Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1899-07-27

| peaieu the Revised Statutes Of 1879
and chapter 2SS of the Laws Of 1898
The statutes of 1898 and the amend
ments thereto now govern all genera
elections. Subdivision | of section
~ OF these statutes now reads: The
mayor Of crcrg city shall nominate Il
the common council thereof at theil
first regular meeting in September oil
each year in which an election is 4
held, and if no such meeting is held
then at special meeting which he
shall call for such purpose on the lasl
Tuesday of said month, three persons
for inspectors Of election, two fol
clerks Of election and two for ballot
clerks in each election district there
in, etc. This law does not except
from its provisions cities which are
oincd to towns rs the old law did.
That exception has been repealed.
The language Of the section Just quot
ed is explicit 1t leaves no room for
construction The mayor Of .cvcry
city must do this.
AT what elections are these inspec-
tors and clerks, nominated by the
mayor and confirmed by the common
council to act. and where are the
elections 10 be held? The latter part
Of said subdivision Of section AZ says.
"The persons so appointed inspectors
and clerks in cities shall hold their
Offices for one year and until their
successors are appointed and qualified
and shall act as such officers at every
general, municipal and special election
held within their respective districts
during such term Said section AZ
is part of chapter 5, Wisconsin Stat
utes 1898, which is entitled "Oi eau
cuses, Electors and General hcc-
tions Z The first part Of section II
of said chapter reads. "All elections
under this and the next two following
chapters which chapters relate 10 ju-
dicial elections and elections to till
vacancies shall be held: In
cities, in the wards or election dis
tricts, at the place or places to be
ordered by the common councils
thereof, respectively, at least four
months before such election. unless
otherwise provided by law
Is il the duty Of the mayor and
common council Of the city TO appoint
nj their first regular meeting in Sep
tember, inspectors of election, clerks
aud ballot clerks as the law quoted
from requires; and must the city vote
at the places ordered by the common
council, separately from the town, at
all general elections? These ques-
lions must be answered in the affirm
alive unless there is something in our
charter that eNempts us from the
provisions Of the general election
law of the state. There is only one
clause OF the charter that can be
claimed, to have that effect, which is
section 50, which reads: "No gener-
al law OF this state, contravenin@ the
provisions Of this act, shall be con-
sidcred or construed as repeating,
amending or modifying the same, I'm
less such purpose be expressly set
forth in such law" But there is
nothing in our charter concerning gc,1-
etnl elections, therefore nothing in the
general election law contTaycnes the
charter. Besides, il will be observed
that the section Of the charter Just
quoted does not say that the city of
Lancaster must be mentioned by name
in a general law before such law can
amend or modify provision Of the
charter but only that "such purpose
be expressly set forth in such law.
When, as in said section Il of the
statutes of 1898. it is sal, that the
mayor Of every city" shall nominate
inspectors and clerks Of elections; and
when in said section Is Of the statutes
it is said Hal elections" in cities
''shall be held' in the manner pro-
yided. do not the words every and
ALI expressly include this city OF
Lancaster? DO not the words in said
section ~ that such inspectors and
clerks shall act as such officers At
every general, alaRicipai and special
election" require that such inspec.
tors and clerks shall act at every city
election or it will be illegal?
My purpose in writing this paper j.
to fairly present to your city reader.
the law upon the topic discussed fol
their consideration Let them give
this matter attention. for it is iIupor
tant and especially should the mayor
and council consider ii and determine
whether il be their duty TO appoint
inspectors aud clerks ut their first reg
ular meeting in September, and alsc
within the time preseribedto determine
the place for holding elections within
the city. The time for the first ap.
pointment Of such officers was at Tho
first regular meeting Of the city coun.
ell in September last, for the Wiscon
sin statutes of 1898 went into eifeci
on the first day OF that month. Ii ap
pointmcnts had then been made they
would have been for year and til,
appointments made at the coming
september meeting OF the common
council would be OF successors to tn,
first appointces. The law contcm
plates that in each election district o
every city the offices Of such inpector.
and clerks Shall Away he filled, for i
says that those appointed, although
the appointment is for only a year
shall hold their offices until their sue
cessors are appointed and qualified
There is 10 be next spring a municipal
election and a judicial election an,
unless the officers in question are ap
pointed to conduct these elections il
this city they will not be legal Thi
statement is made upon the assump
ton that the city Of Lancaster is no
q law unto Itself but is governed b,
the laws OF Wisconsin We canno
90 contrary to law in the conduct o
our elections II the city must yot
separately from the town it canno
vote as a part Of the town. Ii tn
voters Of the city should vote is town
ship voters every vote cast by then