Gilkey v. McKinley
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Oconto County. At tbe general election held in November, 1888, at which presidential electors, representatives in congress, members of the legislature, and state and county officers were elected, the parties to this controversy were opposing candidates for the office of county superintendent of schools for Oconto county.
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APPEAL from tlie Circuit Court for Oconto County. At tbe general election held in November, 1888, at which presidential electors, representatives in congress, members of the legislature, and state and county officers were elected, the parties to this controversy were opposing candidates for the office of county superintendent of schools for Oconto county. Gilkey received 603 votes for such office, the legality of which votes is not questioned, and McKinley received 617 votes therefor, as appears by the official canvass made by the proper canvassing board. In one of the election districts of…
1Opinion of the CourtLyou, J.
If the thirty-three ballots cast by women were legally received and counted for McKinley, he was elected to the office in controversy. Otherwise Gilkey was elected thereto.
The learned circuit judge held: (1) That by virtue of sec. 1, ch. 211, Laws of 1885, 1 women having the qualifications prescribed in that section may lawfully vote for county superintendent of schools at any election at which such officer is to be elected; and, (2) although the statute (R. S. sec. 32) requires that the names of all persons voted for by any elector at a general election shall be upon a single ballot, that it…
2Cases cited8 opinions
- Attorney-General ex rel. Carpenter v. ElyWisconsin Supreme Court · 1856
- People ex rel. Chicago & Rock River Railroad v. DutcherIllinois Supreme Court · 1870
- Brown v. PhillipsWisconsin Supreme Court · 1888
- People ex rel. Hayes v. BatesMichigan Supreme Court · 1863
- State ex rel. Spaulding v. ElwoodWisconsin Supreme Court · 1860
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3Cited by2 opinions
- Hall v. City of MadisonWisconsin Supreme Court · 1906
- State ex rel. City of Manitowoc v. GreenWisconsin Supreme Court · 1907