Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-09

manner expresses the substance of the
attempted amendment to the regis
tration law and such, amendment is
not germane to the subject expressed
in the title, hence the act in question
embraces more than one subject.
3. The provision of the general
registration law which fixes the first
day of registration as the TUESDAY
two weeks preceding the general
election or any city election, remains
in full force and effect.
T. Electors 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 inhabl-
tants or more, without furnishing
the affidavit prescribed as a substl-
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 the Tues
day after the first Monday in Novem-
Der in even numbered years.
6. The Legislative assembly may
prescribe reasonable regulations 10
prevent fraud, preserve ORDER anu
insure a fair election, and to that emu
NAV prescribe the method by which
the qualifications Of those Offering
their votes as electors may be proved,
and prohibit the reception of votes,
unless the requisite proof Is made.
z. The prohibition contained IN
section 73S, r. c., 1905, reading: mo
vote shall be received at any election
in this state if the name of the vot-
er Offering such vote Is not on the
registration list. unless such person
shall furnish to the judges or the
election his affidavit stating that ne
Is a resident of such precinct, giving
his Dlace of residence, etc. is within
the mower delegated to the legislative
assembly to prescribe reasonable reg
ulations for making proof Of the quail.
Acations of those offering to vote al
an election. -
8. The prohibition contained IN
section 1888, r.. C., 1905, reading mo
vote shall be received at any election
in the state if the name OF the Votei
offering such vote is not on the req
istration list, unless such persons
shall furnish to the judges OF the
election his affidavit stating that ne
ia A resident of such precinct, giving
his place Of residence, etc., ls an
EXPRESS prohibition and is mandatory
and votes received in violation there
~ ara invalid and cannot be counted
9: At the general election held IN
1908 the question of creating inc
county of Renville from portion OF
Ward county was sumbitted to the
voters of Ward county and large
number of persons voted thereon III
the city of Kenmare without oeine
registered or making proof on the
dav of election of their qualifications
as electors as required by: section
73s. r. c., 1905, and their votes were
received and counted by the canvass
ing board.
Held. In q contest over the result
of the election on such question tnat
the votes of all persons so VOTING
must be rejected.
10 AT the primary election held ~
the city of Kenmare for the nomlna.
ton of candidates for state once III
June, 1908, 007 persons voted ana
list of those who voted was preserved.
The primary election referred to was
conducted by the same ofhcers VINO
would. under the general registration
law, have charge Of the registration
Of voters.
Held: That the list so preserved
notwithstanding the provision OF the
primary election law which attempten
to make the primary election the nrs'
dav of registration, is invalid, con,
stitutes a de facto registry list ana
the 207 persons whose names were
contained on such lists were entltieo
to vote and have their votes counted
without offering the afidavits requlr-
ed of unregistered voters to entltle
them to vote, inasmuch as such voters
had performed the only acts required
of them by the law which had not
then been adjudged unconstitutional,
and were not required to forsee that
the election officers would neglect
their duty by falling to make use OF
such list on the day of election
or 10 COuuuCt du AA'0oIA6
voting to ascertain whether the ONO
ials were complying with the law IN
all respects.
III. Applying the principles above
stated and giving the contestant the
benefit Of all doubtful votes, still
leaves a majority against the crea-
ton of the new county Of Renville
and it is therefore held that the pro-
position to create that county was de-
feated.
Appeal from the district court OF
Ward county, Templeton. special, j.
Contest on an election held to vote
upon creation of the new county OF
Renville.
Aff1rmed.
George "A. Ryerson and George A.
Doo0o. ~, 1nno11ant