The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-09


4. Electors are not entitled to vote
on the question OF dividing a county
and creating a new county. submitted
at a general election unless their
names are contained on the registry list
required In cities OF 500 Inhabitants
or more, without furnishing the am
oavlt prescribed as substitute for
registration.
D. The term general election" found
III tine registration law, was there used
20 Identify and designate the whole
election held on the Tuesday after the
nrst Monday in November In even
numbered years.
.. The Legislative assembly mar
prescribe reasonable regulations to
prevent fraud, preserve order, and in
sure fair election, and to that end
may prescribe the method by which
the qualifications Of those Offering theft
votes as electors may be proved. and
prohibit the reception of votes I'LL less
the requisite proof is made.
2. The prohibition contained in
secion 738, r. c. 1905, reading: mo
vote shall be received at any election
In this state If the name of the voter
offering such vote is not on the regis
tratton list, unless such person shall
furnish to the judges of the election
MS affidavit stating that he is q. resi-
dent of such precinct, giving mis- place
OF residence, etc." is within the mower
delegated to the legislative assembly
10 prescribe reasonable regulations for
making proof of the qualifications of
those offering to vote at an election.
B. The prohibition contained in
Sec. 1913, r. G. 1905, reading, "No vote
snail be received at any election in
this state If the name OF the voter of
fer1ng such vote is not on the reeistra-
uon list, unless such person shall fur
nlsh to the judges of the election his
affidavtt stating that he is a resi-
uent of sue precinct, giving his place
or residence, ETC." is an express pro-
hibltion and is mandatory and votes
received In violation thereof are in
valid and cannot be counted.
3. At the general election held in
1908 the question of creating the coun-
W Of RenviAe from a portion of Ward
county was submitted to the voters of
ward county and a large number of
persons voted thereon in the city of
kenmare without being registered or
making proof on the day of election of
their qualifications as electors as re-
CURED by section 7ss, r. c. 1905. and
their votes were received and counted
oy the canvassing board.
Held: In a contest over the result
of the election on such .uuestion that
the votes of all persons so voting must
be rejected.
10. At the primary election held in
the city of Kenmare for the nomination
or candidates for state office in June.
1908, 207 persons voted and LIST of |
those who voted was preserved. The
primary election referred to was con- |
Quoted by the same officers who would. |
under the general registration law,
have charge of the registration of yot-
ers.
Held: That the list so preserved. |
the provision of the |
primary election law which attempted |
to make the primary election the first |
day of registration is invalid, consti- |
tutes de facto registry list and the |
2O7 persons whose names were con- |
tanned on such list were entitled to |
vote and have their votes counted |
without offering the aff1davits required |
Of unregistered voters to entitle them |
to vote, in-assmuch as sucn voters I
had performed the only acts required I
Of them by the law which had not
then been adjudged unconstitutional
and werer not required to foresee
that the election officers would neglect /
their duty by failing to make use OF
such list on the day OF election. or
TO conduct an investigation before
voting to ascertain whether the Of /
acials were complying with law in
all respects.
IL. Applying the principles above
stated and giving the contestant the 1
benefit of all doubtful votes still leaves
majority against the creation of the
new county OF Renville and 1t is there
Tore held that proposition to create
that county was defeated.
(Sylabus by the court)
Appeal from district court, Ward
county, Templeton, Special J.
Contest on an election held to vote
upon the creation of the new county
IF RenviIle.
Affirmed
George A Ryerson and George A.
5angs for appellant.
or appellant
Gray & Gray, p M. Clarke. I. r.
1lausen and Scott Rex for the re-
Ipondept.
Opinion Of the court by spaulding.
+, all concur.