Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1877-08-08
Louisiana.L Lansing Returning Board.

ii
, The Board of State canvassers
composed of Secretary Holden
Treasurer McCreery, and Land
/ Commissioner Partridge, held a
: meeting in this city July 2Sth, and
declined to canvass the votes for
Circuit Judge cast on July I'd, in
: the Odd circuit heretofore reported
in the Republican,. They acted
under the advice of Attorney Gen
eral Kirchner, who maintains that
) the special election was not held in
accordance with tho constitution
and laws. The next step will prob
ably be for Gov. Croswell to make
an appointment; and as j. b.
Tuttle received sixty-one more
votes than any other person, his
name of course will be prominently
regarded. Mr.. futile received
about two votes in Alpena city,
where he resides, to one for his OPP
ponent, u. r. Roberts, while the
latter received every vote excepting
one in the township where he re-
sides. The popular vote cast at
the special election was 767 less
than for President in November
last.
We copy the above from the
Lansing Republican. 1t will be
seen that in the Republican State
of Michigan, If Democrat hap
pens to be elected to an office, it is
only necessary for the Attorney
General to say to the Board of
State canvassers, "Get together
now, resolve yourselves into court
and sit in judgment upon the con-
stitutionality of the law under
which the election was held. Il
say to you that the law is uncon-
stutional. 1t is not necessary for
the other side to be heard. And |
now proceed at once to count out
this Democrat by declaring the law
unconstitutional. 1t is eminently
proper for you to do this, for it is
strictly in accordance with the pre-
cedent established by the Louisiana
Returning Board The Board of
Canvassers reply: "You are right,
Mr.. Attorney General we had al
ways foolishly supposed that our
duties and powers were purely
ministerial, but now, under exist
ing circumstances, we see plainly
enough that we are high judicial
body )" and they forthwith proceed
to count out the fairly elected Off
GER. The official organ of the
party looks complacently on, ap-
proves the outrage, and naively re-
marks that the Governor will pro-
coed to appoint to an original va
;ancy, in direct violation Of section I
!, article 6 of the constitution.
OF course, if the Governor had G
power to appoint, be would gladly {
10 so, and appoint a Republican, o
even if Judge Tuttle had received o
very vote in the circuit. The 23d r
Judicial Circuit at the last Presi- p
iential election gave a Republican p
majority of over one hundred, and p
he Republicans admit that at the 81
election on the I'd of July there u
vas at least two hundred Republi- n
an majority in the circuit, and o
hat Judge Tuttle ran more than n
wo hundred ahead of his party o.
trength. n
We can inform the organ and is
republican Returning Board that h
Judge futile has taken the oath of
flee and entered upon the dis
barge of his official duties, and
hat he will continue to discharge b,
hose duties until stopped by a 9s
tribunal of greater wisdom, decency al
nd fairness than the Returning
'oard at Lansing. That the law st
, invaded they themselves have III
OF the slightest suspicion or belief,
nd they know that the only injury ~
hey can inflict on Judge Tnttle is % -,
, keep him out Of his salary for a ID
tile while. But the people of
.lpena and Presque Isle counties, 90
sgardless of party, will see that vi
e receives compensation from 9TH
r sources until he receives pay be
ON the State. to
The idea that the ipse dirh Of a
xteenth rate pettifogger, who, by dr.
,cident was put into the Attorney Al
eneral's Office, can be allowed, by
with the Returning so
GARD, to subvert popular cleo 70
on without first having the mat a,'
# argued and decided by the 40
roper Judicial tribunal, is too
onstrous for even a Republican w
swallow, unless he belongs to
a y.in0