The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-11-07
.L|NCOEN COUNTY
SEAT UND|STURBED
Special Election Removing 1t
From Lake Benton to IVAN
hoe o Held Invalid.

By supreme. court decision of yes
terday Lake Benton becomes once more
the seat of Lincoln county. The court
holds that the special election at
| which it was voted that the county seat
should be removed from Lake Benton
/. to Ivanhoe was invalid by reason of ir-
regularity I'M the proceedings which led
to that election .
/ The election was ordered by the
|, board of county commissioners, and
was held, with the result that Lake
Benton received S12 votes, and Ivanhoe
| 1,0S9. Thereupon the county records
and the seat-of government were trans
/ ferred from Lake Benton to Ivanhoe,
land j. S. Tucker contested the election,
The district court decided in favor of
Ivanhoe, but the supreme court re-
verses the judgment of the lower court
in an opinion by Justice Lovely The
syllabus is as follows: "a
|. ~ Omission Was Fatal.
l. The requirement of section 1, chap
the auditors notice of the meeting of
the county board of commissioners to pass
On the petition for change of the coun-
ty seat shall be posted ten days before
organized town of the county, section
GA, q. S.31S94, applies 7ex. vi terminl to
an Incorporated village within the ter
rltory OF one Or more towns therein
Where the village 5haSa distinct political
powers and holds separate elections at
which the proposed change is submitted
to the electors.
2. The filing of a sufficient affidavit
with the county auditor previous to the
| meeting of the board showing that a
duplicate notice was posted in each town
and village Of the county is a necessary
prerequisite JftoI the authority of the
70 - ,irrI lt6 inn 70 rot
on change }of1a county seat, and unless
the statute Is complied with in this re-
spect the order of the board for a special
election is Without authority and confers
| no right to hold the same.
In a contest under the county seat re-
moval act, the omission to file a sufficient
affidavit of the posting of the duplicate
notices of the. meeting, of the county
board with the auditor prior to such meet
ing cannot be supplied by affidavit filed
subsequent to the special election nor
can the court properly receive or act upon
the same as the basis of its conclusions.
sOther Decisions.
Other cases decided yesterday were as
follows:
William S. Dwinnel1 and John c. Sweet,
/ as receivers gof the Minneapolis Fire
and Marine Mutual Insurance Company
respondents, vs., Minneapolis Fire and
| Marine Mutual Insurance Company ct
| al. defendants; Titus Mareck, appel
liant; Leonard Paulle, George j. Sherer
! and Gustaye J. Heinrich, appellants;
W. A. Elliott ct al, appellants three
cases.
Order affirmed. Sc Lewis. J.
John B. Johnson appellant, vs. John
Joyce, respondent
Order affirmed. s-sg.sasfF -rI4eWis;c. j., r,7
| L.. Lamb Lumber Company, respondent,
VS.; August Benson, ct. al. defendants;
John Frank, Skarda, appellant. "s
rfllf s1fff rrSa0r tnr%
Lizzie Sultan, respondent, VS.. Mime
apoliss ST; Raul & Sault Ste. Marie Ry.
Co.. appellant; Timothy Sullivan, res,
pondent, vs.. Minneapolis, st: Paul &
Sault Ste. Marie Ry. Co, appellant; two
cases.
Order, reversed. @'"t' s. Lewis J.
c.. Mueller, appellant VS.. Peter Olsen,
respondent 80 .ft. IN agar fssrtz 81 81
Order reversed and new trial granted.
| sisae a4i91 LEWIS 80
|. A. j. Finnegan, respondent VS.. Camille
A. Brown ct al, defendents;l A. A.
/ Brown, appellant
Judgment reyersed.Jei y'rr-CollinssvJ. 2
Matthias Thomas, respondent, VS.. Henry
| III. Smith, appellent =
| Order reversed and new trial granted.
| 80 ,6s59C e --fia
Thomas Kileen. appellent vs. Andrew e.
| Kennedy and Agnes Kennedy, his wife,
respondents.
| Order affirmed. Collins, j.
It~- -
J. B. Streeter Jr Company, appellant, vs..
Joseph Janu, respondent.
Order reversed and new trial granted.
tDsg' $ Collins, j.
Lotus Hubbard Elevator Company, ap-
pellant, VS.. Smith Alvord Company ct
| al, DEFENDANTS; R. Smith, respondent.
Order affirmed. Brown, j.
State of MINNESOTA ex REL Roscoe F.
Hersey ets al. REALTORS, VS.. District
Court of Ramsey County ct al, re-
spondents. ., .c
Writ discharged Brown, j.