Opinion
No. 30,289.
March 22, 1935.
Cases followed.
Proceeding in the district court for Kanabec county by Elmer Ahlquist to contest the result of a special election upon the question of establishing and erecting a municipal lighting and heating plant in the village of Mora. The case was tried before Alfred P. Stolberg, Judge. There were findings holding the election valid and legal. Contestant appealed from an order denying his motion for a new trial. Affirmed, following Morgan v. Village of Mountain Lake, 194 Minn. 104, 259 N.W. 689, and Interstate Power Co. v. Fairbanks, Morse Co. 194 Minn. 110, 259 N.W. 691.
Junell, Driscoll, Fletcher, Dorsey Barker, Kenneth M. Owen, Donald West, Olin Butler, and Halgren Gillespie, for appellant.
Kyle Kyle and P.S. Olsen, for respondent.
Harry H. Peterson, Attorney General, David J. Erickson, Assistant Attorney General, and Joseph M. Donahue and Dwight N. Johnson, amici curiae, filed a brief in support of the contention of respondent.
The decisions in the cases of Morgan v. Village of Mountain Lake, 194 Minn. 104, 259 N.W. 689, and Interstate Power Co. v. Fairbanks, Morse Co. 194 Minn. 110, 259 N.W. 691, opinions in which are filed herewith, are controlling of the issues raised by this appeal with respect of claimed violations of provisions of the corrupt practices act.
As to alleged violations of the general election laws, the court's findings — that the election was duly, legally, and properly called and held and duly and legally conducted and that the result of said election was a free, full, and fair expression of the will of the voters without fraud, duress, or undue influence — are sufficiently supported by the evidence.
Affirmed.
STONE, JUSTICE, took no part.