, 1873-06-15
THE CONTESTED STANDARDIZATION.

/ The Application for a Writ OF Que
WArrnnto Calling on Waite to Show
Cause Why EQe Should Not Vacate Of.
| fice-.-The' Rule Discharget---JudE<
Tree holds That Where q Citizen
Participates In an Election No Can.
not Afterwards Upset 1t.
In the Hyde Park election for School Trustee
! CASE where John r. Lewis prays for writ o1
quo warranto calling upon George y. Waite tt
! nhow cause why he should not be enjoined from
| illegally exercising the Office Of School Trustee
Judge Tree yesterday rendered the following
opinion:
This WAS rule obtained ut the relation Of John 3.
Lewis, calling upon the defendant George ". Waite to
against him for illegally usurping and exercising the
office Of Trustee OF Schools Of Township 49, North
Range II East Of P. n It appears from the aids-
Of the township in question. did in pursuance Of law,
give notice Of election to he held at the school
house IL District No. +. the 18th day Of April from
m. to p. n for Trustee Of Schools. That at
the hour appointed, 1t ts alleged, the Judges OF
tho election met and being uabe to obtain to
election would be held at the house Of ono James r.
Ely which is the street, not far distant from
he place originally designated That The elections for
the last FIVE years, and it well known to the voera
Of the township That the relator attended the elec-
NOW D1 IN asp2te be sas
there for School Trustee himeelf, and voted
as IT., thet pla:s Il i ~. furthsE appears that later
bed at Tho schoohouse, elected Judges, mud proceed
Cd to hold election for School Trustee. At this lat
favor of the reator tor tbs Office. At Ell. house
there liz votes cast LOG Of which vera for the
respondent Waite and tie remaining for the reator
It IL caimed By the reator that tho Judgea had no
power to the election that day to another
place than that originally desgnated iu tho notice. and
therefore that tho election SO held Ut E1y'A house
Illegal. -
In the view which take Of the case do not decm it
to consider the question to whether
the election Al EIyg house regular. am satisfied
that ought not to make the rule ubaolute under a Of
tho circumstance developed by tho atidavits file.
It seems that Lewis candidate at the election
held at Eys house, that he voted hfnnEc, and nnru-
ber Of votes cast for him at that paca The rule
think, is well settled that where one concurs in an
quaiies Himself from complaining % Of it. It M ieast So
far as enabling him to become r1ator In quo war
rhnto proceeding Conrta are never disposed to
in the very act which they afterwards come to COM
Pm aa Of y whe1 II It saa thet5 ppese sz Clarke
voted at meeting for the election Of officers Of the
borough, he will not bo allowed to become
titles Of tie persons there @ % elected tSn on soe see
court Of theobjecuon to the tito OF the presiding
officer unleas he shows that It the time Of tho elece
cannot bo contended that the re1ator ws ignorant
Of tie fact Of the change q place. or any Of the facs
II the election 1t the house Il Elf. In The Te1y iats
case Of the Queen Y. Lotthouss and Wilson, reported
In Law Reports, Q. B., years 1865, 1856, the pro-
piled with At An election Of a local Board Of
Heslth, but the relator. having voted It and
participated in the election, the Court held that be
disqualified han complaining of the legality Of the
election In the character Of relator. The Court say
kat 1t Is very much nks the case where an arbitrator
aaa done something wrong, but both parties,
Although knowing it, nevertheless proceed md neither
:an Afterwards tako advantage Of The objection The
ue must bs discharged, NTH ooss against the xsator