The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1899-12-14
THE BANKING LAW.

The decision of the supreme court goes
much further than was at first supposed
and holds that the regular notice of cleo
ton requires but one publication. Up
to the time Of the adoption of the Aus
rralian ballot SYSTEM the statutes requir-
ed that the election notice be published
from the date of the notice continuously
up TO the time of the election 70 which
itrefers. The legislature in 1898 omitted
mentioning the time during which the
election notice was to be published and
simply stated that the county clerk shall
forthwith publish such notice. The SUI
preme court decides that this means only
one publication. There are other means
employed to inform the voter that an
election is to be held and the publication
of the notice was simply to set the cleo
ton machinery in motion.
This is an Interpretation of law and
not positive enactment, but it Is now
law and newspapers which published an
election notice more than one week have
received money to which they are not
entitled. This probably strikes every
English paper i'll the state and as
the Australian ballot system prevails
throughout the country. it is not at all
unlikely that every English paper in the
United States is affected.
Up to 1898 the continued publication
of the notice was mandatory. There
have been three general elections held
since thenin 1894, 1896 and 1898 County
Clerks naturally believed that as publ
cation of the notice was required, con
tinuous publication was meant as before
and it is quite possible the legislature SO
intended, if any thought was given che
matter. The construction of the court
is commendable, however, as it does
away with a publication which was
wholly unnecessary.
A reference to The Pilots books shows
it published the election notices in 1894
being 81 folios s times for which it re-
ceived $61 o. and in 1896, II folios 8
times for which it received $40. so, but
these notices included proposed amend
ments to the constitution. The Pilot
stands ready to return to the county
what the decision OF the supreme court
says is illegal when the county board re-
quires it.
There is another feature of the deci-
sion which is equally cOmmendable. No
compromise can be legally made with a
publisher for less or more than the 1ates
fixed by law for publishing notices. The
Manitowoc Citizen published the pro-
ceedings of the spring session of the
County Board for 10 cents per folio. 1t
is entitled to 60c. per folio under this de-
cision. All English papers for some
years published the proceedings for zoe
per folio when they should have received
soc. per folio. 1t is hardly probable the
publishers will try to recover this and it
is doubtful whether they could as NUM-
cipal corporations are given many pecu
liar advantages in limitations.
The decision leaves no doubt that what
was paid for publishing the banking law
and what was paid for publishing cleo
ton notices since 1898, in excess of what
is legal, can be recovered, as the county
board cannot authorize any payment
which is illegal nor can any official obi
gate the county for anything not au-
thorized by law. The decision is very
important one and clears up the atnos-
phere considerably.
HENRY HINRICHS Druggist guaran
tees every bottle of Chamberlain Cough
Remedy and will refund the money to
any one who is not satisfied after using
two-thirds of the contents This is the
best remedy in the world fo, la grippe.
coughs, colds, croupand whooping cough
and l. pleasant and safe to take. 1t pre-
vents any tendency Of a cold to result in
pneumonia. teb2s