Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1908-11-26

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1p1E LEGISLATIVE ..alx.lp."
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legislative Kstnxison 10 This daSs15es.
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I'd. bang personally Interested ie Tie
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obtaisset from T. H. REGISTER, FAnx
partisan of the poittscas facstoo u
which TIE auditor il = rDemtes, a.
vice - To what he should % in the
matter III comparing the votes Of The
Twenty sixth Senatorial District. II
seemed remarkably peculiar To those
acquainted with the facts that the
auditor OF this county should pass
up" the officer authorized by law TO
give advice and counsel TO the other
county officers and go to Bismarck TO
ask and he governed by the sugges-
tions Of an attorney Of that town.
The fact Of the matter Is that 1t WAS
the duty VI the auditor of Emmons
county To go to the county seat Of the
senior county and there act with the
auditor OF that county In comparing
and declaring the vote. IL is imp0s-
siblc TO proceed further In the matter
OF settling the question as TO who
have been chosen from this district To
he members Of the house Of represent.
atives unless he does 10 TO Steele and
do his duty.
Section So Of the 1889 Code provides
That the auditor Of the junior county
shall meet with the auditor of the
senior county and compare the vote
cast for members u the legislature,
aud also issue the certificate Of elec.
ton to each Of those who have been
elected. This section was omitted en-
tifely from the 1905 Code by the codi.
tiers, presumably ny virtue u an en-
sctment in 1903 which was q follows:
The secret iry VI state shall issue
certificates Of election " all members
Of the legislative assembly at the time
that certificates ~ election ~ state
Officers by him are Issued.
All acts and parts OF acts Ia conflict
with the provisions u this ac, are
hcIcby repealed.
IL might be contcnded that this
enactment repealed Section $50 OF the
1850 Code as 10 The issuing of cerliti
Gates OF election; but 1t certainly does
not repeal that portion relating q,
tlle auditors meeting and ,mparinp
the vote.
Section Col Of tile 1905 Code provides
that when tie shall exist b.twecn
Two or more persons for the senate or
mouse ~ Representatives, the county
auditor shall give notice To the steftiY
OF The @ UNITY, who shall immediately
ADVERTISE another election, giving At
least ten days notice." Where there
Is more than one county la = district
u IS reasonable to suppose that com.
mon sense should he used, and that
The auditor Of the senior county should
notify the sheriff Of the senior county.
or the auditors j'in IL the not ijcation
aud the shcrif1s Join IN calling the
election.
The object Ut the auditors officially
meeting aud Comparing the votes r.
Tor the purpose ~ officially determio-
ing whether there has been IN elec-
ton and whether there has been ia
Auditor Pitts, who passes 70 lightly
over the advice " the state i ATTORNEY
" ''in county and R,,es To Bismarck "a
seek ~indon from a prominent LAWYER
~ us political faction, claims TINT
Attorney Register gave him an ooin.
'Df' " the effect that the state hoard
o. canyahssrn would have 10 titxt can.
sasb The vote before they could certify
that there waA tie. Now. AZ mat.
Ef " TACT, tile 81 Ate hoard ~ can.
vahsefs DO not compare " canvas
Ihc votes Cast for lev islativc candi-
Oates, audi have nothing Whatever u, do
wllhtlic hatnc except to issue certth
Gates of election 10 those candidates
Tor the legislature which the auditors
nave shown To b. duly elect I'd. 'rhc