Telegram-herald., 1888-04-26
BELKNAP BALKED
The AHyer.isy Moast~in Nsthisy bns u
Mole -hlli-rhs maaGsmas 6rsntsa-
Ias Aiaaight kids Of The
1siios Esxes

subject. the petition for q mandsmus pre-
scented BY Mr.. weston's attorneys 10 dismiss
all proceedings before Probate Judge Per
kins locking 10 q recount OF the votes in the
several wards of this city, was granted with
out dissent. By this decision ali proceed
ings before the Probate Court of Kent
county in relation TO the Grand Rapids
Msyorslty case have besn stayed The
dec sion in full is given below:
sUPREsE CoURT or MICHIGAN,
/. NJ. WEsros, RELATok.
CYRUS +. PERKINS. JUD6K or
PRoBATE or KENT COUNTY.
Filed April 25, 1855.
Sherwood. Chief Justice. delivered the
opinion OF the Court
Al the recent municipal election in Grand
Rapids, the relstor was . candidate for
Mayor upon the Union ticket. Charles 4.
Belkpap on the Republican ticket aud Ber-
tram w. Barnard on the Prohibition ticket.
Section 20 OF Title of the Charter Of the
City of Grand Rapids relating TO elections
of officers, provides that: This Common
Council of the preceding year shall convene
on Thursday. succeeding such election, at
o'clock in the afternoon. at their usual
place of meeting. and the statement of votes
filed with the Clerk of the city by the in
specters of election, shall be produced By
said Clerk. when the Common Council shall
forthw determine and certify in the man
ner provided by law, what persons are duly
elected al said election TO the several Offices
respectively. All officers elected
as hereinbefore provided shall enter upon
the duties of their respective Offices on the
first Monday Of May next following such
election, unless otherwise herein provided"
Acting under this provision the Common
Council met on April 5, and canvassed ths
vote, and decided that the reiator had re-
ceived 4.605 votes. Mr.. Beknap 1896 votes
and Mr.. Barnard las. making plurality OF
nine votes for the relatOr. The Common
Council thereupon unanimously deter
| mined and certified that the. relstor
had been elected TO the Office of
Mayor for the year commencing on the
| first Monday Of May, 1888. A certificate of
| election was accordingly issued and on
| April 6 he filed his acceptance and oath OF
Office with the City Clerk, and il now
| Mayor-elect. under the action of the
| Council.
| On April s Mr.. Belknap filed with the
| Judge of Probate of Kent county q petition
| which purports to be made under Act 293
| of Public Acts of 1887, prsy ing that all the
| ballot boxes used at the election might be
| brought before board of examiners, 10 be
| appointed by the Probate Judge. and by
| them opened. and the votes recounted for
| Mayor. He named his representative on
| this board of examiners. Upon the fling
| of the PETITION the Probate Judge made an
4 order fixing April IL as the time when the
| Board of Examiners should meet, and the
ballot boxes should be produced and opened
by them, and he caused notice to be given
| to the relaior TO appoint member of the
- Il "A
AZ 10 a. m. On the last named day the re-
| lstor appeared specially before the Judge Of
Probate, and moved that all proceedings be
| dismissed. for the following reasons:
First-ThaI the Common Council of the
| city of Grand Rapids lad determined that
the relstor was elected Mayor at the cleo
ton.
Second-Thst the Common Council of the
| city was the sole and only Judge of who was
| elected Mayor. and alone bad the power TO
| decide any contest relating thereto.
Third-That neither the Probate Court
| nor the Probate Judge had any authority or
jurisd iction in the premises.
Fourth-That Act No. 293, above men
| toned. did not apply in case of a contest
ed election for Mayor of the city OF Grand
Rapids
fhe Probate Judge overruled the motion,
and upon the relator declining TO name q
|
| the Probate Judge himself selected the
remaining Two members. Thereupon the
| relator applied to this court for msndamus
| TO compel the Probate Judge TO dismiss the
| proceedings. An order TO show cause was
granted. Return has been made thereto by
the Judge of Probate, and from which il
appears, the foregoing proceedings stated
were then occurring before him down to the
time the order was served
II ~ A. L
well expressed in its title which reads az
follows: An act to preserve evidences OF
error or fraud in the counting of ballots and
in election returns. and in the count of In
spectors of Elections and the declaration
OF the Board of Commissioners in contested
elections"
II i. evidently intended in the manner
and form prescribed IN the body of the act
TO ascertain, ii desired by the parties who
are interested as candidates Ia contested
elections. aud pertetusie the evidence Of tht
acts and doings of those charged with the
duty of conducting the elections. when they
occur. and OF the count made OF the ballots
cast for and against any candidate 81 such
election by the inspectors thereof. or by
those whose duty it may be 10 make such
count Of the votes.
Title TO- SC 4 Of tie Charter Of Grand
Rapids. provides that The C0mm0 Coun.
cil shall be the Judge Of the election and
qualification Of its own merrbers, and 4
l decide mon and determine contest cd eiec
/ tions Of members thereof" And Title 3
Ssc. I. says the Mayor and Aldermen o
said city shall constitute the Common
| Council"
| 10 u claimed hv the rslatoT that thes.
sections n the charter are conclusive Of tbs
sciiou 10 be taken by the Council. and tbs
~ setion IN hit case is 61al &c 70 bH
election, and thss &C; IA. Pubic Acts iss7
does not apply 10 bis csss. o. % . contest
Tor TIE mayoralfv q Grand Rapids.
he SIS up TIE further fscf n his petition
| that subsequent 10 The ooaus of the setes
sne return beng made - required ~ las
sud attsr The votes bad been anneaDcea q
| 81 ire polling piscss saHe ol ths bslo
bores cont*lai0E the votes ws~r s4kfn fForI
tntir proper piscs 81 deuosit soo castsag b
| nnsutbof1zsd persons sno hsadiea hr tbsn
wbe1 ter were ~ rseslea. thst fbsT ver
osrried sbeof tie city from : sns - g.lsos Il
hscf ~ sDch F<Fsefs in The psQbf tfsoe
end thsf tssF vere efsefwsfrs rsfs~red a
/ theen or so8e cfbtf rrfeors 81 the rslz-
f-csn -bsch theT wrrs teken. These Esee
.rp hFoaest te ne effsrftan ~ fhe fear
f.sr fhe rsesen thsi ths - r>skes thr rass
"a fhix trarre6fne ceueirs5sr. Arat A.
r,s~sr - se.a s. The fa6ee - rtasste E
asserrrioe H<kere hins sAe noea~vsr.sss =.
tsrsersres vlte IRE fasteir - tse hs