Telegram-herald., 1888-04-10
BELKNAP'S CONTEST
= MOTION 10 DISMISS DeNleO.
III wesson's Counssi Eefase 90 APpoint
. asmbsr Of the k'rop sssa C@nsAssaak
Board-fhs AID "a the Supreme
CouFf tne0ksa.

bate C0ur. yesterday there was quite
number OF spectators present.
Aessrs Blair, kingsley aud klelnhsns
were there for l. NJ. Weston. and AR. Bel
knap was represented by J. c Fitzgerald,
r. " BuiterGeid and John Patton. IN.
Mr. Kleinhans al once made motion
that the petition Of ChSrlrs T.. Bsiknsp aad
al proceedings Herewith be dismissed. lie
gave the following reasons for the request.
| First, That the Common Council of the
city has already determined that Isaac 81
Weston was elected Mayor OF the city ~ the
said election.
Second That the Common Council Of the
city is sole aud exclusive Judge of who was
elected Mayor of The city, and alone has the
| power 70 decide any contest relating there
unto.
Third. That neither the Probate Court
nor the Probate Judge has any jurisdiction
or authority in The premises.
| Fourth, That Act No S,5 OF the Pubic
Acts OF 1857 does not apply in case of a con-
| tested election for the Aayorsity OF the city
| OF Grand Rapids.
| Mir. Kingsley then said 20 the Court that
| If they had not entered tie above motion.
and had come into court 90 proceed under
the notification of the Court. they would
i nainel
| member OF the canvasSing board.
! Mr. kingsley then argued the motion en-
| tered. his address 10 the Court being ia sub
stance s. follows.
The sole question presented here is this:
| Does Act 295, give jurisdic ton or power TO
the Judge of Probate 10 organize a Board OF
| Examiners % open the ballot boxes and re-
| count the votes cast for the candidates for
Mayor OF this city at the election held on
Monday last? This power Is claimed by
| Capt. Belknap 10 exist In the act passed al
the last session of the Legislature. Mayor
| elect Weston denies il.
| The act referred 10 was passed TO pre-
! serve evidence in contested elections with
out the defeated candidate waiting TO com
| mence quo warrsnto proceedings. and the
statement in writing OF the result OF the re-
count is declared by the act 10 be conclu-
sive evidence in any subsequent proceed
| ings at law. This is the object ana scope OF
the act From the very nature of the act
It's title, and ali that there is III il, il clearly
appears that its sole purpose is to correct
| errors and perpetuate ana make conclusive
evidence 10 be used in legal proceeding in
court. of law.
HAS this act any relevancy or peril
| nancy TO a candidate intending TO contest
an election for the mayor Of this city,
| "In the first place it will be noticed that
| aldermen Of said city shall constitute the
common council Title 3. Sec. l.
In the case OF the mayor of Alpene,
| Goth Mich, 20l) where the charter of Al
| pene declared tnst tire mayor. recorder
! and aldermen when assembled together ana
organized shall constitute the common
council OF the city OF Aipena.' the Supreme
! Court said this: There can be no doubt
that under the section I'D question the mayor
1 So ,or Of ~ priI
if the English language can be understood
there can be no doubt that under the sec
! ton referred 10 IN the chsrler OF this city
the mayor Of Grand Rapids is a member
of the common council of this city.
''As was said by Chief Justice Campbell in
the Alpena case, The Mayor mas been
! deemed a member as clearly as the Alder
7 men,. II will also be noticed that our
charter declares that the Common Council
shall be the Judge OF the election and quail
fication of its own members, and to decide
| upon and determine contested elections Of
| members thereof The AlpenG charter
said that the Common Council snail oe the
Judge of the election aud qualification of rs
| own members, and shall have the power to
determine contested elections and in tnai
case il was held that this language was con-
elusive as to the authority vi the council ia
decide who Was elected Mayor; their action
vas final and not subject 10 review; that
being go in Alpens, il must be equally so in
| Grand Rapids.
I'VE are well aware that in some other
states il has been held that under charter.
of municipal corporations containing pro.
visions like the Alpena and Grand Rapids
charters, the jurisdiction Of the CITY council
is not exclusive. but only concurrent With
the courts 20 determine contested elections
and that giving the council the power to
determine contested elections IL only cumu.
lative and not exclusive of the ordinary
jurisdiction of the courts: NcCresrv on
elections, section 25s But the policy ol
the STATE Of Michigan differs much IN The
matter Of contested elections from some 81
the ether States. a for instance. in the case
OF Governor Dafsiow, Of Wisconsin. quo
warrantO proceedings were brougb. agsinsi
the Chief Executor Of that State ard the
courts tried the title of the office. McCresry
on elections. section 341.
The constitution Of this State declares
that when the determination Of the Board
| of State Canvsssers is contested the LEXIS
lafure IN Joint CONVENTION shall decide
which peTson - elected 50 t1et quo war
rsnto proceedings against the person occu.
/ pving the executive chair II sbis State - an
| impussibility Our Constitution does not
permit the regularity of elections 90 tbs
more important Offices of the state 10 b
tired by the courts. aud Judge Campbell
SAYS that this provision Of the constitution
was suggested hv The serious difiiruifiel
which would attend inquiries 10 contested
elections ~hsre the ballots ia great mum
Der of election precincts would require q
be counted. and also encourage needless lit
Alfsfion ~ tbe Instance 0i disappointed can
efsfes I'D Mich. 59l.I and iu th'
Aipens csse the same Judge said. In cities
-nere the ten urs of ofiice fs short sBo is d
/ lecsi rather than general interest b bs'
been Common from = ve-y cary period Il
creating these Municipal sgslatarss 70
give them fhs same p3zer o. Liberalization
~ local Offices that j. gwen 90 tns STATE
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