The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-04-28
DECISION OF The
SUPREME COURT
In the supreme court, state Of North
Dakota, October term. 1912,

In the supreme court, state Of North
Dakota, October term. 1912.
S. Kerlin, plaintiff and appellant. VS..
city of Devils Lake, Peter J. McClory,
as mayor of the city of Devils Lake,
and S. G. Jones, as city auditor of the
city Of Devils Lake, defendants and
respondents.
A special city election was held to
determine the question Of whether
suck city would increase it's debt limit
and issue bonds to establish a city
light plant. The election was held at
one central voting place instead of
having a place for voting in each ward
as an election precinct as required by
statute. The place of election was
where city special elections for years
had usually been held. A large vote
was polled for a special election.
Ample opportunity was afforded all
electors to vote. No fraud is alleged
in the calling of or in the conducting
of the election. Held:
/. AS by statute an election should
have been held in each ward the cleo
ton was irregular, but not void.
2. Section 121 of our constitution,
as amended, in defining the quali1ca-
tons of an ~eleCtor, does not prescribe
a rule for voting, nor compel a quail
flied elector to necessarily vote at a
place within the boundaries of the
ward in which he resides, though every
ward is by statute a voting precinct.
8. Where the election is held as
called for, at the place designated by
the lawful municipal authority, and
is regularly conducted and a fair and
regular canvass and return made of all
votes cast, with no a charged, in
the absence of a statute expressly in
validating the election it will be up
held.
4. General statutory registration
requirements do not apply to a special
city election held for this purpose; the
details Of registration are to be pro-
vided for by municipal ordinance.
5 Want of registration at his spe-
cial election did not invalidate such
election in the absence of fraud or of
a charge of illegal voting sufficient to
change the result.
6. An allegation that certain named
person illegally voted at such election,
without charging that it changed the
election result, and where insufficient
to impute fraud in the conduct of the
election, does not charge facts sutflci-
ent to invalidate the election.
Z. The official notice of election by
publication was legally given,
8. A special election for such u
poses ma be authorized either by res
olution or ordinance.
8. The ballot, in stating the amount
Of the proposed bond issue, is too in
definite where the amount is stated
as mot to exceed $4,000
10. A dual question of "a increase
in debt limit, and 90 bonding after
increase of debt limit. both for a stat
ed purpose, may be submitted upon
the ballot at, one election if the form
of the ballot permits such propositions
to be voted upon separately.
II. The fact hat both of the ques-
| tons to be voted upon were, under
the form of the ballot, submitted joint
ly instead of separately, did not
prejudice or mislead the voter as to
the question of increasing the debt
limit.
IL. Although such election VAS
abortive insofar as 1t authorized the
issuance of bonds, it was valid insofar
as it authorized an increase of the
debt limit for such purposes.
(Syllabus by the court.)
An appeal from the district court
of Ramsey county, Winchester, special
J., from an order ~vacating an in1unc-
tional order.
Modified. Opinion by. Goss. j., Spald-
ing. c.. J., dissenting.
Flynn & Traynor of Devils Lake.
attorneys for plaintiff and appellant.
F. II. Cuthbert, city attorney of
Devils Lake, attorney for defendants
and respondents. A.. r. Smythe OF
Devils Lake, of counsel.
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