The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1913-04-24
GETS INTO COURT
Vets and Drys of Madison Will
Try Their Case in Cir
cult Court.

The late Madison city election is
finally at the point of entering the
portals of the circuit court. Joe Xii
by of Sioux Falls, as attorney for the
license people, has caused to be served
on the Madison city commission a CON
| Ulaint in an action to Get aside the de
| cision of the commission rendered at
the time of canvassing the vote by the
| commission.
The complaint recites that the com
mission legally erred in its decision,
| and also prays the court to order a re
| count of the votes cast at the election
| held April ID. Answer to the com
| plant is required to be made within
| ZEN days before Judge Jones whose de-
cision on the merits of the complaint
and the answer will govern future &C
ton.
The situation is practically this: AT
the election S26 votes were cast OF the
proposition granting license for the sale
Of Intoxicating liquors at retail. OF
| the total number of votes cast, five
| were thrown out as defective, leaving
a total of S21 registered by the judges
412 of which were in favor of the vets
| and 400 in favor of the drys. The de-
~fective ballots were found and thrown
out in the First and the Fourth wards
three in the First and two in the
Fourth. AS we understand it, there
we're two ballots cast in the First
ward without marking and n ballot
| with both the words YES aud mo"
marked These three ballots were not
counted by the judges. In the Fourth
| ward one ballot was cast with the
marking covering the word yes in
stead of in the square adjoining the
| word. In the case of the second ballot,
| the word ''No" was entirely scratched
ont, leaving the word YES I'M
| touched, but no mark in either square.
| These two ballots were thrown out by
the ju lges.
When the city commission met to
| canvass the vote they we're undecided
as to how to rule on the showing of the
pollbooks, the figures revealing 412 for
the vets, 400 for the drys, and five
ballots returned as cast hut n~ncounted.
Accordingly the commission asked for
Il written opinion from the city attor-
ney, and his opinion was to the effect
that the vets had lost the election, in
| asmuch as $40 ballots had been cast,
| all of which were eligible to count in
The election. and as Ala would consti-
tute a majority of all the votes cast
| the vets with 412 votes to their credit
and the drys 400, the vets were losers
by, a lack of two votes necessary 10
| constitute a majority of all the votes
cast. The commission passed u resolu-
| ton in accordance with this opinion -
and the city of Madison was declared
dry for the ensuing year.
The complaint of Attorney Kirby
SITS forth that the two ballots cast
in the Fourth ward as described
| above. showed the intent of the voters
TO be registered Yes" and on this
ne bases his demand for a recount,
| claiming that the judges of election
erred in throwing out the ballots as
not entitled to count.
What view Judge Jones will take OF
| the case of course remains to be seen.
1t is understood, however, that the
drys will carry the case to the supreme
court in any event, aud the time
necessary for the case to pass through
| the several court channels will prob
ably consume several months even
| should the vets win out in the cir
| cult court in which the drys also
stand to win The city commission,
however, may issue license any month
in the year under proper restrictions.
The license WAS raised by the last
legislature and cities may now require
a maximum license of 81, 100, indie
pendent of the county license which
is $500 per annum and this will be
done in cities of the state when new