, 1876-11-18

Of tho order, except tho presumption whcl, al.
why's attached that tho officer did his duty. Tho
law never intended that tic result shoiIld he dr-
trrinnel ty the tally-sl'ccts. They were entirely
unesscntlal.
Mr. SMITH
spoke next. The Question ncmdlng was IN ono
resGccs an important one. Allusson bud been
n1atlc to tho exasppratcu state Of publfc sGnti.
tncnt existing throughout the co,ntrr, and
gruw.i1g 'i.trust IN. the community as to
whether voters werp hcuE fntrly dealt witt, ly
Canvassipg Dnarls,--whcthcr tic parties wlnli!
the people lad cliosci! wcrc tv be eonntcd
out or counted H., There was no mora!
eeen esesI'' sies'eI In % cook County. lle E agreed
that The law was TO bc administered -
tint ttle people u,use receive tnselcc through
and under the Constitution at'ti the Inv. an'l
not outside q them. !twss material TINT t1.cy
should he administered so fairly that the Board
should not be subjected even 10 tho suspicion Of
uutaIrness. Tie assumed that that -spirit
nctuated every meHl@r Of tllc Board. u any
perc,nptory and jufsdicttonal matters tlint the
hoar1 l,a( no POWER or right to count them,
they might throw them out; but Il they vcro
substantially sufficient, and defective merely In
eone directory matters, they should be counted.
liz then discussed tho law with reference to the
construction ut statutes, contcnding that tho re-
tutna were substantially sufficient. and u,lirn-
ing that, wherever tally-sllcet was returned,
~ certificate contrnlle1-that It was The
thing, and the Board Ind no right to correct the
certlitatn by tho talIy-sl,cnt, or to bo guided y
the taly.shect at ALL Il tlIat ba true, Il denoli-
strated tlat the provision for keeping tally
sheets and returning one Of them was merely
tion, it not bUiHg an esscnltnl and jurls.
dtctioual ingredient Of the return. lie
citu1 II ease III The 10Th Missouri to slluw that
the return was to control saying that no authori-
fs,l11I m f1r.bft1rrIt ft1a
ton that the tally-slieet WIS 10 be the guide.
Tho tase 0f Dcardstown Vs. virginia Ia tho
7uth Illinois was also quoted. No bal
lots or aln.!ay:ts haa J.. ben returned, .yet the
Of tho canvasaers tv count Oh the certificate
That no precinct or township could he dlsfran-
cl[sed hy nny such tcel'nlcliity. IN the case boz
fore the Doarl there was formal result Of tho
drawn In accUrdallce with the statute, stating
distinctly tho number of votes cast, for whom,
md tic oillec. Would they ast upon the record
in The absence Of fugitive piece Of paper, kept
sesas ske saRs Tsn TSs enress sns es'e
osittun was presented whether they should not
dtstranclilsc a largo portion oi flle freesncn uf
the county Decause the Judges Of election Ind
Do altered allbtun,: In tho light Of tic author-
tiles submitted aud tho law, the duties Of tllo
Board we're neither eou:vocalnordoubtfll ;and ilc
assumed that they werc ActuateA by a desiru to
discharge their duty ia the spirit Of fairness,
aud would not hesitate to count tn tue men tlat
tue people lad elected at tho pos1a
MR. 4. c. STOREY
replied ton behalf Ut two or three obicctors
who would bo Affected" Tie said the argument
llai proceeded as though the Board was q court
authorized to aisfrAnc!fsu Bonicbn1y. It wns
tnurcly Board uf C1nvassers, AMI tue holder OF
the ceftlacasr issued by the County Clerk was
only prlina facie entitled to the Office. The
eaMvassers simply declarcd certain result from
lad been cited which had any bearing upon the
particular question hcforc them. md not siu.
Eln Que could BE- found where Returning Board
a.t va, topsiGa or even permitted TO- ossvse tho
gard to whether. Or not ccrtaln returps
should bc counted for particular can,li-
date. The Dvard had to de.ldo upon
sMotncth'ns, = t and tic prclim'qery inquiry was,
admitted Tint their duties were ministerial, ana
that they llaa tho right TO decide whether tho
RETURNS, were In form. Mr.. Root had peculiar
iiens about the statute. All Of thu counsel
statute all right, II not NIL right, Tho statute
said .hat tatly-shcct should be kept. It was
Intended NJ . check upon fraud. "sueh Ter
tlicasc, together With one Of tho tally-Itsfs," /"
were received, the Board Ind the right 10 ru,,-
vass the vote, and not until tlleu. No uuc
would be ltslranchtsed by throwing out tho de-
fcetivc precincts. The asgrIevod parties could
EuLNpcl Df 1WllGlI1 kHE CAnVa9aInE OF
tllc vote. The Board could not airora tlem
statute, and were to decided wiiether tiio re- re-.
tuzns wcra IN form. II the tally-lIsts had not
been received, thcy hal no ,nurc right to can-
gass the vote thal, had any other three mon.
Il was tho next best evidence, In caso tho bal-
lut-bo1 md bailota were lost. It was for q
CURT, to say whether, II should DO d!s-
pensed with, The tally-list, poll.t!st, anu
tutcl n "rctnrn.n 10 show that the clerks
certificate was merely prinIa facie, ho quoted
from l,rightlrys Leading Cascs OIL Elections"
Mr. liuri said he tuok thu: position.
Mr. Surrey remarked that II that was con-
relied, the nbsarlity Vt tho argument about dis
franchslng anvoody was apparent. The cases
cited were before courts width lind right to
dedlc such matters. Tttu Board ought to atl-
tMis. hss to t'' law "r they soal ce,tfy to ay-
everything Except tho certificate itself. Would
they canvass tho votu slnrly un tnat1 As to
the ,lcclson Of tic Supreme Court In tho quo
warranto case, this Court said, after alIudIns to
pu!l-tlsts or tally-shccts kept; We do not con-
slider this, bceluso In the rcplcatiuns they do
not nscr TINT the matters alleged Affect tho
w a hsstoFs sa, II they a. az not accas
| ity dirc:tly opposite. Tic board bud
no authority exeeps quaei-iutlic!al, aul should
not "usrts T. fst as%S ths Po,tant @
A"''N''s ~ A"Ss SHoAlN AllA
| sec whether tho returns, whsuI, Include the
| three pnpcrs, wtxc IL furm; they had 1lothIn,
to do with tho question as to whether the stAt-
| ute was mandatory or directory.
| Mr. liurt urged that tue return was tho GER
| tltvatc which tho Judges made; and the tally
| list WAS no tnore part IT tho ol,iu,ai return
than the bai1.t-bsx nn1 the ballots that were
scAlrd up. The return Of Constable Was not
the property he tolk, hut the official certificate
| wllcil he made upon tho writ how hc had exc
cutcd tho llutcs Of his oHltu+
Gen. 1.icb announced u.at there were somo
corrections yet to he made Ia this returns, and
that the decision would be nade as SOON us pos-
sllIle,-pcrilAp8 Muu.lay.
Tho Board then adjourned until 10 O'Clock
this morning.
TIE PRECINCTS
Which arc apt to ba thrown uut, Il auy arc re-
jectct, nIY thuso whcrs no hliy-sl,ccts wero
sent ~, They aru the Sccon! ot tic First Ward,
Fuurth OF Tie Tllirl, Third Of ths Fourth. First
aud secopd VI the Fifth, Second auil Tl,lrd Of
TIE Sixth Eighth Of the Seventh, Third Of tic
E;lehtl,, First Of ths Nintt, Thui ata Fourth q
Twelfth, oil Of Tho Thirteenth, lie Second oi