Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-04

1Str0t1On law WuICu AAoS tAo III 81 Joy
of registration as the Tuesday two
weeks preceding a general election or
any city election, remains in full force
and effect.
A. Electors are not entitled to
vote ON the question of dividing a
county and creating new county, SUD-
mitted at a general election, unless
their names are contained on the reg.
istry list required in cities OF 500 in
habitants or more. without furnishing
the affidavit prescribed as substi-
tute for registration.
5. The term general election
found in the registration law was
there used to identify and designate
the whole election held on Tuesday
after the first Monday in November,
in even numbered years.
6. The legislative assembly may
prescribe reasonable regulations to
prevent fraud, preserve order. and in
sure a fair election, and to that end
may prescribe the method by which
the qualifications Of those Offering
their votes as electors may be prov
ed, and prohibit the reception of votes
unless the requisite proof is made.
7. The prohibition contained in
section 1888, R. c., 1905, reading: I'M
vote shall be received at any election
in this state if the name of the voter
Offering such vote is not on the regis
tration list, unless such person shall
furnish to the judges of the. election
his affidavit stating that he is a res
ident of such precinct, giving his
place of residence, etc." is within the
power delegated to the legislative as
sembly to prescribe reasonable regu'
lations for making proof of the quail
fications of those offering to vote 1T
an election.
8. The prohibition contained in
section 1888, R. c., 1905, reading: mo
vote shall be received at any election
in this state of the name is the voter
offering such vote is not on the reg
istration list, unless such person shall
furnish to the judges of the election
his affidavit stating that he is resi-
dent of such precinct, giving his place
of residence, etc." is an express pro-
hibition and is mandatory and votes
received in violation thereof are in
valid and cannot be counted
9. At the general election held in
1908 the question of creating the coun-
ty of Renville from a portion of Ward
county was submitted to the voters
of Ward county and large number OF
persons voted thereon in the city of
Kenmare without being registered o.
making proof on the day of election
of their qualifications as electors as
required by section 1888, R. c., 1905,
and their votes were received and
counted by the canvassing board.
Held, in a contest over the result
of the election on such question that
the votes of all persons so voting
must be rejected.
10. The prime purpose of the regis.
tration law is to prevent the perpetra-
ton of frauds in elections and it must
be construed in the light of such OBJ
ject. The object of the meeting OF
the board of registration on the dates
fixed by statute preceding each gen
eral election is to provide for the
preparation of the registration list
which is the elimination of the pro
ceedings of the board of registration
without which their meetings and acts
would be futile, as well as all other
provisions of the registration statute
Held, under all ordinary circum
stances the presence and use of such
list on the day of election in cities
coming under the terms of the regis
tration law, is mandatory and that all
votes received in the absence of such
sr% with nj Y
the affidavit required of non-register
ed voters, must be rejected.
II. Section 1884, R. c., 1905, pro
vides that no refusal or neglect on the
part of any official to perform his
rightful duty in connection with al
election on the division of counties
shall in any wise effect the validity
of such election, applies to the mino
details and irregularities Of such off
GERS and the conduct of the election
and not to the mandatory require
ments of the registration and election
statutes and in case no registry lis
is present or used at the polls, tn
duty is upon the person seeking tt
vote to furnish the statutory afidav
it's, and falling to do so, their vot'
should neither be received nor count
ed
Appeal from the district court o
Ward county, Templeton, Special J.
Contest on election held to vote up
on the creation of the new county o
Renville.
Reversed.
George A. Ryerson and George A
Bangs, for appellant.
Grany and Gray. P. M. Clark, L. F
Clausen and Scott Rex, for respondent
Engerude, Holt and Frame, Of coun
sci.
Opinion of the court by Spalding, J.
all concurring.
The final conclusion of the cour
is as follows:
Inasmuch as the findings only ii
this case are before us and they war
rant Judgment in behalf of the con
testant, the judgment Of the distric
court is reversed and it is directed
to enter a new Judgment in favor Of
the contestant. The statute requires
us to determine this appeal in q
summary manner. We have attempt
ed to comply with this requirement ii
so far as possible. considering the
IN, h6