The great West. [volume] (St. Paul, Minn.) 1889-18??, 1893-05-19

the dispositions and when and where they
VII! attend to take the same.
days before the day designated therein for
the taking OF such dispositions, but the time
nXed FOR the taking Of the same shall not
exceed forty-fve days from the day Of the
Sec 1872. Said justices, or either of them,
snail issues subpoenas to all persons whose
ties; and said two justices shall take, under
OATH ali testimony relating to such con
tested election, and certify the same under
seal to the presiding officer, in that branch
seat is contested is returned to serve at the
next session.
Sec. 1873. If a person whose election is
contested desires to offer testimony upon
points not specified in the notice Of the
contestant, he shall within ten days after
the CONTESTANTS notice is served upon him
as aforesaid, serve upon said contestant in
the manner provided in section one hundred
and eighty-One of this act, notice specify
ing such additional points, and specifying
a place and day. (Which shall not be more
than ten days later than the time fixed
by the contestant in his notice for taking
depositions) at which time testimony there
In will be taken before two justices Of the
same county, which notice shall be Served
at least ten days previous to the time Of
taking such testimony.
No testimony shall be taken by said JUS
tees which does not relate to some point
specified in said notice, copies of which
shall be delivered to the justices taking
testimony and by them transmitted to the
presiding officer Of that branch Of the legis
iature where the contest is decided, witt
the other documents provided for by sec
ton one hundred and eighty-two.
eseon ' he pnnSs any
the following rules shall be observed:
l. On the day and at the hour appointed
Tor tor tina that purpose, the house, with proper
Of meeting. The sneaker Of the house of
representatives shall preside, but when he
Is contestee speaker pro tenn. shall be
elected.
2. The parties to the contest shall then
their appearance shall be recorded.
3; The he. contestant shall then first intro
mony is closed on both sides, the contest
ant, by himself or by his counsel, may open
the contest. and the oticer-elect may then
his defense, and the contestant be heard
in reply. After the argument of both par
ties is concluded, any member of the house
may offer the reasons for the vote he in
tends to give.
4. The clerk shall keep a regular journal
Of the proceedings.
o.. In deciding the contest the members
shall vote viva voce, and the majority of the
votes given shall decide; but no party to
the contest shall vote, either upon the final
decision or upon any preliminary question
that has reference thereto.
If the contest is in the senate it shall
proceed as nearly as may be according to
the rules above prescribed
Sec. 1S0. Any candidate or elector OF tho
proper city or county may contest the cleo
ton of any person declared elected to any
city or county GO office. He shall give notice
one hundred and eighty-one for services OF
such notice.
If the person whose election Is contested
desires to offer testimony upon points not
specified in the notice OF the contestant,
he shall, in the manner provided in section
one hundred and eighty serve notice
on the contestant specifying such additional
points.
Upon such notices, which are not to be
taken as true until proved, and which may
be amended if the court under, all the cir
cumstanceS deem it just, all testimony
shall be taken as in civil actions, and all
matters relating to said contest shall be
heard and tried by the district court of
the proper county in the manner that civil
actions are tried by the court.
Sec. 1856 Said contest relative to city
or county office shall be brought on for
district court in the manner that civil ac-
tons conducted. Said district court at
the next general or special term, after the
expiration of thirty days after the votes
are canvassed shall hear and determine
the contest; and the judge Of the said court,
in case no general or special term occurs
within ninety days after the canvass Of
the votes shall appoint special term OF
said court. to convene within ten days after
notice of such contest shall be given to him.
Sec 1877. When the judgment or decision
removed to the supreme court, the party
removing the same shall file in the district
court bond to the opposite party. in such
sum not less than five hundred dollars, and
with such sureties as shall be approved by
the judge, conditioned for the payment of
all costs incurred by the respondents ia case
the appellant fail on his appeal
The return said appeal shah be made,
settled, certified and filed in the supreme
court within fifteen days after the date
of service of notice Of appeal, and upon per-
fecting 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
days notice from either party; and tho
same shall be heard and determined in d
summary manner. Such notice of hearing
may be served during the term or in vaca-
ton.
Sec. 1873. After any contest has been in
stituted, 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 dis
trict court upon a verified petition, stating
that he cannot prepare his case for trial
without an examination 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
a third, to whom the inspection and exam
nation of said ballots shall be referred.
Provided, that said inspection and ex-
animation shall be had and conducted in
the presence of the proper custodian of the
ballots; and provided further that the party
making such application shall file with the
clerk Of the district court a bond in the sum
Of two hundred and fifty dollars, with two
sureties, to be approved by the judge Of
said court, conditioned that he will pay the
cost and expense of such examination 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
inspection shall be referred, on his part,
such person shall be selected and appointed
by the Judges Of the district court 10 whom
the application is made.
Sec. 1S9. On the trial OF any contested
election for any OF the offices named
in the one hundred and seventy fourth, the
hundred and eighty-ffth sections OF this acp
the parties to the contest may introduce
written oral testimony, but no deposit
tfons shall be read at such trial, unless the
other party has reasonable notice Of the
time and place Of taking the same
Sec. 100. 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 tire
result when the proposition to remove a
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 snail give nOtlce III Wrilihg
of such contest to the county commissioners,
or one of them, in the county in which
said vote was taken, by serving copies OF
said notices personally, upon said commits
sioners within thirty days after the result
Of said vote: is declared or proclaimed:
Sec. 191. The notice provided for in the
last preceding section 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 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 contest upon the oral and 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 necessary in any such case.
Such commissioners, or upon their fall
ure, any elector of the proper county, may
appear and defend in such contest and
Introduce evidence as in other actions.
Sec. 1872. Whenever in any contested cleo
tion the tribunal trying the case shall de-