The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-08-04
SCHOOL BOARD ELECTION
Attorney Generals Departmen
Writes Another Letter

Attorney IGeneraiS DepartmeT
Writes Another Letter
In regard to the recent dispul
which has arisen in North Mankat
in regard to the schol election, !
which the candidates with the excep
ton OF one, were claimed to nc
have been elected legally a com
munication was printed in TueSda
evenings Free Press, which was
general letter sent out by Attorne
General Hilton TO school district
OF the state. The answer not hav
ing been definite enough for this par
ticular case, Commissioner Of Edu
cation, j. M. Mcconnell was ap
pealed to, through Attorney Fran
E. Morse of this city. Mr.. McCon
nell communicated with the attor
ney general and following is tn
answer which was received by hir
from Assistant Attorney Genera
Montreville J. Brown:
St Paul, July 81, 1922.-Hon-
J. NJ. Mcconnell, Commissioner
of Education, Historical Build 4
ing Saint Paul, Minnesota. Dear
Sir: In yours OF July %, you
request that we give attention
20 a communication received BIZ
you from Frank Z. Morse. va.
Of Mankato, Minnesota, dated
July 26.
on question relative to the an
nual election of school officers
in the North Mankato district,
SO that the clerk Of that district
may be able to determine who
were elected and, therenpon,
send notications of election to
them.
at is not for the clerk to de-
termine who were elected. This
is a matter for settlement by
the judges of election. Notice
should be sent by the clerk to
each of those declared elected
by such judges. Provision is
made by law for a judicial de-
termination as 10 the validity
of the election Of anyone de-
clared elected at the instance of
the defeated candidate, or any
voter of the district.
I'VE construed Chapter 3S4,
Laws 1917, in an opinion rend-
cred on July 8, 1918, a copy of
which is herewith enclosed.
Yours truly, Montreville ].
Brown, assistant attorney gen
eral."
In an opinion rendered on July
1918, in which the identical sitna
ton to place the attorney genera
gave the following decision: 'Th
fact that a persons name may no
for a particular school office, how
1Csop 1anriun q unfnr fran
casting his ballot for such person
for such office If he so desires. 1
voter may cast his ballot for on
other person or persons who's
name or names appear upon tn
ballot for a particular office, b,
writing the name of such persol
upon the blank line provided upol
the ballot, OF by placing upon sal,
line q sticker with the name o
such person written or printe'
thereon"
It is stated ON. the report tina
it is clear that the legislature in
tended the statute in question t
provide a method of nomination
and not to limit the voter in cast
ing his ballot to vote for only sucl
persons as might have their name
on the ballot. The report continue
that the clerk shall prepare neces
sary ballots for the election Of Of
GERS, placing thereon the names o
the proposed candidates for sucl
office and with a blank space afte
such names, and such ballot shal
be substantially prepared as are bal
lots for general election. The pur
pose of the legislature In being 81
specific about making provision TO
blank lines on the school ballot
was to enable a voter to cast hi
ballot for such persons for the of
fee to be filled as he might desire
When the election was held a
the North Mankato school hous,
recently, the judges of the election
were E. H. Dubois, W. ]. Nixon ant
Mrs. Peter Jensen They declared
that r. C. Wilson and Verne Wal
rath were elected for the tire,
year term and S. T. Austin wa!
elected for the two year term.
E. E MendenhaH and wife Of Lyndal,
avenue have returned from an extend
ed trip in Illinois.
Mr. and Mrs. George Foss and Mr.
and Mrs Ernest Berxell Of Minneapoli!
were visitors at the NJ. E. Foss HON,
on Wail street Sunday.
Mr.. and Mrs. Chris Olson OF Fair
mont WERE callers at the M e. Eos!
home Sunday.