Page:North Dakota Reports (vol. 18).pdf/766

 744 INDEX.

WITNESS—Continued.

where the purpose is to impeach or discredit him as a witness. Schnase v. Goetz, 594.

8. Where the evidence as to the nature of the assault and injuries suffered by respondent was conflicting, and impeaching testimony to show that a witness testified falsely as to his having been in an unlawful occupation was admitted over objection, held, that the appellate court cannot assume that the admission of such tes- timony was without prejudice, as its effect may have been the controlling influence with the jury in determing the extent of the injury or damages. Schnase v. Goetz, 594.

WORDS AND PHRASES. See Mititary Law, 233.

1. A “roadway,” within constitution, section 179, providing for taxa- tion of the franchise, roadway, etc,, of all railroads, includes not only the strip of ground on which the main line is constructed, but all grounds necessary for the construction of side tracks, turnouts, connecting tracks, station houses, freight houses, and other accommodations reasonably necessary to accomplish the ob- ject of their incorporation. Soo Ry. Co. v. Oppegard, 1.

2. “Performance” means the doing or completing of an action. Knudt- son v. Robinson, et al., 12.

3. Section 168 of the constitution reads: “All changes in the boun- daries of organized counties, before taking effect, shall be sub- mitted to the electors of the county or counties to be affected thereby at a general election, and be adopted by a majority of all the legal votes cast in each county at such election.”

Held,

(a) That the word “electors” as used in said section means all persons possessing the qualifications as to residence, age and cit- izenship prescribed by section 121 of the constitution as necessary to entitle them to vote.

(b) “Shall be submitted to the electors,” means that all per- sons who are qualified to vote in the given county, or counties, shall, in a legal manner, be given an opportunity to vote on the question of a change in the boundaries.

(c) That a “vote” is the registration in accordance with law of the preference or choice of an elector on a given subject.

(d) That “votes cast” are the totals of the separate votes or expressions of voters’ preferences for or against a change in boun- daries. State v. Blaisdell, 31.

4. A “ballot” as distinguished from a “vote,” is the sheet of paper on which the voter expresses his choice of candidates, or for or against a proposition, or both. State v. Blaisdell, 31.

5. A “voter” as distinguished from an elector, is an elector who actu- ally votes. State v. Blaisdell, 3!.

6. A vote to change county boundaries, cast at a general election is the holding of a separate election,” although held in connection with the general election. State y. Blaisdell, 31.