Telegram-herald., 1888-04-26


Of the county II which the election IL held.
cause lhs ballot boxes. or sach n0mDer of
tbsm a. be May specify IN his pelilion, 60
be troaghf before the Boapd at Examlners,
created sy ssetion Of this scl. and oy aid
board 20 bs opened, and the ballots thereln
coanfed, provided that ~ the time Of flinx
sueh petition bs shall deposit thirty dollars
With s9cn Judge OF ffota.e which aEnoant
shsli he disposed VI e. hereinafter pro
yided.
sec. ? Said petition shsli set forth that
the petitioner sss q CANDIDATE Tor the once
claimed by blf8. 1no by MIN lntelsded ~ oe
contested. and thai he received votes there.
for that be las good reason 10 believe and
ooes believe either
First, that there WAS error OF fraud IN
the count oT IN the reterns oi the Inspectors
of election, OF,
second, that there sas error OF fraud ia
the count or determination Of tic Board Of
LanFssseTs. or.
both, and that II IL his bona hde iatsnli0n
10 e0ntest the count aud returns Of the in
speciors OF election. or the count or deter
mined result of the Board OF Csnysssers OF
said election, or Of both, and further stating
that be believes that unless tie ballot boxes
are opened and the ballots therein c0uuted,
without unnecessary delay, his rights will
be ic0psrdized. said petition shall be in
writing. and shall be subscribed and sworn
10 by the petitioner. OF by some one in his
behalf. and copy thereof shall be served
upon The persOn or persons who are csno.-
dates for said oIfoe AZ said election.
Sec. 5. Upon the filing OF said petition
the probate judge shall notify the Board Of
Examiners created by section SIX of tlls act
OF the fling Of the said petition, and shall
ia the notice sppoint time and place for
the Board OF Examiners 10 meet, and shall
issue an order causing the ballot boxes 10
be brought before the Board Of kxaminers
created by section six Of this act al . place
and al a time specified IA The order, which
shall not ne less than two nor more than
ten days from the issuing thereof; and .
copy Of said order shall be served upon the
persons whose election is 10 be contested
and also upon the officer in whose custody
Is kept the ballot boxes OF said election,
whose duty il shall be 10 producs said boxes
before said Board of Examiners al the time
and place named in said order.
Sec. 4. Upon the day and at the place
specified IN the order the boxes shall be
brough at before the Board of Examiners
created by section sIx IN lof) this act and
opened by and IN the presence of the Boerd
of Examiners and Judge OF Probate, and
the ballots therein shzll be counted by said
Board. And the Board OF Examiners above
mentioned shall proceed 10 count the ballots
in said boxes, snd continue the same from
dsy 10 day until the completion OF the count
thereof, and shall make statement ia
writing OF the result of the said count and
each member thereof shall sign the same.
and II shall be sworn 10 by each member Of
said Board before the Judge of Probate, ana
the said sworn statement shall be deposited
by the Judge OF Probate in the Office Of the
County Clerk, and shall be conclusive evi-
dtnce in any subsequent proceeding st law
OF the ballots cast IA boxes 30 opened.
Sec 5. After the ballots are counted
they shall be placed in the boxes ano sealed
up by said board and returned TO the OIL
Ger who Is by law entrusted with the Gus
tody thereof
sec. 6. The Board Of Examiners TO carry
into elect the provisions OF this act shall
consist of three persons, who shall be elect
ors OF the county ia which proceedings are
had. one appointed by the candidate pre-
senting such petition, one by the candidate
opposed thereto, and one By the Judge Of
| Probate. They shall sit together before the
Judge of Probate probate judge st the
time and place specified in bis order, and
said Probate Judge shall preside over all
meetings Of said board in accordance with
| the provisions of this act II the candidate
presenting such petition or the candidate
| opposed thereto shall decline TO so choose a
member, then the Judge OF Probate shall
| designate, and the three thus chosen shall
| constitute the Board Of Examiners. pro.
vided, however, that when there is re-
count demanded of the ballots cast for the
| office Of Judge of Probate then the County
/ Clerk shall serve in the place of the Judge
oi Probate, and perform the duties herein
imposed upon the Judge OF Probate in
other cases.
4 mt ka ~ 90
dence of certain facts occurring and certain
results reached at in contested elections
when desired by the parties interested.
where the count made py the Board o
/ CanyasserS IL not satisfactory. and such
parties intend TO continue the contest in
cases where the action Of the board 10 not
made final and conclusive, and reasonable
objection has been made thereto aud noace
thereof given. and the statute directs the
mode aud manner In which il may be done
Ia Eases. however. where by the express
language OF the Law. governing the nunici.
pailty. there - no chance for further con,
test. before the Csnyassing Board. aud a, IN
4 this case. where tbe Common Council srs
| chxrged with the duty Of making the can.
vass OF the votes, and are given the ppvei
| an11 sxciRssSe right 20 deiermine TIE ouali.
| tication Of tbs officers and the election of ~
members. ana IL has discharged that duty
| and exercisei that right without objection
\ by any one At is very clear no further con.
test can be made and that the statute sboss
| referred 20 does not apply. such are Ia.
! provisions of the organic law Of the city O
T, Grand Rapids. and Entil they have beer
! repealed as has been done IN sor9e other 10.
stances IN he state. no proceedings can be
bad IN the premises bef0re the Probsf'
/ Court no such general repeating clause Il
| contained in the sci. removing the obiecfiv'
/ provisions contained IN tie city charter O
/ Grand Rapids relating 20 the election o
Mayor, and this Court osnaot IN sns action
ii may take supply one. Such being tb'
case 10 o9ject can be accomplished by tb'
! continuance ri the proceedings commsnoeC
before the Judge 81 Probate in Kent county
who il without jurisdiction in the PREMISE
and could DO nothing affecting the iegs
staiufe II the relsior iB hn Office a. MAJ 20
of tbs CITY. There - no occasion for con
sidsr1ng the other questions and bearings o
the case. presented - us 10 the bf1efs an
arguments before as. By the learned couD
sei
| The writ If msDdaDUs must 10 grsnte'
| 6irer1lng The Judge Of Prolssts 10 eussh sn'
dismiss the IFoeseaihgs IN this matter nov
psBding befsre bin. and that SAD CsEr
take ne further rrooseiines under TIE isy
/ of iss1. s3ose referred ~. sgs nsi tbs relsio
- fsf - Feisfes 20 TIE eieSsipn - TIE oillc
81 Mayor ol ins city q Grand ksDaos.
An5 - fhs procesainzs seen - bsv
BEEN taken ~ fetktof and condBcfee Jp1l
bofb saes ~ good lsifh. sDa vlIb . oe>ar
only ~ the gs,4ies INTERESTED - asoerisi,
tbe.r iegzi riehtE rsdsr nss slefute. d
of.s wi - ven.
#crss ans long lodges cuncaF
tsmFh~3 sna tsef.fin. 5niieeA ois na
l sli