The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1914-03-04
DRAWING Of LOTS
ORDERED Bye court
Finding in Larimore Mayor
atty Contest Reverses Dis
trict Court Finding.
TWO VOTES ARE
DELARED ILLEGAL
by Dropping These. Each .Aspirant for
Position Has ~: Votcs-lIItl,er Par.
~ Has Rigln,t" Make Petition for
Rcl,carins.

Ry decision of the supreme court,
announced today. Martin Nelson and
NJ. GaSs are declared tied for MAYOR
atty hdnorS in tho city Of Larimore,
aud they are ordered to determine
which shall hold the position by draw
inSS lots
Nelson contested the election Of
Class on the grounds Of illegal votes.
aud alleged Violation of the corrupt
practices act. Tho district court dis
missed the contest un the ground that
tho uncstio', was ono fnr the city coun-
nil "f l.arilnorc to determine.
In it's DECISION, the supreme court
maintains that the question is one for
the courts; that Gass did not violate
thc corrupt practices act. but that
there were two illegal votes cast,
which brings Il tic between the candj-
dates.
II is probable that All application
f"r - rehcarins will he made by one
"r both of the parties.
Complete Decision.
The complete syllabus of the court
decision follows:
Martin Nelson. contestant and ap-
pellant, VS.. NJ. Gass, contestee and re-
Spundcnt.
At the city election in Larimore.
held April Z, 1913. contestant receiv-
ed II" votes and defendant 115 votes
for the office of mayor. This proceed
ing is contest over such Office
brought under the provisions Of sec.
of article 13 of chapter 5 of the poll
tical code. r. C.. 1905, providing
method for contesting elections. 49,.
l4yaE Section 2666O, r.. c.. 1905 pro-
Nides that the city council shall be
composed "f the mayur and aldermen.
, Held. that tho chief duties of this: may
ur are as the executive officer Of the
city: that he is not a member of the
council except in 81 Very limited sense.
having only tho right To- preside and
cast the deciding veto in c:sc OF Il tie;
and that under the provisions of sec
tion 1868 X. G.. 1906. that the city
council shall ne the Judge of the cleo
ton and qualifications OF its own
members, that body has no jurisdic-
Iti"n to try and determine a contest
over the Office of mayor.
2. Section GSs ct seu. II. C 1905
which prcsrrih" method for con-
ile%tinr elections for county offices and
give the district courts jurisdiction.
and section 2746 *. C.. 1905 which
reads: The manner OF conducting
land voting at elections to be held un-
der this chapter Getty elections) and
contcsting the same. the keeping of
poll lists and canvassins the votes,
shall be the same, as nearly as may
hr. as in the case Of the election OF
county officers under the general
laws" giving the district court juris-
diction to hear and determine contests
over the election Of mayor OF city.
3. Tho vote of one II. was chal-
lcnEe,l. He went to the place Of bus
mess of rnnteStee and told him that
he had tu swear in his Vote, and ask
cd him To sign it up for me- Con-
testcc then went TIA tho polling place
and signed the statutory affidavit re-
challenged. to vote. Some Of the off
cials testified that. after doing 50, hr
told Fl. to go and vote. that he was
a legal voter. AS In what he did tell
him. il anything. the evidence is con-
nicting. Held. that there Is sufficient
rNideMr" to sustain the finding OF the
trial court. that contestant did not vio-
laie section l6 of chapter l2a. laws of
1911. known as the corrupt practices
act, which makes it unlawful for any
person on the day of an election to
ask. solicit. or in any manner try tn
induce or persuade any voter on such
election day to Vote. or refrain from
voting. for any candidate or ticket of
any political party or organization or
any measure.
4. one n. had voted in Larimore
for many years, claiming it to be his
residence. He had room and fur
niture, including stove. bed, and table.
III the Salvation Army hall, where he
went when out of work. and consid-
as he did, oui OF town. for periods