Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-01-25
CANVASS OF
OF the Election in the Counties of
Ward, Bottineau, McHenry and
Rolette, on the Proposition to
Locate the School Of Forestry of
North Dakota.

We, the undersigned, members OF the
State Board Of Election Canvassers of the
State OF North Dakota, do hereby certify
that we convened at the office of the Sec
rotary of State, in the city of Bismarck, on
the l1th day of December, 1894, as a board
OF election canvassers, and proceeded to
examine the election returns, certified to,
and filed in the Office of the Secretary of
State, including the returns of the vote cast
in the counties OF Ward, Buttineau, Nc
Henry and Rolette, in said state, on the
proposition to locate the School of For
estry Of North Dakota; that Alexander
Hughes appeared before said board, on
said day, as counsel for the people of the
city OF Bottineau, in said county of Botti-
nean, and presented the attidaVits OF wit
hesses, from which it appeared that one
hundred and tifty-One females voted in the
county of Ward, at the general election
held in said county of Ward, and in the
state OF North Dakota, or the 9th day of
November, 1894; that each and all of said
one hundred and tifty.one females voted
upon the said proposition and in favor of
the city OF MinOt, as the location for said
school, and that all of said votes so cast by
females. were canvassed and counted by
the Board of Election Canvassers of the
county OF Ward, as votes cast in favor of
the SAID city Of Minot for said locations;
and thai the said one hundred and ffty-one
votes were included in the total vote re-
turned by the said Board Of Election Can
vassers OF said county of Ward, in the Ger
tificate flied by the County Auditor and
said board, III the office OF the Secretary of
STATE; and that the certificate and return
OF the votes cast in the said county of
ward, upon said proposition, as returned
correct, in that it included one hundred
and flfty.one more votes cast for the said
city OF MinOt for said location than were
cast by the qualified electors of said
county.
And it further appearing from the face
OF SAID certificate that there were one hun-
dred and five more votes cast on the propO-
sltion to locate said School of Forestry than
the total vote cast for any candidate voted
for III said county at said election: and the
certificate Of the County Auditor Of the
said county of Ward to said returns, being
insufficient in this: That he did not certify
That the said abstract and return contained
a correct statement and abstract OF the
votes cast in said county on said PROPOSE
ton, and the Board of Canvassers, upon
due consideration requested the County
Auditor OF said county to explain and correct
said returns and certificates, and to appear.
IT he so desired, before said board; there
upon the board adjourned until the follow
ing day, and its duties as such Board of
Canvassers being incomplete, and it ap.
pearlng that corrected returns of the vote
cast IN said county of Ward, upOn said
proposition, could not be obtained before
the 18th day OF December, 1894. it adjourned
to said date, and it then appearing from
letters and kilograms presented to said
board, and from other evidence that an al.
Tentative writ of mandamus had been
issued by the judge of the Second Judicial
dlstrlct, commanding n requiring said
Board OF Election CUnvassers Of the county
OF Ward. to %recOnvene and the
election returns from the election precincts
or CHl0 10I1ntV 1nCOf9f. 0c II rnlntp<@ = ~ tl>>
vote cast therein upon the said proposition:
aud III making said canvass to count only
the vote shown by the said returns to nave
been cast by the male voters OF said county
upon said proposition. to make a correct
abstract thereof, and commanding the Au-
ner required by law, an abstract of said
vote, and file the same in the Office of the
Secretary of State.
And it further appearing at said time
that said corrected abstract and return had
not been received by the Secretary of State.
the board, upon due consideration, ad-
journed until the S1st day of December,
1874, at which time it again convened, and
IL then II there appearing that the legal
questions involved in said action and pro-
ceeding pending before said Judge had not
been finally determined, a further adjourn
ment was taken until the 5th day of j IN
uary, 1875; and now on the date last named
the board having ~reconvened pursuant to
adjournment. Alexander Hughes appeared
before said board, as counsel for the said
city OF Bottineau, and submitted to the un-
dersigned, as said board, a peremptorv
writ of mandamus, addressed to the said
Board of Election Canvassers of the said
county of Ward, in a suit wherein the state
ct North Dakota, on the relation of F. w.
Cathro. was plaintiff, and the said Board Of
Election Canvassers and the County Audi
tor OF the said county Of Ward were the
defendants. That said writ and decree was
duly signed by the presiding Judge of the
court IN which said action was pending, to
wit: ID; q: Morgan, the Judge Of said Sec
ono Judicial district; that i'll said final
Judgment and decree the said court, after
a trial of the issues involved in said &C.
ton, found II determined that the certlti
cate and abstract of the votes cast in the
county Of Ward, upon said proposition,
and filed in the Office OF the Secretary of
State, in which it appears that six hundred
and nlnety-seven votes were cast in the
county OF Ward, at said election, on said
proposition was false and fraudulent: that
five hundred and forty-six legal votes were
cast at said election. in said county of
Ward, and no more, in favor of the village
OF Minot, for said location.
And it further appearing by the said
Judgment and order Of said court that the
members of said Board of Election Can
vassers and the said County Auditor were
required to assemble and reconvene as a
Board of Canvassers for said county, on
the 3rd day of January, 1896. and to count
and canvass and make a correct abstract
of all the votes cast by the male voters in
each Of the precincts in said county, upon
the said propositions shown by the returns
from the precincts therein, and to reject all
the votes cast for the said proposition by
female voters, and to make correct abstract
of the votes of the said male voters on
said proposition at said election, and to i'm
mediateiy make a certified COPY of said
corrected abstract, and forthwith forward
the same to the Secretary of State; that
said writ and Judgment OF said court is
dated December %, 1894.
AND it further appearing by the affidavit
of the deputy sheriff of the county of Bot
tineau, that he proceeded to the county of
Ward on the S1st day of December, 1894,
and made diligent search and inquiry for
said defendants. and each of them: that
said original writ was in his possession.
and that he went to said place to serve the
same upon said defendants.
And it further appearing from said afb-
davit that said defendants evaded the sery-
ice of said writ by hiding from said officer,
and that he was unable to serve the same.
Now, therefore, we find that at the gen
eral election held on the 9Th day of Novem-
Der, 1884, that there were cast i n the coun-
ties of Bottineau, McHenry, W ard and
Rnt0ff0 VvnntN fE0 L.