Bismarck daily tribune., 1902-10-21

tHe last group Oh VOG1ng places as cre-4
ated by the commissioners and was
equally true of the former group. But
as has been said, NOTHING APPEARS
IN THE PETITION TENDING TO
SHOW THAT. A SINGLE CANDI-
DATE WAS EVER. IN FACT, DE-
FEATE,D, OR THAT A SINGLE ELEC-
TOR HAS BEEN DEPRIVED OF HIS
VOTE AS A RESULT OF SAID
GROUPING OF ELECTION PRE-
C1NCTS BY THE COMMISSIONERS.
But council claim that the original
group Of voting places was in fact lille
gal and that those in question are like
wise unauthorized and illegal. In
support of this contention counsel cite
section 2252 Of the Revised Codes of
1899. Upon the facts shown, coun-
sci, constituting said section, claim and
very forcibly argue that each ward in
the city of Bismarck is itself an cleo
ton precinct and one created by the
very terms of the statute, and further
argue with equal force that if any new
or different voting precincts are at any
time necessary within the city, that
direct authority to create such new
precincts is vested by the statute in the
city council and hence the council alone
has authority to act in such contingen-
cies. -
+ But we will not amplify upon the
views of petitioners counsel for the
reason that this court has reached the
conclusion that, for all purposes of this
case, the court will assume without
attempting to decide the point) that
the views of counsel upon the con-
struction of said section Of the statute
are correct, and that voting precincts
Within the city of Bismarck, upon the
facts stated in the petition, are meas
ured by ward lines and this by the very
terms of section 1852, supra. But
while the case will be decided upon
this assumption, it is but just to coun-
sci representing the defense to state
their contention also They contend
that the creation of the four precincts
in question was necessary or at least
proper, for reasons which are practical,
and further, that such action Of the
commissioners has legal warrant in the
statute. The practical considerations
are stated in THE brief for the defense
as follows: s.nhe action of the county
commiss sioners in creating the pre-
cincts was legal for it is inpossible
literally to comply with the statute de-
claring each ward in the city differ
ent election precinct. Because of the
fact that a portion of the city lies in
the first county commissioner district
and the other portion in the second
county commissioner district, it is not
practicable to have each ward distinct,
for the reason that the first, second
and third wards lie each on both sides
OF the county commissioner district
line. If each ward was to constitute
an election precinct it would be neces-
sary in the first, second and third
wards to have two ballot boxes in one
Of which all persons living in that part
or the ward south of the line would
vote for the county comm issioner of
that district, and in the other one all
persons living north of that line would
vote for the county commissioner in
the other district. AS the ballot is
an entirety and cannot be separated
into different parts the ballots of all
persons north of the line would have
to be placed in one box, and all persons
south Of the line in the other box, The
statute plainly contemlplates that there
should be but one ballot box in each
voting precinct, except that there
should be separate ballot box for the
sole purpose OF receiving the votes OF
women. Section 52O-5o2. Revised
Codes. Another complication is that
the ballots sent to these three pre-
c1ncts would have to have on them the
names Of the two different sets of can
didates for county commissioners: q
portion OF the ballots having the name
OF the candidates for the second dis
trict 1r and the other portion for the
names OF the candidates for the first
district, Again, who is to decide. am,
how can the decision be made, touch
Ing the persons who shall vote the one
ballot 'adltl and who shall vote the other.
ana who is to decide in which Of the
two ballot boxes the ballots are to be
placed" !" n. 5s
E AS to the legal authority Of the com
missicners to create the precincts in
question, counsel say: ut is per-
fectly plain from the provisions OF sec
ton 4S1 OF the Revised Codes that the
spirit Of the law and, indeed the words
OF the law, require In a case such as
this that that portion Of the city lo-
Gated In the first commissioner district
should be made a voting precinct by
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