Telegram-herald., 1888-04-10

ballots, sn1 upon makln~ sucn recount
shall ~ onoe return the ballots 10 their
boxes sHd csrefulis i&slen tbeE1 snd sea-
The same sRa deliver them 10 the officer
having lns custody u them. and taen the
ioeai board u canvassers shall accept the
recount - msoe ey themselves a. correct
ANY ihing AZ tns previous returns tr0fn ihe
wards 10 tie contrary nOgwiihstsndine
1hls sct clearly covers gae office Of Manor
OF this clly, there can be no doubt H. The
conla0n council ls the osnYassing board
snd this acl passed fss DAYS before tie
probate act c0feu Tie case IA question
without sny Kind of dispute The Act thai
l. now appealed - Is Tor recount after
the oanfassing board have made their Gee
isration and adjourned.
The probate acf cannot be invoked Tor .
recount for the clear reason that there car
be under ne possible circumstances sny
contest ia any court cd law. II Viii be
noticed thsf the written statement shall be
conclusive evidence IN any su0seQ usnt pro
oeeting al law and where there eau be DO
subsequent proceeding ~ Law there can be
no uss for certlhoais. and y would have
40 fOroe a. the proceeding befe Is purely
statutory and ll iausg come within the letter
and spiril OF tue sistuts 10 order 20 be lusti-
he'd. and where Il dees not come within The
statute II Il clearly an Illegal proceeding. IL
IL not necessary Tor this board OF examiners
daiioD OF the Common Council The ballot
boxes are now Ia tie possession of the clerk
Of the Common Council. That body NAV
bring them Ia before II. They have posses
sion and control OF the boxes aud
are sufficiently intelligent ana honest
10 count them themselves. and a.
the Common Council l. the sole
only and exclusive tribunal having sn0
jurisdiction 10 settle this contest Il should
Oe transferred 10 them without delay, ANY
when they sat they will judge and pass up
on the question Just the same the State
Legls AZURE passes upon It's members. and
as Judge Campbell SAID IN the AlpenA case
our constitution IN express terms vests all
the Judicial power IA courts and no such
power can exist IN a legislative Doey. and
when so sitting IN such capacity the state
Legislature nor the municipal Legislature
| are not courts IN tbe Constitution. but are,
es Judge Cooley SAYS Legislative orgaDiza-
tions vested with certain powers Of nnal
decision Tor reasons which are clearly i'm
peratiYe tl3 Mich, s93.l And when the
Common Council takes up this contested
case il will not be q subsequent proceeding
at law. They will SIT ss q municipal Legis-
| latiye organization vested With full powers
| 10 make tnai decision Of this case, and
the reason why the Legislature empowered
| them TO DO II. and that the contest should
| not pass through courts ;s. as Jddge Camp
| Deil says, TO discourage needless litigation
at the instance OF disappointed candidates,
where the public interest does not appear 10
| require it, The Official life Of q Mayor is
almost TOO short TO engage subsequent pro
| ceedings st law.
ANY Office. where the courts can try the
| title, tie candidate under this probate act
| may ask for recount IA order TO obtsln
conclusive evidence; bat where the courts
| will refuse 20 lake jurisdiction or uy tie
| title 10 the ONCE. bat turn the candidate
over 10 his own tribunals the governor,
F.! for instance. 10 the Legislature. or . member
| Of the Legislature 10 his own body, or a
| Congressman TO the House Of Representa-
| tives-such officers cannot appeal 10 this
act because il will give them no assistance
| they cannot 20 into any court with The
| written statement. they have tribunal OF
| their own which has fGil jurisdiction 70
| settle any point they may desire TO make
| about their election. The Common C0uD-
| cl is the sole and exclusive tribunal 20 set
| tie this matter and subsequent proceedings
| at law like the flowers that bloom in the
| Spring, have nothing 10 do with the case
Mr.. Buter6eld replied 10 MIR. Kingsley.
| saying: III / had considered II necessary or
| competent 10 answer all of the prepared
| arguments OF counsel should ask the
<court for further time. but ] Do not Ny
/ brother rs inconsistent he first SAYS The
| Commsn Council has sole, exclusive, and
1 finsl jurisdiction IN this case and then
SAYS there is no tTibnnal that can deter
mine the question. The cases Mr. Kiugs-
| ley cites are not parallel csses. All We ash
| for is that q court Of competent jurisdiction
! may count these ballots that we may have
| the result IS evidence: then we have q fur
| ther and regular course OF procedure. We
DO rot claim toe Probate Judge has any
| power to decide this question. bat he has
n.a.. -
| this count and give as the evidence sought
that We NAV 90 before . proper tribunal
We think Mr.. kingsleys sTgnment has
| nothing whatever TO do with the facts IS
| they e1lst il this case.
Mr. Fitzgerald. in his argument said
"Our Mayor possesses the veto power. and
am 81 loss TO see how Mr.. Kingsley raises
any question ~ this time. In he cases be
| bss cited the Msyor did not possess tie
| veto power, and vss considered ss an al
| cermsn. q member OF the Common Council.
| Under the sct under which We are proceed
| ing the finding Of the Board Of Cauvassers.
| consisting Of three members. shall he con
| si3ered conclusive evidence. We are he re-
to ind out the truth. and my brother is
| bere 20 avoid 1t. be stands on equal grounds
| with us by the provisions OF the statute lie
knows the time has passed for rs % 20 be-
fore The Board OF Canvassers. and be knows
| If We had gone there re would 5sve raised
the same identical objections he raises To-
| day. The Board Of Csnvssssrs and the
| Common Council Of q city sre different
bodies There is q disposition on The part
| Of the defense 10 avoid count
81. Kingsley denied the last statement
and after seme preliminary tsls bei yesn be
End Nr. Fitzgerald. the latter closed his ar
| E0foeut
Judge Perkins stated tbst his duties were
| purely ministerial, and under the statute
he thought il Wa bis duty 20 allow toe svi-
! dsnos sought - be taken before him. e.
be appointed =. p. Sweet - q member Of
the oarvsssDg board.
Mr. kleiBbsns said that Mr. Westen ~0Dld
name 10 one.
Tie Judge fben said that - the statute
! provided that he should sppoini the other
/ Inemeer Re vopie name Freeman Godfrey.
NJ BelKuep roninsted ~ 81 Crosby a.
TIE time 0f fling bic petition. ss bis mem
Der - the bosre
Ar Crosby - Kepubiicsn. NJ sveef .
Democrst sDd kir. t1odfrsv Green fectsr.
TIE attorneys for NJ Weston bad already
/ prepared Iere-s which ftsy vii present -
TIE supreme Do8Ff to-1aT. asking fog vrt
1 81 nsucsu8us c8upe hoe he Proosts Cogrt
{ 90 dismiss lie TrocfstirEs The Ieiitios
ziN PROBABLY slss BE srgHtd to-dsF.
Ths Euesese sociefv's Ngrt.
The regular monthly meeting n tue
Humane Soc et =. vas hsi5 . +. = Proviu .