The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1893-05-11


days before the day designated therein for
the taking Of such depositions, but the time
fixed for the taking of the same shall MOI
exceed forty-hVe days from the day or the
election.
Sec. 49,. Said justices, or either ox them.
shall issues subpoenaS to all persons whose
ties; and said two justices shall take. under
oath, all testimony relating 10 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. 1873. If person whose election Is
contested coine desires to offer testimony upon
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 eiShty-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 tho contestant in his notice for taking
depositions) ut 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.
| tees which does not relate to some pOS-.
! 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 speaker of the house of
| representatives shall preside, but when he
| is a contestee speaker pro tenn. shall be
| elected.
2. 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 testi-
mony is closed on both sides, the contest
ant, by himself or by his counsel, may open
the contest, and the officer-elect may then
proceed, by himself 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 il
tends to give.
4. The clerk shall keep a regular journal
5. In deciding the contest the members
| shall vote viva vOce, and the majority Of the
votes given shall decide; but party 10
| 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. 1S5. Any candidate or elector Of the
| proper city or county may contest the cleo
ton of any person declared elected to any
| city or county Office. He shall give notice
| thereof in the manner provided in section
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 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
| cumstanCeS deem 1t just, all testimony
shall be taken as in civil actions, and all
and eG S2 he set
the proper county in the manner that civil
actions are tried by the court.
| Sec. 1856. Said contest relative to a city
| or county office shall be brought on for
| hearing and the costs therein taxed by said
district court in the manner that civil &C
| 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 general or special term occurs
J within ninety days after the canvass OF
the votes, shall appoint a. special term Of
| 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
| removing the same shall file in the districn
| court a bond to 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 OF
| the appellant fail ON his appeal.
The return on said appeal shall be made,
settled, certified and filed in the supreme
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 the
same shall be heard and determined in II
| summary manner. Such notice OF hearing
may be served during the term or in vaca-
| ton.
Sec. 1888. After any contest has been in
sttuted, 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 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 selecu
| third, to whom the inspection and exam
nation of said ballots shall be referred,
Provided, that said inspection and ex,
| 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.
| 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
Sec 1S9- On the trial Of any contested
election for % any OF d the names 4ea
one hundred and eighty-first, 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-
tons 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 vote for the removal of the county
seat. or changing the county line OF ,s SAD
| 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 the
| 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 eIectOr 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 result
| of said vote is declared or proclaimed.
Sec: 191. The notice provided for in the the
| points on which said election will be con-.
| tested. and a copy. thereof shall be nis~
| with the clerk OF the diStrlct court OF rff~
| proper county within ten days after the
service thereof upon county commisstSaSj
| 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 deposit1pns
! 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 esse.
Such commissioners, or upon their fafl-
| ure any elector of the proper cous.ty, may
| appear and defend in such contest. apS
| introduce evidence as in other actions.