The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1918-04-25
the licenses hereinbefore mentioned, in
the retail liquor business in said city.

the retail liquor business In Sa1d CITY.
3.
That on the End day Of April, 1913,
the regular city municipal election was
held in said city. and before said cleo
ton a petition signed by the requisite
number of legally qualified voters OF
said city was duly filed with its City
Clerk requesting the clerk to give no.
tice that the question OF granting
licenses in said city for the sale OF In
toxicating liquors would be submitted
for determination at said election IN
accordance with the provisions OF
Chapter 367 of the General Laws OF the
State of Minnesota for 1913.
That at said election the question
was duly submitted by separate ballot.
as provided by law, and a canvass of
the votes cast upon the question was
duly had and the result declared by
the judges to be as follows: In the
First Ward: For license. SO votes,
against license, 785votes. In the Second
Ward: For License. 160 votes; against
license, 176 votes, blank ballots. 8.
Total vote for license. 253; total vote
against license 254. Total vote. iinclud-
ing said blank ballots, SIG. No.
s.
That at the trial of this action the
ballots were duly produced, and were,
by agreement of the parties, re-counted
in open Court, by counters agreed upon,
with the following result: In the
First Ward: For license, go votes;
ballots, marked Elk. B, G, d and e.
These four ballots were by the Court
ordered counted as follows: Elk. for
license, B. D and E against license.
making the result in said ward the
same as that announced by the judges
of election. In the Second Ward: For
license 100; against license, III, max
ing the result one more vote against
license than the return made by the
judges of election. In this ward there
were ballots entirely blank, in adj
dition to the foregoing.
6.
That one of the ballots ordered by
the Court to be counted for license in
the first ward had in front of the cross
a somewhat indistinct, mark or figure,
resembling a capital e or a reversed
figure 8. No evidence was offered that
this mark was not made by the con-
vassers, and there is nothing to indi-
cate to the Court that the mark was
made to distinguish the ballot, and the
court expressly finds that it is not a
distinguishing mark, and that said bal
lot should be counted.
That two of the ballots cast against
license contained two crosses each OPP
posite the words against license" one
in the square and the other before it
objection was made to the counting of
these ballots upon the ground that the
extra cross was distinguishing mark,
but the Court finds the same as to the
ballot above mentioned, and that they
should be counted.
T.
- 4 -
Schaub voted; and that he was at said
time not legal voter of said City, and
not entitled to vote therein; that he
voted against license, and that the
ballots should be purged of such vote;
that at said election one Henry Byro
voted that said Henry Byro was at
said time not legal voter in said city,
and was not entitled to vote therein:
that he voted against license; and that
the ballots should be purged of such
vote; that said ballots as so purged
give the following result of said cleo
ton: For license, 253 votes; against
license 253 votes, being a so-called
''tie' tj9s
That as so re-counted and purged
said results represents the expression
of the will of the voters of said city
upon said question, and leaves the
status of said city upon the question
of the sale of Intoxicating liquor I'M
changed :,
Conclusions of Law:
1. That the right of the city council
of said city to grant liquor licenses in
said city is still in force and unaffected
by said election; and that the licenses
heretofore issued remain in force and
valid. IN st4A
2. That the return of the canvassing
board is hereby cancelled and vacated
as erroneous as to the number of votes
cast against license, and as to the re-
suit of said election, and the vote so
cast against license is hereby stated
and declared to be 253. That said elec-
ton is hereby declared to have resulted
in a tie; and that duly certified copy
of this decree, and the judgment to be
entered hereon, shall be and constitute
the evidence of the result of said
election.
8. No costs or disbursements are
allowed in proceedings of this kind to
either party.
Let judgment be entered accordingly.
Dated. St. Cloud, Mimi. April goth,
BY the Court,