Woods v. Sheldon

Citations

• 9 S.D. 392
• 69 N.W. 602
• 1896 S.D. LEXIS 191

Syllabus

<p>1. Laws 1890, Chap. 84, Sec. 1, requires county canvassing boards to make a single abstract, including' votes for members of congress and presidential electors, which must, by Sec. 2, be duly certified by them, and deposited with the county auditor or clerk, who shall immediately make a certified copy thereof, and forward it to the secretary of state, who by Sec. 4 is authorized, if the returns are not received within 20 days after election, to send a messenger for them, and by Sec. 5 is prohibited from opening them except in the presence of the state board of canvassers when they meet to canvass them, as required by Sec. 3, which declares that such board shall, within 30 days after election, open the returns, and “forthwith” determine the number of votes given for each candidate, and that those respectively receiving the highest vote shall be deemed elected. Held, that the state board of canvassers are impliedly authorized to adjourn to a day certain, or take a recess from day to day, for a reasonable time, to enable them to obtain properly authenticated returns, by sending a messenger for them, in place of those which, when opened on their meeting as required, are found tobe improperly authenticated.</p> <p>2. Laws 1890, Chap. 84, Sec. 3, requiring a state board of canvassers of election returns for members of congress and presidential electors to determine the number of votes received by each candidate, and declaring that the candidates respectively receiving the highest vote shall be deemed elected, impliedly requires the board to canvass all the votes cast in every county in the state if duly authenticated returns are obtainable.</p> <p>3. A demurrer on the ground that a complaint does not state facts sufficient to constitute a cause of action does not raise the question of jurisdiction.</p>