Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1888-04-15
WESTON WILL WAIT
foH TIE SUPREME COURT DECISION
The Attorneys Give Fail snd Ample
Reasons for oPPssing hs-tsans ~
the Probate Coart-1hsy fEssss
That the Conpeli il the oaly
BODY That has Jurisdic tioa.

70 the Editor Of TIE Pa sesAN hEEAtD.
20 many conflicting statements have osen
made in different papers As 90 the position
taken by Mr. Weston on tie question OF
recounting the votes cast tor Mayor al ths
recent election IA this city that We, IS his
attorneys. think II only proper 10 briefly
state precisely what DE has done aud pro-
poses 10 DO.
"Wednesday morning. after the election on
Monday, M. Weston came 10 our oflcs and
stated that hs had reliable Information that
Mr. Beiknap would IN axe contest We
examined the law ard advised him that in
our opinion the only place where contest
could BE- made was before the Common
Council. which under our charter was the
sole and final judge of the election Of its
members. aud that under the decision Of
our Supreme Court In the Alpsna case, II
was settled that under charters like ours
the Mayor was = member of ths Common
Council the same as an Alderman.
Mr.. Weston also announced that he
would show by the alb 6ayits of III. IL.
Drury. Herman Greble. George X Perry
aud r. f. Carroll. that about rnidniEht on
election night some OF the bsilot boxes
while yet unsealed, we're removed from
thn building where they had been left oy
the Board. by Unauthorized persons who
were active Republican politicians; that the
boxes were seen nearly mile from where
thew were taken, IN the possession aud con-
troll Of the same unauthorl persons. who
finally returned them 10 the building from
which they took them about sn hour after
they frs, got possession of them.
Mr.. Weston felt that in connection with
the question OF re count the purity Of
these exposed boxes would be Il proper sub
jet for investigation. We advised him that
in our opinion the Common Council was
the only tribunal which had power 10 IN
vestigate irregularities of this character.
We also examined the Probate Court act.
and advised that in our opinio the Judge
of Probate had no jurisdiction over the
election of Mayor in Grand Rapids, and
could in no event make any examination
as To the integrity OF the boxes.
Mr. Weston then requested Us to attend
the meeting of the Common Council on
Thursday, when il would canvass tue votes
for Mayor. At that meetiDg Air. Belknap
made no protest no request for a recount.
The Council unanimously certified 10 Mr..
Westons election. The next morning he
received biB certificate Of election. ana filed
with the City Clerk mis- acceptance and oath
of Office.
Friday night Mr.. Belknap served notice
on Mr. Weston OF = contes, aud Tor him 10
appear on Monday ana name one of the
examiners. who with Judge Perkins, would
recount the votes.
We appeared on Monday for Dir. Weston
and asked Judge Perkins 10 dismiss the pro-
ceeiings on the ground thai be had no ju-
risdicuon in the case at all; that &r. BEL
KNAPP. If be desired recount. had the legal
right 10 go bsiore the new Council which
meets Nav :. which had the power under
the Law 70 order recount and MAKE a full
and fair investigation OF the purity OF the
boxes.
Judge Perkins denied our request by
esying he mad no judicial power In this
matter, aud could oniv appoint the eIami-
ners. Re appointed them. aud on Tues
cav morning We asked tae Supreme Court
at LausnE To grant "a an order for man
dsmus 10 stop tue proceedings in the Pro-
bate Court Our request was granted ana
Tuesday fixed as the Jay for hnal hearing
and decision OF the maiter.
Whatever the decision is Mr.. Weston
will cheerfuly abide by it. and no one can
deny his right 10 90 to the Supreme Court
for an Interpretation of the law in this
whole controversy.
BLAIE, KINGSLEY & kLEISHASs.