New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22

{ once q any public oancer elected under the
any city therein. the spefsOn who received
: the next highest number Of votes for such
office ct the election ct which such public
officer was elected. as shown BY the Official
count, may present an application In
| writing, and verified by his affidavit. to
the attorney general, setting forth one or
public officer. to-wit: That &C the election
at which such public officer was elected
the total amount expended, contributed or
candidate. or that the votes were secured
Dy him or his agent or agents, or with his
consent Or connivance, or with the consent
or connivance of his agent or agents. by
| some committee or organization or some
political party Of which party such public
officer was nominee, or by which he was
supported, or the agent or agents of some
| such committee or. Organization, by paying,
contributing, offering or promising to con-
tribute money or other valuable thing as
compensation OF reward. or by some
or votes, or that votes were withheld from
such applicant by reason of such practices
by or on behalf Of such officer, agent, COM
| mittee or organization, or by reason of
some act on behalf of such officer declared
by this act to be unlawful; and further.
setting forth that the applicant desires
Sdlu HtIOEu0y general slDrlUS an dCCiOn
to have such public ONCE declared vacant
on account Of said violation Of the laws
concerning elections Such application shall
pc accompanied by bond to the State Of
| dollars. subscribed by two sureties who
shall Justify as freeholders Of : the state,
and In double the amount Of such penalty
| exclusive of all their debts and liabilities
and property exempt by law from levy
and sale under execution. such bond to be
conditioned for the payment to the state
Of all taxable costs and disbursements
for which it may become liable for or on
account Of such action.
Sec. II. 1t shall be the duty Of the at
torney general, within ten days after the
begin action against such public officer
or to instruct the prosecuting attorney of
the county in which such public officer re-
sides, to bring such action within ten days
vacant. and for such other or further re-
lief appropriate in an action against the
usurper Of any office or franchise. Said
action shall be deemed to be- and shall
be conducted according to the rules pre-
scribed by law for an action against the
usurper Of an office or franchise. and 1T
torney to bring such action within ten days
after the receipt of such notice from the
attorney general.
Sec. y. In case the attorney general and
prosecuting attorney shall neglect to or re-
fuse to bring such action within the time
| limited in section II of this act it shall
be lawful for the applicant to bring such
action in the name of the state, but at his
own expense and by his attorney. or at
| torneys, and in any action so brought
by said applicant no recovery of costs and
| state; provided, that in any case whether
| instructed by the attorney general or the
| prosecuting attorney or by the applicant in
person, if the court shall. at any time
pending such action, find the bond given
rs aforesaid inadequate in amount to cover
the costs accrued or likely to accrue in
the cause, or shall find 5.4. any surety or
other sureties may be required by the
| court within such time and upon such
terms as the court may order; and upon
of the court, such action may be dismissed
at the cost of the applicant and his sure
| ties.
Sec. Is. If 1t shall be determined in any
charges defined in section 10 Of this act,
and set forth in the petition, has been sus-
| tanned, Judgment shall be rendered oustinS
| and excluding such defendant from such
office and in favor of the state or plain
! tiff, and the case may be subject to the
| provisions Of the next succeeding section.
| and for the costs of the action. But II
| none Of the charges set forth in the petit
| ton In said cause be sustained, Judgment
shall be rendered against such applicant
and his sureties OH the bond or bonds for
| the costs of such action.
| Sec. ii. In any such action such appli-
| cant, upon his own motion or on the
| motion of the defendant. shall be made
party pant ana In any case in wnle
Of custer against the defendant shall be
| rendered rs provided in section II of
this act, said Judgment shall award such
office to said applicant. unless it shall be
| further determined in such action, upon ap-
propriate pleading and proof by defendant.
| that some act has been done or committed
lar action against such plaintiff had he
| been declared elected to such Office, for
a judgment of custer against him: and If
| it shall be SO determined at the trial such
Office shall be in the judgment declared
vacant and shall thereupOn be fined, by
| appointment or a new election, as may be
otherwise provided by law regarding such
| Office. .- IT,.
! Sec. Is. No person shall be excused from
| answering any question on trial of such
| action relating to any Of the acts claimed
to have been committed by any party
thereto, or any of the persons. committees
or organizations mentioned in the twelfth
section Of this act, en- the ground that
such answer would tead to incriminate or
such answer Shall be received or used
| against him in any criminal proceeding.
Sec. Is. Every two or more persons who
shall be elected. appointed, chosen or as
part, Of raising, collecting or dfsbursing
money, or Of controlling or directing the
| raising, collection or disbursement of
money for election purposes, and every two
| the raising, collection disbursement, or
in controlling or directing the raising, col
| lection or disbursement OF money used or
to be used in fortherance of the election
| or defeat the election to public office of
! any person or any class or number Of
persons, or in furtherance of the enactment
ordinance or constitutional provision, shall
be deemed a political committee within
! the meaning of this act
| Sec. II. Every political committee shall
inf md 1u nfoSn fr-on
urer, to receive. keep and disburse all
| sums of money which may he collected
or received or disbursed by such committee
| or by any Of it's members for any Of the
act, for which such committee exists or
| acts, and unless such treasurer is first ap-
pointed and thereafter maintained it shall
be unlawful and violation Of this act for
| a political committee or any of it's mem
| bers to collect, receive or disburse moneys
for any such purpose. All money collected
committee, or by any member or members
| thereof, for any of the purposes mentioned
| such committee exists or acts. snail be
| in section 16 Of this act. and for which
| paid over and made to pass through the
hands of the treasurer of such committee
and shall be disbursed by him; and it shall
! be unlawful and a violation of this actor
any political committee, or for any member
| disburse or eXpend money for any of the
objects or purposes mentioned in section
16 of this act and for which such COM
| mittee exists or acts. until the money so
disbursed or expended shall have passed
through the hands Of the treasurer of such
political committee.
Sec. 10. Every treasurer of a political
| committee, and every person who shall at
any time act such treasurer. shall,
whenever he receives diSburseS money
as such treasurer. or for or on account of
any of the objects or purposes mentioned
| in section 16 Of this act, immediately enter
and thereafter keep in proper book or