HomeMy WebLinkAbout03-14-1958Record of Official Proceedings: of the Common Council
of the ..City- of. Rochester, Minn., March 14, 1958
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Minutes of an adjourned regular meeting of the Common Council of the
City of Rochester, Minnesota, held in the Council Chambers, in the City Hall
in said City, on March 14, 1959.
President Schroeder called the meeting to order at 5:00 o'clock P.M.
the following members being present: President Schroeder, Aldermen DeWitz,
Haas, Kamm, Morris, Tingley. Absent: Alderman Briese.
R. V. Ehric$ City Attorney, then stated that on March 12, 1958, the
day following .the General Charter Election on March 11, 1958 the Common Councill
of the City of Rochester canvassed the returns and inspected the voting
machines as required by law. As a result of this canvass and inspection it
was determined that a tie vote had resulted in the Aldermanic race of the
Third Ward, i.e. 1391 votes for Herman J. Briese and 1391 votes for Frank J.
Wilkus, and this result was determined in the resolution adopted by the
Common Council on March 12, 1958. The City Attorney further stated that under)
the provisions of Section 13 of the Charter o.f the City of Rochester, a tie
vote is. to be resolved by casting of lots at a public meeting of the Common
Council held upon due notice given to the candidates. That notice of the
"public meeting was given to the respective candidates in writing by the City
.Clerk, and that the Common Council is now met to cast the lots in the manner
determined by the separate resolution adopted on March 12, 1958, 1. e. the
flipping of a.silver dollar to the floor, if it comes up heads will result in
the declaration that Herman J. Briese is the winner and if it comes up tails
Frank J. Wilkus will be the winner.
Upon request of Alderman Kamm, the City Clerk then again read the
resolution adopted by the Common Council on March 12, 1958 prescribing the
mode of casting lots together with a copy of a notice of the meeting which had
been served on each of the candidates.
President Schroeder then flipped the silver dollar to the floor, and)
upon. i,nspection;;by President Schroeder, members of the Common Council and
candidate Vilkus, it was declared that tails had come up, thus making Mr.
Wilkus the winner.
Alderman Morris then introduced the following resolution which was
read:
"WHEREAS, the Common Council by resolution adopted on March 12,
1959 after canvassing the returns of the General Charter Election
held on March 11, 1958 found and declared that a tie vote existed
between Herman J. Briese and Frank J. Wilkus, candidates for the
office of Alderman of the Third Ward, and
WHEREAS, pursuant to a resolution adopted on March 12th, 1958
providing for the determination of the winner of said election by
casting of lots as required by Section 13 of the Charter of the
City of Rochester, such casting of lots was accomplihsed before
the Common Council at a public meeting held at 5:00 o'clock P. M.
on Friday, March 14th, 1958 in the Council Chambers of the City
Hall in the City of Rochester, Minnesota, and
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Record of Official Proceedings of the ' Common ' Council
of the City of Rochester, Minn., March 14, 1958
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WHEREAS, such casting of lots was carried out as provided by
tree said resolution and Frank J. Wilkus was chosen as a result
thereof.
NOW THEREFORE, be it resolved by the Common Council of the City
of Rochester that Frank J. Wilkus is .hereby declared to be elected
to the office of Alderman of the Third Ward of said City, at the
Charter Election held March llth, 1959 to hold office for two
years and until his successor is elected and qualified."
A motion was then made by Alderman Tingley that the said resolution be adopted
as read. Alderman Haas seconded the motion and all present votW in favor
thereof, President Schroeder declared the said resolution duly passed and adopted.
Raymond N. Wieland, Attorney representing Third Ward Voters, was present
and requested that the Common Council make provision to permit access to absentee
ballots by properly accredited persons. (The absentee ballots and applications had
been sealed by the Common Council at their meeting held on March 12, 1959). He
said he was in no sense implying that anything was wrong, but his interest was in
applications for absentee ballots to see if those voting absentee were qualifed
to vote. A motion was made by Alderman Kamm that no persons would be permitted
to examine or inspect these applications or ballots except show proper order of
the District Court of Olmsted County or upon authority of the Common Council of
the City of Rochester. Alderman DeWitt seconded the motion and all voted in
favor thereof.
Upon motion by Haas, second by Morris, the meeting was adjourned.
.CitJ Clerk
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