, 1897-04-28
some SCRAPS OF Law.
WHICH MAY Be UNDERSTOOD BY
THOSE NOT UP IN LEGAL
LORE.
The Only General Law Does Not Pro-
vide for an Election in Case Of a Tie
~-And the City Law Was Doubtless
Passed for the Purpose OF Bringing
Municipalities Under Its Provisions.


Passed for the Purpose of Bringing
Municipalities Under Its Provisions.
The city canvassing board will meet
again this evening at 1880 o'clock, and
1t is probable that some decisive action
will be taken in the matter of the Third
ward tie. Having ~canvassed the vote
1t is the duty Of the board to certify to
the city council that a tie exists between
Aessrs. Fee and Bamforth and then, il
the new law lie in force, it becomes the
duty OF the council to decide between
the two men. The law is mandatory and
1t Is not a matter Of choice with the
council.
Our present law was passed in Feb
ruary and under Its provisions one pc
Hceman and two coupcilmen have been
appointed and confirmed by the coun-
Gil. The terms Of the officers elected at
the city election are provided for in the
new law. and extend far beyond the
terms fixed by the old law. Mr.. Settele
was appointed under the provisions OF
the new law and yet wishes the tie de-
cided under the provisions of the old
law, q careful search Of which does not
reveal any provision whatever for dis
posing OF ties at municipal elections.
The only general law OF the state here
tofore in existence providing for decid-
ing ties 10 that which was passed by the
Legislature Of 1895, as follows:
Section 1. When 1t shall appear upon
the o6icial canvass Of any vote cast at
any general election, that two or more
persons v each received the highest
and equal number Of the votes cast at
such election. for that office, and the Of
flee to be filled be a county Office, then
the board OF county commissioners shall
meet before the first day Of January
next succeeding such election. and de-
termine by vote OF such commissioners,
which Of the persons having such tie
vote shall be declared elected, and such
vote Of the board Of county commission
ers shall be made a matter of record by
the county clerk. and he shall issue to
the person so elected a certificate Of his
or her election.
Sec. 2. When upon the official can
vass Of any vote cast at any general cleo
ton for a state office. it shall appear that
two or more persons have received an
equal and highest number Of votes cast
for that office. 1t shall be the duty OF the
state legislature, converting in the Jan
nary next succeeding such election, to
meet in point session of the senate and
house Of representatives upon the first
day Of The session thereof, or as soon
thereafter as both houses shall be
duly organized. and determine the tie
vote by vote in the provided for
the election of United States majors
and the result shall be certified to the
secretary Of state, by the president Of
the state senate, who ehall preside at
such joint session. And it shall be the
duty Of the secretary OF state to issue
to the person 80 chosen a certificate Of
his or her election.
Section 9 Of the new municipal law
reads as follows:
Section 9. When a tie shall occur in
the election Of any city officer, the coun-
ty clerk shall certify that fact to the
city council. and such council shall, by
order or resolution. entered Of record,
declare which Of the persons receiving
the same and equal number OF votes at
said election, shall be elected. and there
upon, the person declared elected shall
be entitled to hold the office for the full
term thereof.
1t don't require any great amount of
legal learning for any man to see that
it was clearly the intent Of the legisla-
ture to follow up the general laws al
ready in force and extend their provi-
sions to municipalities. BY deciding ties
in this amer a great saving is made
to the people and. generally speaking,
no harm is done.
At the meeting OF the canvassinS
board Monday night Councilman Miller
raised a point which has a direct bear
ing upon the question at issue. admit
ting" he said, that section four provid-
ed that the recent election should have
been held under the old law, the cleo
tion has been held. and it's provisions
could not possibly apply to any future
elections."
That is the situation in a nutshell.
Even II the new hw, section 4, does pro-
vide that the old law should have been
used at the city election, that election Is
a thing Of the past and section 4 10 now
a nulfity.
Under the old law there is no pro-
vision made for the deciding OF ties in
the case Of municipal elections, the state
laws covering state and county elections
only. but 1t was probably the intent Of
the legislature 1t the time the law WAs
passed to include cities and towns ~
we'll. The fact that they were left out
Awarded
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