St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-05-04

All notices shall be served at least ten
days before the day designated therein for
the taking of such dispositions, but the time
fixed for the taking of the same shall nob
exceed forty-fve days from the day of the
election.
See 49, Said justices. or either of them.
shall issues subpoenas to all persons whose
testimony is required by either of the par
ties; ana said two justices shall take under
oath, all testimony relating to such con-
tested election, and certify the same under
seal to the presiding officer, in that branch
of the legislature where the person whose
seat is contested is returned to serve at the
next session.
Sec. 1S3. 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, 4 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 poinb
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
lature where the contest is decided With
the other documents provided for by Sec
ton one hundred and eighty-twO.
Sec. 1874. In conducting any contested
election in the house of representatives,
the following rules shall be observed:
1. On the day and at the hour appointed
for that purpose, the house, with proper
officers. shall assemble at the usual place
of meeting. The sneaker of the house of
representatives shall preside. but when he
is q cOntestee speaker pro TEN. shall be
elected.
.. The parties to the contest shall then
be called by the clerk, and. if they answer,
their appearance shall be recorded.
3. The contestant shall then first intro
duce his testimony; and. after the tesd-
mOny is closed on both Sides the contest
ant, by himself or by his counsel, may open
the contest, and the of1cer-elect may then
proceed, by himself or counsel, to make
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.
f. The clerk shall keep regular journal
of the proceedings.
D. 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 inal
decision or upon any preliminary question
that has reference thereto.
! III the contest is III the senate 1t shall
proceed as nearly as may be according 10
! the rules above prescribed.
Sec. 1S5 Any candidate or elector Of the
ton of any person declared elected TO any
| city or county office. He shall give notice
| thereof in the manner provided in section
one hundred and eighty-one for services or
| such notice.
If the person whose election is contested
| desires to offer testimony upon points nOb
| specified in the notice of the contestant.
! he shall, i'll the manner provided IN section
| one hundred and eighty-three, serve notice
on the contestant specifying such additional
| points.
| 70 no
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 us 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 Tor
| hearing and the costs therein taxed by said
| district court in the manner that civil ac-
! tons are conducted. Said district court ar
| the next general or special term after the
expiration of thirty days after the votes
are canvassed. shall hear and determine
| the contest; and tho judge of the said court,
| i'm case no general or special term occurS
! within ninety days after the canvass OF
| the votes shall appoint II special term or
said court, to convene within ten days AFTER
! notice of such contest shall be given to him.
! Sec. 1871. When the judgment or decision
| of the district court in any contest shall be
removed to the supreme court, the party
|
court q bond 10 the opposite party, in such
sum not less than five hundred dollars, and
with such sureties shall be approved by
| the Judge, conditioned for the payment or
all COSTS incurred by the respondent W case
! the appellant fail on bis appasL
The return on said appeal shan 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
| q
the same shall be in session, and upon ten
days notice from either party; and the
same shall be heard and determined in u
! summary manner. Such notice of hearing
| may be served during the term or in vacA-
| ton.
Sec. 1888 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 Il verified petition, stating
! that he cannot prepare his case for trial
! without an examination and inspection or
! the ballots cast at the preceding election,
the Judges of said court Snail appoint tnrce
! 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 BOND In the sum
| of two hundred and fifty dollars, with two
sureties 10 be approved by the Judge or
said court, conditioned that he will pay the
! cost and expense of such examination and
inspection. in the event that lie 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 to whom
| mill ig made
| Sec. 1S9. On the trial Of any contested
| election for any of the offices named
in the one hundred and seventy-fourth' me
one hundred and eighty-tirst or the one
| hundred and eighty-ffth sections OF this aco
| the parties to the contest may introduce
written or oral testimony, but no deposl-
| lions 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 n 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 eiector therein may con
! right Of the place declared to be selected Tor
the county seat to be such; or as to tEe
| result when the proposition to remove q
! county seat is declared defeated, or as 10
! any county line declared established by said
vote; or as 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 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 reSulb
! of said vote is declared or proclaimed.
| Sec. 1911 The notice provided for in the
last preceding section shall specify the
points on which said election will be con
| tested, and a copy thereof shall be filed
with the clerk of the district court Of the
proper county within ten days after tho
service thereof upon county commissioner;
| +l,o otyrt a
| 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
AI.r laIr.