, 1862-11-25
LAW XNTELLTGENCF.
Dec1sion Of Judge Rranterre fa the
south Town Contested Election
Case,

UNITED STATES CoURT-Betors Hoa. 1nou1as
D1"Dl'ond.-There was no business Of public
interest transacted; in this Curt yesterday.
The cali Of the trial docket is ahout COM
pleted.
CIRCUIT CounT oF COOK CoUHTI-Rtore
Hon. George 1fdmaic,7t-The people, &C.,
e.. rel. Michael Evans rs. Leonard Lampartz.
application for q writ Of alternative manda-
mus. We baye heretofore punished q report
OF this case involving the legality Of the
course pursued by the Board Of Canvassers
Of South Chicago in throwing ont certain
votes and declaring the Republican candidates
elected. The following is the decision Of
Judge Manierre, delivered yesterday morn
iEg, Which it will be seen, reyerses the action
c1 the cauvasEers:
BY the township organization law OF 1871. # ia
Gxpretsly provided that the counties adoplinr ID
ehs!l he goFeneu BIZ a1d subject to i.s provisions
!aeeo5osslg = ahe @ statute OF 1si5 aud she amenda-
tory set Ct 1sl9 regulating elections, arc not in
1o1ce II tho:e coulee except fir as they relate
10 and IeGnls:e the election OF county and State
einctfs. Hence all township elections for town
tficers n this county must he conducted accord
1nE TO the ac1 OF 1S61 in the absence OF any epe-
elal enactment cn thu enbjcct By TINT act no re-
Of Re viii o t 70 pe aa g ne C9anty CLERK
the PRESIDING officer Of the town meeting, al the
e!ose Ct 1he mee!isg Is required 70 publicly can
TAss the Votee and when Completed, 4 statement
Of the result il required to be entered by the Clerk
Epon the town Iecutds. and then publicly read to
But public c0n7enience and uecceefty renu1red
seme changes in this system OF elections il this
city and teunty, aud accordingly those chaages
Me5e vt ey The Amendatory Act of 1s
act, town meetings were abolished In tie toHaz nf
N01th, South std West Chicago, and 1he snnual
toNn elections in the county were required to be
held On the same day With the State and county
elections And it Waa further provided that tie
Beard Of Election in the several towns snouId
make retprl5 to the County Clerk for ell the Off
who are elected town officers as now proviIrI by
law. BY this act, therefore, the town and county
q. ctl:ns VT rc blended; OF rather the Judges Of
Election Inder the Acts Of 1876 and 1888 ab5ye re-
ter1ed to, becane ex-of3cio iu1ges Of to I'll clec-
tlons in this county and so much Of the town law
as requires the pre.1aing officers at town meetlngs
vas srpsrseGed ard by implication abolished
And aa thesejndges OF election arc appointed and
act un6er the election laws Of 1sl5 aid 1s19, they
are governed ty those laws as to tie manner Of
conducting the election III declaring the result OF
The teNn election, and In making their 1etarns OF
the canvaea for county and s,ase officers. -
toxn fiice1s OF North, South md West Chissgo
ahould he votea ioE BY wards OF precincts. aud
aEa5 tie retGrnE OF The elections should be
end ,hat he shou1d call to his aid tvs
IsliCca uf the Peace canvass the vgtts and grant
certitf ates Of election TO the petsons receiving
1'g judets Ct elt c1ion TO cseste who arc c!e::cd
town ttficcrs, EubT ;o1siy applies solEly 10 the
tawns o11eide OF chicago ii which ba. one poll
is held.
It must be obyious that It vas tie intention OF
the Legislature in there changes 10 require the
jndEeR of election. within the icwas OF North,
Sonsh Ma ed VET Gheso to DC BY
}1r}-
and ajeo to require the Tcwn % CIerk s''th n n
esHyaszrg The 5atpsns to Proceed il the
C!eik ii the Performance The sane duty. Stat.
uteE InuaI be cnnetrued go az 10 give them effect
according to legislative inte'sion. Now BY the
sections OF the statutee Of 1875 jngas Of ee:tios
ale rsquiszd TO make their r5tufns In four daYa ar
ter ths slecilgn, and b the a5tn section of the
ea1ne law lie County Clerk is Required, .ton the
EooDe1, na1i the returns are received, to take ia
bis assistance lWo Justices Ut the Peace ard prn.
csedt open the returns and declare the result
election end the Town Clerk Of Sou:h Chicayo act
declared. N71
Aeideirom the allegations Of fraudulent r,iscon,
ducs OF The rast uf the TowH Clerk, con,ainci In
the petition OF the relator which muat be tasc1 "a
,1Ie Oh tlis Mo1en) it il Positively aye1red that
IL proceeded, with iie AID OF TIVE Justices to cav
Eass the votes and grant certificates q the fourth
Gay aft: The elect,un at which t11,t The retains
fiom he precincts Of South chicsgo ard the I'd
him, though feucsted hy rersoEs prescnt (as al.
1eEeG} to ;tfez the rangses until 4he SANE should
ee cent IN Ffon these ansi o.her allegations it
hirl tllhar through All l9G5ruEt mistase
Of law er with the corrupt inseutioa Ct deiratiup
TIT election oi the Fel't1or ard Other candidates
ard iI,:etd this Intention is c2ln.Aes charged,
Tie rtascn or nr1:.c If the act is NOT .,atesi1,
il lie %ic"- il which 1 I'm now considc. i1g the
question, w: az o2e of puwor to do the a:t ct
1he tine Il was don: ~ the 6rstute 1s had ne
. ri
Gay a1:tc ihe il .::ca lsless all the returua had
tstn received :! him On the tou1th day when ti,e
ca7'ass Tas nssde- Thsref,rc. his act ySas wholly
5Es=:ei5 AID sn1c, aud the result rs declared 81
she tsa.6, snd the ctrtjteates iesuad ny the ccrS
HuEt be l.sA11=d o1l this an:ion ~ Of ra.1dsS
Ant a aav,Ie 1e r'n5e 3gal sig gniicsnce Or fo1ci
Certificates sEsu-G by the clerk
TEL Il Is srgHeG ~ TIE esrnEG=,sts that nanda
Iosz s1E a' Board oi issa.e hyr caS sas
Tasscd tit voica ans. isareti certificates OF cleo
;tun tt: the persons declared elsc!ed, and lhost
pe7:tns having taken lhs oatn Of Office aud there
| hy became flcczs nc jucto cannot he no;e dis
lib except by r''0 7cu'TQnfo. To constitute 81
officer Ge 70cto there mist be some color Of 7i.h
10 H. ilcz, .: a1 a@qa5:z: eac ~ tue part Of I'll
| 1herase, the presumption at least :ef
sslSs:his ssl election; W,lccx IS Saith s Wend
o'jses!c:s il met Ay tho puir1 already decded, W
thst: thy canssss he1ng vcfd. affords ro color {
| :i:sL haisye: '.n:;s: esias To. po.ser in III
y IL
Ttrr aets consequently were co,vm 'son -7seli-6-
net furnishing e7tn q eolsFaDse p7eiensc Of risl,
H. iSe esIt:oasts: II .he eAse Of the Pe.,ale {
| tl4e court NiN grant tbs writ for the Office {
! A.yo1,r:f-2 thcr. ha: 5cc1 void election, thouu
there may be a aayo. eie }ae.o though not dcjaT
under void el.c!ica though there holding a. fact
uttcT il, tile VIII MT affr.d i ground fer denyin
ine writ 70 proceed to ~ election to al tie oiNcs
! Ne!.leT il this case. thouid .roln3le5s assum1
tiCEilOU DSStEnUGH nj
{ iicc te fatcfo, prevent US from awarding 1hs wr
hscaats e. it ii: j. pretended , that TIC It'll
eIatc oi facts Is Lat alleged cannot nsa erea,
suclla G"n't ot the true Tile as to justify h
Withholding Of ia'<: wit snd send;ng the relatt
was rec:ntiY approved in Is Ills 395 And on th;
ground aoEe lbs relatoz has established title
the VIII. NJ l'e h=5 shown in his petition that
,ass u1.!f al! the retar.:s had tcea made, that
wc.!a hsv:: Tad majority Of all the votes ca:
at tho clectlo1.
Eu. as TIC caae las been Giscnased by co7ns
psuly eH The apsuupts%n that no .1ay is pr
eeiihtd by tc star utc, a.la thst the time for Gu
yGssi!ae is hfi n the sound discretion Of Il
t1efk, I shall briefly ccnt'der the objectio
al:va6y ttated fE4in tlils poinr Of view.- The q
jsctioE is r. fully sud Clearly stated ir the
NJ, sr: Ttst the hoArc OF canvasscrs hayfn
+: IN legally canfaes.ti il print 1T time, that X
1tturi!=. ir2 that hayihg cye7ci:cd the same a
c6rnlns IN Intir Judgment and alj0urned, thece
n7a7s sas. emile a7,d dcc1ara different resuI
'ihe rhi. stitn :G1:s FISH Wal,d GcHy the p,wt
! ia .Sstt III! TE!1 ~ well Ehere ttA set Of tt
| tnvn Clerk il ccneenfng The hoard vas With
1sncn!en- intent is wbeie it was dnne in goo
fa!,h all in aa h2Eest exe1ci=s Of his juG,
ut7t. EEt i.tIe the molten tu unaah Il
altt7Easivc writ admits tl'st the town clerk ":
l i:y il. t:..t O! certain acts ,,hcu csl. Cn!y
| r:ts;d.G 80 cezTuE: ans # -sdul.nt- Bnt apar
" nd aEst IT,. !so"sr 10 :ssu. the writ does n
Gtrc-i !tc'n 1l,c GEts:ior OF 5o1a sS.;es and tht
tie CHS scs really axe 10 distinction between IN
cal acts Gtnt: ~ tht canyassrra f-vm cotfuuS mi
duty- Bette. In rll,s yicw. it is rot ;uoCrta.
| whether the TetroldsHt acted corru;,tly o7 io
c;11y, The OILY Matter bcir:. wh-.Esr he acts
| aEainst Inc la.s regulating sEct cases.
wit rSsts, il, tla1 tts lard f Claytsse:s H.;
rad all1 tyetcis, 4 jEi:e1a aic. tim and ssur
ing shat they acted IN good faith, cannot fe c r
rt..t6 to act 2Ea,nst ,hciE GwH deliberate 5ai
14ents On thc Siher aant! it is c.:imva t1 t tn
clsts OF powers is purely ministerial. anG does
t:vt:;re jn1!c'ul dt:c'ttlcn. THs question 80
oha: le jnGicill ard what MINISTER'S! .-e-. h
herr 11tlEs II y determined by tEc Suplcnle III
and nothing Iacrs Q: authority is derived ueon
In the Feo2levs Pea7ssa ? seam. sol, moaG4m,
WAS lei It'd 10 compel the judgc to sisu the bin
I | exrept1nAs presented 1c him br the Knlatr
fhthGh h" AcG t,cNE siy5s1 enc, was admit
signing and approving the bill is in It's nature mi
iss.;!ai: Though legal Liscretior Is in some me
Eugeto be uetd in determining whether or nos Il
bill =hou!d be signed ;" The point Of til
ease heweyer. is. TINT the get Of the ind
{ ~ him, in bic retnr! ia the writ was the,
fore apparently wilfun and Illegal. It is, the,
, | fsGc authority for iseuiny the writ whenever h
M sst combined Of is ce5sapt and Fraudulent. :.
| ard the People cx rel. rs. Wilson, 18th UIino
q 1913. applications weir made for the appointue
s q con,HrssioneEs for the appraisal and condemn