La Londe v. Bd. of Supervisors of Barron Cnty.

• Decision Date: 20 October 1891
• Citation: 80 Wis. 380,49 N.W. 960
• Parties: LA LONDE ET AL. v. BOARD OF SUPERVISORS OF BARRON COUNTY ET AL.
• Court: Wisconsin Supreme Court

80 Wis. 380

49 N.W. 960

LA LONDE ET AL.

v.BOARD OF SUPERVISORS OF BARRON COUNTY ET AL.

Supreme Court of Wisconsin.

Oct. 20, 1891.

Appeal from circuit court, Barron county; R. D. MARSHALL, Judge.

Action by John La Londe and others against the board of supervisors of Barron county and others, to compel the board to order an election submitting to the voters of the county the question of the removal of the county-seat. From a judgment for defendants, plaintiffs appeal. Affirmed.F. M. Angel and W. F. Bailey, for appellants.

J. F. Coe and S. U. Pinney, for respondents.

COLE, C. J.

In order to justify the county board of supervisors, under the statute, in submitting the question of the removal of the county-seat to a vote, there must be presented to it a petition, signed by two-fifths of the legal voters of the county, asking for a change of the county-seat. Such a petition is jurisdictional, and absolutely essential to warrant action on the subject. The statute clearly points out how the board shall ascertain and determine whether the petition contains the requisite number of petitioners. If, by examination of the poll-list of the last previous general election held in the county, it is found that the names of two-fifths of the voters have been signed to the petition, it is the duty of the board to submit the question; otherwise, the board has no power to submit it. This is the plain meaning and intent of the statute. Section 655, Sanb. & B. Ann. St.¹ The statute implies that the specified number of names shall appear upon the petition when the board takes action and submits the question. How far the board can go in an inquiry as to the genuineness of the signatures on the petition is a question not involved here. If the names of the signers of the petition are found on some one of the poll-lists, the presumption would be that the petition was what it purported to be,--a genuine document; certainly until that presumption was rebutted or the contrary shown; but, as we have said, the names of two-fifths of the legal voters, as shown by the poll-lists, must appear on the petition when the board takes final action. This is a jurisdictional fact, and must exist before the board is clothed with authority to submit the question of the removal of the county-seat to a vote of the electors of the county. From the nature of the case, the board must have a reasonable time to examine the poll-lists, and ascertain whether the requisite two-fifths have signed the petition. This is very obvious. It appears from the finding of the court below that, when the petition was presented to the board, it was signed, or purported to be signed, by the requisite two-fifths of the legal voters. The board referred the petition to a committee, to examine the poll-lists, and make a comparison of the names of the signers of the petition with such lists. This was a very proper proceeding, and it was in accord with the intention of the statute, which contemplates such an investigation. On the 14th of November the majority of the committee asked for further time to make the examination, and the request was granted. The board adjourned its session from November till the following January, to give the committee time to make the proper comparison of names, and to report to that body. In this proceeding there is nothing which is justly subject to criticism or censure....