, 1862-11-25

W EoNkCElitE iuE ElECE!Q4 u6tter the statute.
But assuming that the law prescribed no day
for eanvassing the RETURNS then il II claim! d by
tbe respondent that The Inference Il fraud f-on
canvass VAS legal aId not v1ttated by any act Of
emission s 10 OF Gsma'sion alleged ia ths petition.
statute # 1915, which preeeribes the dny. or he
Was nss Il NOS. then The tiue for csn7ass.ug the
1e;e; NJ Tssted n him reasonable discretion
already cited, prescribed any time. And this be
ING astrmed that no day was fixed by law. the
Wn the
tltion, the Town Gle5k and the justices
ale1Rg an' H. lin were, wese guilty Of saeh mis-
Town Clerk himself procured one Of the Judges
70 s*n ~ an uEeiguea certificate Of the result Of
Tue election in South -hicsgo Precinct. knowing
having it r jected from the canvass. That whilst
the !oart was In session, and before any result
W6e declared. request Was made BY one OF the
judges Of that precinct " for leave TO Withdrew the
rsturu. and present the returns which had been
aa e9s
act q 1853. Al If which requests were refused.
That at the same time and place the
Ent1 the returns from South Chicago precinct,
ard also these from the end precinct Of the 4th
ward (Which had aleo, through ike mistake Of
ELouId be rnnue to the Town .-1erE alone. Tint
Eotwithstandn the information thus given. AMI
luG I94ueEL AG1 pfGLGEL tQGe made, The Beard pf0-
Getdea with lhe canyaee and dGciercd the result
Now if the law left this matter in the reasonable
d1scIet1en cf the Clerk and his assoeialcs 1t Is
ma manifest that the proceeding with the canvass,
and the refu=a! to allow The proper retcrnB 70 b.
procured from the County CLERK. under the cte-
cumstanceE stated. Was such an abuse Of legal
Where a statute p:escrihes the doing Of thing On
aparticulaE day, al adjournment will not vitiass
thE act where tile pu1llc are interested In having
1t dcne. and the naming OF the time will only be
regarded as directory. A er7ict compliance il such
Cases is not essential to the validity pf the p.o-
asstg afsaang i s G. 2e AID il pa5te
required The canvass to he completed on the day
snnEequent to the cloeing Of the polls or sooner.
Ia FeorSs e not od
Ter settled aa q general rule, than 4hat where q
eta1ete requires an act to be done within q
sfs asa aha 9i e. tsF tahRR RaSs to b szsv t @
1ectory: 6 WeId, 4sG-7 1 SeIdsn, IS.
s.th lilineis: 1o5. and one Of the least doubtful
1sgtects to do pnbic duty at the time prescribed.
lnsls1ce the case Of RGard Of Election which
Wlifulr fails to canEass the votes aud make re-
has been made and the result improperly declared
r. then, the law s9acts no auch e+1ieturea as a
ltersl compliance with the letter where the day ia
fixed, viii it not regard tha conduct Of tho Boa.d
q taGfassere, as disclosed Ii this case, where
time for completing tie canvass is prescribed IS
hrbitrarg. oppressive and Illegal?
Then, IN aLy point Of visw, the action Of the
toHn csik en5 1he board Of Ganvassers mn-t be
sG]ndged from the facts alleged IS :frandulaat Of
he a1 or Ino o a. nsvs seen M ~
that thu law requires them 10 complete the eau
N If te iaw y n TGn sasy merf aesemolsI
tien Ill the matter Of time it is wholly uuiGD5rt
sns 4t "asaaer = taey kheW u Or not, Whsn legal
IN iEnorauc cf 1ne Law do not theSe5T acduire e
| validity where the act done clearly contrayenes
| Having thus reviewed tic case in every as,act
H. ih 'nleh meal ~ nas Leea presented and SHOWN lhzt
eEis nov repeat as The point and srSurd Il th,s
oe:naon. thst IN me tosn e'eSk had no power to
after The election unless al the retu,ns naG 1,ee5
To41eI @ dese,sea a a1d inat az those 1e1nrns mad
vasa was absolutely void Fiat the ci:nee ~ r.
ah1lns pfeS1Eet 3u9Ees to Elalse their returns by
made On OF besre tfs seventh ay or even hcf,rs
me ac'ns ,esu oi tue election Is declared by the
| Therefore, " Tue petition shows that the re-
tls tcYn ceIE 6sdre lie Eeye m.G ~ ngv Us tia ha
duty TO proceed With the eanvasa on that cay IN
lie CANVASS o1 the {oa sV bad not bsnn may ns IL
aEd hat refusing 70 Do 1lis A. ne was requested
tle facts nroye to be.aas stated tn co;aI1a1 IN
| The motion to quaeh is orerr0ied.
| N,.v s71rn7{,. v..4,-
| ;n q raS,-1 +..aS.,' ,,iol ~ -
OF COOK county, Was installed 10 hts effce by
| A. q. HsslDg, Esq, retiring Sheriff. Mr.. Ham
naond pring5 to Ills assistance large stock Of
common senEe, practical business habits, q
| good education, and m honest heart. Hs will
ELL The office f1ustwcrthiiy aud we'll, and re.
1iie at the ED OF his term with aR honorable
record. BE haa made but tso appointments,
as yet, Ct deputies, and both Of these were
well known members Of Sheriff Hesirg's staff,
VIZ: y illiam Way,nan and John A. Nelson.
On Saturday night the SherifI's ofica yas
es51.s:,:ar arasa1taa e,,a.;.r S 1efu'4~'
AZ .a1a - -. r. - - a -'.nz, eP''u
1saxr;s+.1n ;,eor;h1a - Tr:,,;,ss 'J, - 49, ~
Ts5a 1,,;as 1,re-arts+:,,, s.sa"a. .':z .IE
uas5,,o+ ,o.ronasS ~ ta.r 1za,, a 49,
,nsr1s Tto rct;r;.g s;,sr:r has hasa r-;..
1nl olhcef. ano ne oeafs WILL Mm the itsp5c
ahd best Wishes ef hoass OF 'raends-
Il