State ex rel. Benton v. Elder

I concur in what is said by Judge Cobb in this case.

Sec. 4, art. 5, of the constitution declares that the speaker of the house of representatives shall, immediately after the organization of the house, and before proceeding to other business, open and publish the returns in the presence of a majority of each house of the legislature, who, for that purpose, shall assemble in the hall of the house of representatives. This, in effect, makes the two houses of the legislature a canvassing board, with the speaker of the house of representatives, who is presumed to have been chosen because of his…