Telegram-herald., 1888-04-07
He WILL CONTEST IT
c { seLKNAP DEMANDS a RECOUNT a
His Petition 10 the Probate CoNrt-MsFof-
Eiect westOn's Attorneys en the sub
5sct-Wsst.n Ready Ter Contest
BsEsrs the fr@psF Authorities


Al about O'Clock last evening Charles
f. Belknsp fled petition viii the Probate
Cour. asking the judge OF that ooart TO
appoint person 10 sit with one whom the
petitioner would name. and 70 serve noiice
on l. Il. Weston that he should appoint
another person 10 sit With these two, and IA
the presence of the Probate Judge 20 re-
count ali the votes cas-; for Mayor a. the
recent municipal election in this city. The
petition was hied under the provisions Of
the amendatOry statutes enacted last year.
Mr.. Weston will refuse, through his sttor-
neys. 10 appoint person tor such pur-
pose, and will so state 10 Probats Judge
Perkins on Monday neIt when the matter
will come up.
A ATELE6RAz- -HERALD reporter interviewed
one Of the nrn Of Blair, Kingsley & Klein
hans last eyl ming ia regard 10 the contest
about the Mayorship. lie said: Yes We
are informed by Mr.. Weston that Captain
Beiknap had begun proceedings before tue
Judge of Probate late this afternoon. Mr.
Weston came 10 ne Wednesday and stated
that be had been sezi-oficially informed
that there would probably be q contest. and
asked Us TO look up the matter thoroughly,
so that in such event the whole matter
would be properly understood. We care
fully examined the isw, and upon Thurs
dav morning informed Mr.. Weston that the
only place. in our opinion, where the con-
test could or should be made w9s before the
Common Council. and under that view Mr..
Ill. -.
that body on Thursday and join IN any in
vestigation that Captain Belknsp and his
friends desired; our advice 10 Mr. Weston
then was shout this: That the Mayor was
q part of the Common Council Just the same
as an Alderman: that under the charter of
this city as in most other cities in this
State, the power Is expressly delegated by
the Legislature TO the Common Council TO
hear and dispose of all controyerted
election cases concerning their BODY. iBclud-
ing the Mayor the same as any Alderman
that is. that the Common Council are The
sole judges. They make their own investi-
CATION and decide the merits OF the case
according 10 all the circumstances Just the
same as Parliament. Congress, and the
Legislatures pass upon ell contested csses
and decide who shall be their members.
The Courts have no jurisdiction over the
matter at al.
lDcIC EI6 hlSU TWO Jew tttCtiOu idWt-
passed IN 1887 one giving a candidate the
right to 20 before the canvassing board.
after giving twelve hours notice TO the OPP
posing candidate snd have the ballot
boxes opened and recount made by
the canvassing board. In this particu-
lar case the Canvassng BOsrd-the Com
mon Council-met on last Thursday. Cap
tain Belknsp did NOT appear. nor did ne
give any notice Of such intention, and Mr..
Weston received his certificate of election
which declares that 'at the charter election
held on the I'd inst. you were elected TO the
Office of the Mayor OF the city OF Grand
Rapids. Then. 50 fas as this twelve s-hour
law, as il may be called, is concerned, the
time 10 appeal to that has passed.
Now. as to the second new law, what is
popularity called the probate proceedings
that is of an entirely oiierent nature; II IS
| one that is expressly stated TO be fer the
purpose Of preserving evidence IN contested
elections, the evidence 10 DC used as the act
itself states, in any action at Law to try the
title 10 the Office, and the recount ss made
by this proceeding IS declared by the act to
be conclusive evidence IN the court.
Now, il seems clasr that The Only pur-
pose for which this act can be reSOrted TO
must be in that class Of cases where the
courts interfere and they try the title TO any
particular office, as sheriff for instance.
and the act can not be invoked ia a case
where there can he no contest IN a court
over the particular office.
Now, IN the case of Mayor of this city
under the charter, ana the decisions OF our
own Supreme Court. It Is co1ciusiveiy oe-
teTmiDed that the courts in 10 event under
any possible circums aRces, have anything
TO 90 witn the matter. IL is left entirely 10
the Common Council. Mr.. Weston, as We
! understand, is willing u 60 before that tn
bunsl az any time, under any circumstances
and have sach an investigation as that body
| may desire bat we have advised him that il
is entirely improper to 90 iuto any other
| forum or before any other tribunal, as they
| have nothing whatever 10 do with the case.
| That was the advice We gave TO him upon
| Thursday, and we have repeated il again TO
| him this evening.
Certainly, If this proceeding is simply a
| fishing excursion 10 be devoid Of results aud
| is not binding upon anyone. but a mere
| hsphazsrd affair, it would seem TO be Mr.
| Weston's clear duty to insist upon the c n
| troversy being transferred to the proper
tribunal, namely, the Common Council.
| where it may be determined cOnclasivsly."
| Mr.. Weston was found at bis room st the
| Mortoo House last evening just leaving for
| the theatre. Yes" he said, Il was served
with notice Of contest before the Judge Of
| Probate tonight. Ny attorneys have sd-
| vised me ali the while that this whole mat
| ter was in the bands of the Common COUn-
| Gil. | was resdy for that issue when the
/ vote was canvsssed Yesterday, and
Messrs. Kingsley and hleinhsns were
| there TO represent ne. But
| no question Was raised there. 1
| was declared elected. given my certificate
and this morning fiie1 my acceptance and
| oath Of Office with the City Clerk. according
| 70 law. ! am advised thar no court has
| jurisdiction in this matter sud shall resist
l any effort 10 take the case from where the
1 lax pEts 1.-THE Common Councii-vhicn
/ is ne sole and final Judge Of my election
/ The news which was cirCnlstsd about
/ town las night. caused a loud gufsv. The
/ opinion zss freely expressed that the i.s-
| publcsns were attempting 70 make can
l psign fuel