county or district superintendent chosen at the general election in November, A. D. 1902, or thereafter appointed, shall hold and continue in office as such until the first Monday in July, A. D. 1905, and their successors shall be chosen as hereinbefore prescribed at the election in April, A. D. 1905. The superintendent of each district shall hold his office until his successor is elected and qualified. District attorney, eligibility. It was said, arguendo, in State v. Russell, 83 Wis. 330, 332, in answer to the assertion that there is no statute which requires the district attorney to be a member of the bar, that "there is no statute which requires the attorney-general to be a lawyer, or the judges of the supreme court to be lawyers. Such a qualification is inherent in the very office itself, and required by the very duties to be performed by him. The prosecutor of the pleas of the duties to be performed by him. The prosecutor of the pleas of the state is here called the 'district attorney.' To be a district attorney he must be a lawyer. He is not an attorney in fact. He must be an attorney at law." The word "attorney" indicates a person licensed by a court or courts to appear before it or them; the words "prosecuting attorney," in the constitution, mean one specially charged with the conduct of a certain portion of the public business pending in court. Hence a person who has not been admitted as an attorney at law by some court is not elig ible to the office of prosecuting attorney: People v. May, 3 Mich. 598. 180. County judge, when elected. [Sec. 2441, Statutes of 1898, as amended by sec. 2, ch. 7, laws of 1899, ch. 91, laws of 1905, and ch. 301, laws of 1905.] There shall be a general election of county judge in each county on the first Tuesday of April, 1905, and every fourth year thereafter. The term of office of county judge shall be four years, commencing on the first Monday of January after such election. When a vacancy shall occur in the office of county judge, or there shail be no person qualified to take the office at the commencement of the term, the governor shall appoint such judge, and the ferson so appointed shall hold until the first Monday of June · next succeeding an election to fill such vacancy; but when no election to fill such vacancy is held then such appointment shall be for the residue of the term, and where any county judge shall be elected in a newly organized county the judge first elected shall hold his office until the first Monday of January following the first general election for county judges thereafter. Every county judge may be removed from office by an address in the manner provided in the constitution for the removal of justice of the supreme or judges of the circuit courts. 181. County superintendent, who eligible. [Sec. 702a, Statutes of 1898, as amended by sec. 14, ch. 351, laws of 1899.] No person shall be eligible to the office of county superintendent of schools who shall not, at the time of his election or appointment thereto, have taught in a public school in this state for a period of not less than eight months, and who shall not, at such time, hold a certificate entitling him to teach in any public school therein, or a county superintendent's certificate, issued by the state superintendent after examination by and upon the recommendation of the board of examiners for state certificates as provided by law; provided, that the foregoing provision shall not disqualify any person who held such office in this state on or before the first day of May, one thousand eight hundred and ninety-five. [Section 461cc, created by ch. 46, laws of 1905.] A person shall not be ineligible to the office of county superintendent of schools on account of residence in cities of the third and fourth class within the territorial limits of any such district. See paragraph 87. A resident of a city which is not within the jur isdiction of a county superintendent is not, for that reason, ineligible to that office: State v. Goldthwaite, 16 Wis. 146. 182. Members of county board. [Sec. 662, Statutes of 1898.] Every ward or part thereof of any city, every incorporated village or part of such village shall be represented in the county board of supervisors of the county in which such ward or part thereof, or city or village or part thereof, is situated, by one supervisor;1 all such supervisors shall be elected annually by the electors of such wards, parts of wards, villages or parts of villages, respectively, at the same time and in the same manner as city and village officers are elected. And when any vacancy shall occur in the office of such supervisor the proper common council or board of trustees shall fill such vacancy by appointment. The holding of the office of such supervisor by any person shall not disqualify him from being a member of the common council of the city or board of trustees of the village in which he is elected or appointed. See paragraph 211 as to supervisors' terms in Milwaukee county. 12-E. L. PART XII. TOWN MEETINGS. Annual, when held, 183. Where held; place of holding, how changed-Provision as to Milwau kee county, 184. Adjournment to another place, 185. Request to be recorded; notice of meeting, 190. Who to preside, 191. Inspectors of election, 192. Chairman's powers, 193. Town clerk's duties, 194. Election officer to take oath, 195. Order of business, 196. Polls, when opened and closed, 197. Officers, how chosen, 198. Who may vote, 199. Ballots, form of; how cast, 200. Ballots for justices, 201. Challenge, who may make; grounds of, 202. Canvass of votes, 203. Comparing ballots with poll list, 204. Announcement of result, 205. Written statement of result, 206. Who elected; tie vote, 207. Ballots on other questions; separate box, 208. Ballots for town elections in Milwaukee county, 209. Canvass of votes in that county, 210. What officers to be elected; supervisors' terms in Milwaukee county, 211. Election of justices; filling vacancies, 212. Justice's terms in new town, 213. Election duties of town clerk, 214. ELECTIONS IN TOWNS ON SPECIAL SUBJECTS. · Establishment of library, 215. Erection of landmarks, 216. Town building, 217. Changing place of holding elections, 218. Form of ballot, 219. Vacation of town; form of ballot, 220. Construction of free macadamized road; form of ballot, canvass of vote, 221. Bonds for payment of road, question, how submitted, 222. 183. Annual town meeting, when held. [Sec. 782, Statutes of 1898.] There shall be an annual town meeting in each town on the first Tuesday of April. At such meeting there shall be an election of such officers as are required by law to be elected, and such other business shall be done as is by law required or permitted to be done at such meeting; and no notice of holding any annual town meeting need be given. Method of procedure. The following propositions have been announced by the supreme court for the government of town meetings (where the method of procedure is not expressly provided by the statute, in which case the method prescribed should of course be followed): 1. "With the exception of the election of those officers which the statute prescribes shall be elected by ballot, all, or nearly all, of the functions of a town meeting are such as pertain to a deliberative body or assembly." 2. The subjects upon which a town meeting may take action are numerous and diversified. The course of procedure which is to be pursued is not fully marked out by statute, and it is quite safe to say that when the statute does not give direction, the general rules of parliamentary law, so far as they may be applicable, should be ob served and enforced in conducting the business of a town meeting. 3. Propositions upon which the town meetings may lawfully act may be (except where otherwise provided by statute) submitted to it by a motion or resolution, or in the form of proposed by-laws or orders, by any elector of the town, for the consideration of the meeting. 4. The chairman of the meeting cannot prevent action upon any subject within the powers conferred by law upon the meeting, by neglecting or refusing to present the same to the meeting for its action. 5. Any of the propositions before mentioned are open for discussion or amendment and may be adopted or rejected by the meeting, or adopted in part and rejected in part; and the action of the meeting thereon may be reconsidered, if a motion to reconsider be made within one hour after the vote was taken. 6. Unless otherwise ordered by the meeting, the vote upon any such proposition should be taken viva voce, or by a division. It is probable that the meeting has the power to direct the vote to be taken by ballot; but before it can properly do so, reasonable opportunity ought to be given the electors to amend and perfect the proposition; the same should be voted upon separately, and the result of the ballot must be ascertained and declared in time to give any elector an opportunity to move a reconsideration of the vote. State ex rel. v. Davidson, 32 Wis. 114. Meeting an election. A town meeting is an election, within the general meaning of the word. Where an act provides that the town may vote upon the issuing of bonds for the payment of stock in a railroad company, at any annual election, or at a special election, the vote may be taken at a town meeting, and the polls of such election kept open until sundown, instead of closing them at 5 p. m., the hour for closing the polls at a town meeting. Phillips v. Town of Albany, 28 Wis. 340. 184. Where held; place of holding, how changed-Provision as to Milwaukee county. [Sec. 783, Statutes of 1898, as amended by sec. 1, ch. 86, laws of 1899.1] The annual town. meetings in each town shall be held at the place where the last town meeting was held, or at such other place therein or in a city or incorporated village within or adjoining the town as shall have been ordered at a previous meeting, or when there has been no such previous meeting at such place as shall be directed in the act or proceedings by which the town was organized. When twelve electors shall file with the town clerk at least four and not more than six weeks before any annual town meeting their written request that the place of holding such meeting be decided by ballot, he shall within one week after the filing of such request post notices in at least four public places in said town stating that the place of holding the annual town meeting will be decided by ballot at the town meeting then next to be held. Each elector may vote a ballot designating thereon a building or public hall within said town or such city or village, which ballots at the close of the polls shall be canvassed and the result certified and recorded. The place receiving the largest number of ballots. shall be established as the place of holding the annual town meeting thereafter until otherwise ordered. In towns which See paragraphs 218, 219, as to changing place of holding town meetings. 2 FORM OF REQUEST THAT THE PLACE OF HOLDING ANNUAL TOWN MEETING BE DECIDED BY BALLOT. in the county of The undersigned, electors of the town of state of Wisconsin, hereby request that the place of holding the annual town meeting be decided by ballot, at the annual town meeting therein to be held on the day of, 190-. Dated this day of 190-. (Signatures.) FORM OF NOTICE TO BE GIVEN BY TOWN CLERK. To the electors of the town of The written request therefor of twelve (or more) electors of said town having been duly filed with the town clerk thereof, notice is hereby given that the place of holding the annual town meeting of said town will be decided by ballot at the annual town meeting to be held therein on the -- day of 190-. Dated this day of - 190-. Town Clerk of the Town of |