The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1893-05-04


Of o1at the pea peace ef the county IN which he res
: the dispositions and when and where they
VIII |, attend to take the same.
AZ notices shall be served at least ten
the taking of such dispositions, but the time
nxed Tor the taking Of the same shall not
exceed forty-ive days from the day of the
Seq, 1872. Said justices, or either of them,
snaii issues subpoenas to all persons whose
ties; and said two justices shall take, under
oath, all testimony relating to such con-
tested election, and certify the same under
seal IT; 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. 1873. If a person whose election is
contested desires to offer testimony upon
points not specified in the notice of the
contestant son ne shall within ten days after
as aforesaid, serve upon said contestant in
the manner provided in section one hundred
and eightyone 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
depositions) at which time testimony there
in will be taken before two justices Of the
same a 3eoe county, which notice shall be served
taking such testimony.
No testimony shall be taken by said JUS
tees which does not relate to some point
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.
election in the house of representatives,
the following rules shall be Observed:
L. On the day and at the hour appointed
| officers shall assemble at the usual place
| Of meeting: The, speaker Of the house OF
| representatives shall preside, but when he
| is a contestee a speaker pro TEN. shall be
| elected
2. The parties to the contest shall then
their appearance shali be- fecorde ey answer
| ). The contestant shall then first intro-
d~ee his o Testimony f and after the test
ant by himself or by his counsel, may open
the contest, and the oticer-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
T. 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 pro as nearly as nay be according to
Sec. IS Any candidate or elector Of the
proper city or county may contest the elec
city or county office. He shall give notice
thereof in the manner provided in section
one hundred and eighty-one for services Of
| such notice.
If the person whose election is contested
desires to offer testimony upon points nou
| specified in the notice OF the contestant,
| one hundred and eighty three, 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
c Gums an deem it Just, all testimony
heard and tried by Tie district court Of
the proper county in the manner that civil
actions are tried by the court.
Sec. 1S6. Said contest relative to q city
or county office shall be brought on for
hearing and the costs therein taxed by said
district court in the manner that civil ac-
tons are conducted. Said district court at
the next general or special term, after the
are canvassed.- shall hear and determine
the contest; and the judge of the said court,
in 1,+{ case no general or special term occurs
the votes, shall appoint a special term OF
said court, to convene within ten days after
Sec. Isl: When the Judgment or decision sion
of the district court in any contest shall be
removed to the supreme court, the. party
| IcLlONluS Tic same shall lie Ill Tile ulSCTlcD
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 respondent in case
the appellant fail on his appeal.
The retuH on said laid shall be made
court within fifteen days after, the date
Of service Of notice Of appeal, and upon per ,
brought on for hearing and determination
the same shall be in session, and upon ten
days. notice from either party; and the
same shall be heard and determined in q
summary manner. Such notice of hearing
may be served during the term or in vaca-
ton.
Sec. 1888. After any contest has been in
stltuted, either party to the e, contest snail
to 15e e OF enab
him to prepare his contest for trial; and,
upon application by such party to the dis
trict court upon verified petition stating
that he cannot prepare his case for trial
without examination and inspection Of
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
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 al, of the
making such application shall file with the
clerk Of the district court a bond in the sum
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 to 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 acu
the parties to the contest may introduce
written or oral testimony, but no deposit
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 for
| the county seat to be such; or to the
result when the proposition to remove a
county seat is declared defeated, or as to
any county line declared established by said
vote; OF as to the result Of any vote upon
any subject submitted as aforesaid.
| Such eector shall give notice in writing
of such contest to the county commissioners,
or one of them, in the county in which
said vote taken, by serving copies of
; said notices personally, upon. said commits
sioners within thirty days after the results
of said vote is declared OF proclaimed.
Sec. 191. The notice provided for in the
last preceding section shall specify the
points on which said election will be con,
with the clerk Of the district court Of tn
: proper county within ten days after the
service thereof upon a county commissioner;