The
,hey have NOT done. It is nn ] answer to 'r
sav that th.v have canvassnI . mart NJ
the the Vote vu,cs. Il WAS their div ,o canvass M
the entire nnmhrr cast Thry had M an.
thoritv 10 r1.irct nnv nor,;nn nf The ~.
turns ~ n.rn;t a hn,rJ IF nanvnss.rs
to throw ont or to reject r.,nrns w. @ I1ns, mnon
some nretcx:, and TINS (lcfeat thc will ri
l.rrn m,irr;tv of th,. v,,ars ond c,,n ~,