98 Neb. 854 | Neb. | 1915
By our former decision in this case, ante, p. 198, the judgment of the district court was reversed and the action dismissed. The nature of the case is there stated.
It appears that in Madison county a commissioner had been elected for the first commissioners’ district in 1905, 1908 and 1911. The statutes, and perhaps some of the court decisions, were in confusion, and the officers and people of Madison county considered that the term of office of county commissioner in counties not under township organization and having three commissioners was three years. At that time the general election law contained the provision: “One county commissioner shall be elected annually, who shall serve three years.” Laws 1911, ch. 48. This clause should be disregarded, for the reasons stated in Saling v. Bahensky, 97 Neb. 789, but it tended to mislead many county officials. The term of this office is four years. Best v. Moorhead, 96 Neb. 602; Saling v. Ba
The question is: Was there an election held for county-commissioners in the first district of Madison county in the year 1914? It is conceded that there was no official notice of such an election. If, however, an election should have been held at that time, and was in fact held, it could not be disregarded because of a failure to give-the official notice. This was definitely determined in State v. Skirving, 19 Neb. 497. The law is stated in the syllabus: “Where a vacancy occurs in the office of county commissioner more than thirty days before a general election, it is to be filled thereat; and the failure of the county clerk to call attention to such vacancy in the election notices posted by him, where the fact is generally known and acted on by the voters of the county, will not invalidate the votes cast to fill said vacancy.” The opinion recites that the highest number of votes cast at the election in question was 3,124, and that 2,989 votes were cast for the candidates for the particular office in question, and adds: “This shows that it was generally understood in that county that a vacancy existed, and that the candidates named were balloted for to fill said office.” This question as to what really constitutes an
The relator suggests that the action of the county officers, in declaring that there would be no election of county commissioners at that election, and in refusing to provide for such election, was resisted by some, and that a political committee declared that there would be such an elec
The conclusion of our former opinion is therefore right, and is adhered to.
Judgment adhered to.