Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1893-05-11

of the peace of the county in which he re.
sides who will ~oficiate at the taking OF
!. the dispositions and when and where they
! will attend to take the same. s
All notices shall be served at least zen
| days before the day designated therein ZOE
the taking of such deposit1ons, put the time
fixed for the taking of the same snail noU
exceed forty-fve days from the day OF the
election.
Sec. 1872. Said justices, or either OF them,
shall issues subpoenas to al, persons whoss
| testimony is required by either of the par
ties; and said two justices shall take, under
oath, all testimony relating to such ,,e c9n.
seal to the presiding officer, in that Drancn# II
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
contesta mi. he sli Within in ten days after
the contestants notice is served upon hl!n
as aforesaid, serve upon SAID contestan5 n
and eighty-one of this act, a 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
dcpositions) at which time testimony there
in. will be taken before two j%us5ices OF tue
same county. which notice shall be served
at least ten days previous to the time OF
taking sucn testimony.
No testimony shall be taken by said JUS
tees which does not relate to some polnb
specified i'll 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. with
the other documents provided Tor by sec
ton one hundred and eighty-tWo.
Sec. 1874. In conducting any contested
election i'll the house of representatives,
the following rules shall be observed:
/. On the day and at the hour appointed
for that purpose. the house, with proper
officers, shall assemble at the usual place
Of fn1 meeting; T1s sns snea nTeE;d Of f the 3 Whea he he
is q contestee u speaker pro TEN. snall W
elected.
be called by the clerk, and. if they answer,
their appearance shall be recorded.
8. The contestant shall then hen first 1Sa 1 4nat3-
mony is closed en- both as sides. the contest
ant, by himself Oh by his counsel, may open
the contest. and the oiiicer-e.ect may men ntl
his defense, and the contestant be heard
in reply. After the rgument OF both par
ties is concluded. any member OF the mouse
may offer. the reasons for the vote he IN
tends to give. "
4. The clerk shall keep a regular journal
of the proceedings.
shall vote viva yoce. and the majority of the
votes given shall decides, but no party t1
the contest shall vote, either upon the flnaK
decision or upon any preliminary question
that has reference thereto.
Ii the contest is i'll the senate it shall
proceed as nearly as may be according to
the rules above prescribed.
Sec. $50. Any candidate or elector of the
proper city or county may contest the cleo
city or county office. He shall give notice
thereof i'll the manner provided in section
one hundred and eighty-one for services OF
If the person whose election is contested
desires to offer testimony upon points nos
specified in the notice of the contestant,
one hundred and eighty-three, serve notlce
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 Gil
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 arc tried by the court.
Sec. 1856. Said contest relative to a CITY
or county office shall oe Drought {, On s TOT
district court i'll the manner that civil &C
tons are conducted. Said district court at
the next general or special term after ro me
are canvassed. shall hear and determine
the contest; and the judge Of the said court.
within ninety days after the canvass Of
the votes, shall appoint a. special term OF
said court. to convene within ten days aIter
notice of such contest shall be given to him.
Sec. 1871. When the Judgment or DECISION
of the district court i'll any contest snail %
removed to the supreme court the party
| IcIllDNlIS luc StllllC man nv ~ L'S .NHAA
court a bond to the opposite party. Ill sucl
sum not less than five hundred dollars. ana
with such ]sureties as shall be approves bSe
ali costs incurred by the respondent in case
the appellant fail on his appeal:
xe tile ret terfiti ea s and 9thie Hes in sn the D sup menS;
court within fifteen days after the date
of service of notice of appeal, and upon per
brought on for hearing and determinations
before said supreme court at any time when
the same shall be in session, and upon ten
same shall be heard and determined in Il
summary manner. Such notice OF hearing
may be served during the term OF IN vaca-
ton.
Sec. 1ss. After any contest has been in,
stitutcd, either party to, the contest snail
have the right to have the ballots OF d rederfea !,
him to prepare his contest for trial; ana,
upon application by such party to the dis
that he cannot prepare his case for trial
without an examination and inspection. Off
the ballots cast at the preceding election.
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
Provided, that said inspection and ex-
animation shall be had and conducted IN
the presence of the pr rI,,fr custodian fhod 4'o OF n. the
making such application shall Tile with the
clerk Of the district court a bond in the sum
OF two hundred anu lilly uoliaIs, VIII IVY !
said court, conditioned that he will pay the
cost and expense of such examination ana
inspection, in the event that ne snail Ia1l
to maintain his contest.
Should either party to the contest neglecn
or refuse to name the persons to whom sala
inspection shall be referred, on his part;
such person shall be selected and appointed
by the Judges Of the district court to whom
tie application is made.
Sec. 1S9. On the trial of any contested e
election for any of the offices named
in the one hundred and seventy-fourth, the
hundred and eighty-ffth sections Of this act
the parties to the contest may Introduce
written or oral testimony, out no deposl-
tons shall be read at such trial, unless 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, OF changing the county line OF SAID
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 Tor
result when the proposition to remove q
| 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
such elector shall give notice in writing
| of such contest to the county commissioners,
OF one of them, in the county IN winch
said vote was taken, by serving copies OF
sioners within thirty days after the result
of said vote is declared Oh proclaimed.
Sec. 1911. The notice provided for in the
last preceding section shall specify the y
tested. and a copy thereof shall be filed
with the clerk of the district court of the
| proper county within ten days after the
- L. 5:~+u.,+ cnTrpf or ifc fpcf general MN