Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-03-04

q. SGC6. zoo Ct HS4s ~ ~. 1VVu
which prescribe a method for contest
Ing elections for county Offices and
give the district courts Jurisdiction,
and Sec. 2746 r. G. 1906 which reads:
""The manner of conducting and
voting at elections to be held under
this chapter, (only elections) and con.
testing the same the keeping OF poll
lists, aid canvassing the votes, shall
be the, same, Al nearly as may be, az
in, the case Of the election of coun-
ty, officers under the general laws"
give the district court Jurisdiction to
hear and determine contests over
election of mayor Of i city.
81. The vote Of one H. was chal
lenged. He went to the place OF
business of contestee and told him
that he had to swear in his vote, and
asked him to "sign it up for me.
Contestee then went to the polling
plac q and signed the statutory affida'
Wit required to enable one, whose
vote is challenged, to vote. Some OF
the officials testified that, after DOING
50, he told II. to go and vote, thai
he was Il legal voter. AS to what he
did tell him, if anything, the evidence
is conflicting. Held, that there Is
sufficient evidence to sustain the
finding of the trial court, that con-
testant did, not violate Sec. IL OF
Chap. 129, 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 to induce OF
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 H. had voted in Larimore
for many years, claiming 1t to be his
residence. He had a room and fur.
.niture, including stove, bed, and table.
in the Salvation Army hall, where he
went when out of work, and con.
sidered it his home, and when work
ing, as he did, out Of town, for per
iods of greater or less time, he fire,
squent1y went to town, an when there
Sept in his room. which had a lock
and a key, and left most of hi.
things there. 1t is held, in view Of
these considerations and others
stated in the opinion, that he was a
qualified voter in the precinct in
which he voted.
I Is. Oae NJ, a single man, voted for
i%contestee. He had lived around
Larimcre four or five years. and, be-
ginning in the. fall of 1912, worked
for one P, II miles out Of Larimore,
and continued to work for him until
the Goth Of March, 1918, when he
.we1t to work for one s. When he
went to town, he usually stayed at
place CT one Provost, but from the
time he commenced to work for P.
Id the country;;ih he had neither room
nor board at the place IN town ana
was not there, and left 40 trunk
there. He was not related to Pre-.
.vost, had lived in Logan township,
which he left when he went to work
Tor P. Held, Notwithstanding the
fact. that he testified that his only
home was at Prevost's place, and
that he was. there three weeks be,
fore going to work for p, that, when
he was out OF. q job, he stopped at
Prevost's, paying him for board and
lodging. and left some Of his clothes
there to save carrying them around,
that the, proof negatives it being his
residence for ninety days next pre-
ceding the election.
6. One II. was a single man and a
farm laborer. He testified that he
had no particular headquarters ex
cept where he. worked. During the
summer Of 1912, he worked in the
country and had his effects with him.
In September he went to work on a
farm adjoining the city, kept his
trunk there, and slept there, nut
took his meals in town. The list of
February, 1913, less than ninety days
before election, he went to work in
another place in the country, where
he worked until the 2Sth of March,
when he went into town for three
days and stayed at a hotel in a diff
erent precinct from the one in which
he voted. He then resumed work on
the farm adjoining town. Held, that
he was not a resident Of the pre-
ssinct where lie voted for ninety days
Alext preceding the election.
Z. The vote of one r. is challeng.
ed. He worked for one p. whose
headquarters were in Larimore, hut
who employed men to work in diff
ierent places III the country. when in
Larimore, f.. stayed at P's place un-
til sent out on a job. After complet,
ing one job and before commencing
another, he always returned to P's
:,lace and sept there. He made
hat his home. Held, that he. was
entitled to vote.
! 8. "A good faith intent Of a voter
TO make a definite place his home
',,or all purposes IS n essential .elc:
ment entering into the determination.
If the question of his residence for
fhe. purpose of qualifying him to vote,
and ,demicile, once gained, does not
continue until a new one is acquired,
for voting purposes, neither does The
right to vote in u particular precinct
continue, until the right to vote else
where is shown. But the shortest
Jbsence coincident with an intention.
TO change the residence defeats the
right to vete at the former dOmicfle.
9. The place Of ones residence for
the purpose of voting, is where, he
has his established home, the place.
II IL ~ :.