Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1911-08-04

with any general election, in excess In
the aggregate Of ten thousand dollars,
and every disbursement by any Such
committee in excess Of such amount is
forbidden.
Section $40. 1. If any elector of
the state shall have within his posses
sion information that any provision OF
sections 94-1 to 94-38, inclusive, or
the statutes, has been violated by any
candidate for which such elector mad
the right to vote, or by any personal
campaign committee of such candidate,
or any member thereof, he may, by
verified petition apply to the county
judge of the county in which such Vlo-
lation has occurred, to the attorney
general of the state, or to the BoVeTuoI
of the state, for leave to BRING speclal
proceeding to investigate ano o95eIo eyer,
mine whether or not there mas Deen
such violation by such candidate or ny
such committee or member Thereon,
and for appointment of special counsed
to conduct such proceeding IN oehah OIL
the state. ..
2. If it shall appear from such petit
ton or otherwise that such candldate,
committee or member thereon mas Vio
that sufficient evidence is obtalnaple 10
show that there is probable cause TO
believe that such proceeding may De
successfully maintained, then such
Judge or attorney general or governor,
as the case may be, shall grant leave
to bring such proceeding and shali APP
point special counsel to cohouct Such
5. If such leave be granted and such
counsel appointed such elector may, by
special proceeding brought IN the
circuit court in the name OF the sta 70
upon the relation of such elector, in
vestigate and determine whether or
not such candidate, committee or mem
Der thereof, has violated any provision
of this act, but nothing contained IN
this act shall be considered as IN any
way limiting the effect, or preventing
the operation of remedies now In eHlst-
ence in such cases. o.z
ing the complaint shall be served with
the summons, and shall set forth the
name of the person whose electlon is
contested, and the GROUNDS OF tne Coz ftnr
be amended except by leave OF the
court. The summons and complaint In
the proceeding shall be MEG Wlthln
five days after service Thereon.
2. The answer to the complaint shall
be served and filed within ten days
after the service Of the summons ana
complaint. Any allegation OF new mat
ter In the answer shall be deemed con-
troverted by the adverse party WITHOUT
reply, and thereupOn said proceeding
shall be at issue and stand ready Tor
trial upon five days notice OF tT1al;
8. All such proceedings snail nave
precedence over any civil cause or
different nature pending In Such court,
and the court shall always be deemed
open Tor the trial LneIGOLp ia VI O0t "
term, and the same shall be tried and
determined the same as are civil
actions, but the court shall without
jury determine all issues OF TACT as
well as issues of law.
4. If more than one proceeding Is
pending or the election OF more than
one person Is investigated and con-
tested, the court may IN It's dlscretloh;
heard together and may equ1ably ap-
portion costs and disbursements.
s. The parties to such proceediings
NAV invoke the provisions OF sections
1868 and 4O98 Of the statutes. but two
DAVIS notice Of the taking of the depo-
sition of any witness shall be sufnclent
notice thereof. ..,
6. In all such proceedings either
party shall have the right of change OF
venue, as provided by law In civil &C
tions, but application for such chafnge
must be made within i've days atteT
service of summons and complaint, ana
the order for such change shall be made
within three days after the making OF
such application and the papers trans
the moving party to procure such
transmission within such time snail De
waiver of his right to suoh change
of venue. 49,
plaintiff the relator may recover his
taxable costs and disbursements
against the person whose right TO the
office is contested, but no judgment Tor
lator, unless it shall appear that such
proceeding has been Instituted other
wise than in good faith. ALI costs and
disbursements in such cases shall De IN
the discretion of the court.
Section 94-32 /. If the court shall
find that the candidate whose right to
any office is being investigated. or his
personal campaign committee or any
member thereof has violated any pro
vision of this act, in the conduct of the
campaign for nomination or election
and il such candidate is not one men
| toned in subsection hereof, Judgment
shall be entered declaring void the
| election of such candidate to the office
| for which he was candidate. and GUST
| ing and excluding him from such Of
flee and declaring the office vacant.
| The vacancy thus created shall be filled
! in the manner provided by law, but no
person found to have violated any pro-
fill any office or to become candidate
| for any office, candidates for which
have been voted for at the primary or
| election in connection with which such
.. II such proceeding has been
brought to vestigate the right of a
candidate for member OF the state
| senate or state assembly or for sena-
! tor or representative in congress, and
| the court shall find that such candi-
| date or any member of his personal
campaign committee has violated any
| the campaign for nomination or cleo
| ton, the court shall draw it's findings
to such effect and shall forthwith
| without final adjudication, certify his
! findings to the secretary of state, to be
| by him transmitted to the presiding Of
| fcer Of the legislative body, as a mem
| Der Of which such person Is a candi-
date.
8. Appeals may be taken from the
| determination of the court in such
| proceeding in the same manner as APP
! peals may be taken as provided by law
| in civil actions, but the party appealing
| shall In no case be entitled to or OBJ
| tain a stay of proceedings. No in
| junction shall issue in any such pro-
ceeding suspending or staying any pro-
cedure therein or connected herewith
| except upon application to the court OF
! the presiding judge thereof, upon no
! t1ce to all parties and after hearing.
4. No judgment entered as provided
for herein shall be any bar to or affect
in any way any criminal prosecution Of
any candidate or other person.
Section 94-33. l, If the judgment Of
the trial court Is appealed from In suct
! proceeding, the county judge the at
| torney- general or the governor who made
! the appointment of special counsel 70!
| the trial court, shall authorize such coun.
sci so appointed, or some other person tt
| appear as special counsel in the supreme
| court in such matter.
2. The special counsel provided for By
| this act shall receive a reasonable com
pensatton for his services, not to ex-