Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1891-02-06
A.C. ADSIT IS JUDGE
he NAY IlkE TIE BENCH Al ONCE
After the state BeAra of cessasSsss
CAnvass The Setes And the sseretAsy
ef state Issaes . Is1tifeate et
Eleesiea- dhs oplnisa~

The supfemeCourt yesterday sustain
ed Allen c. Adslt's prayer for writ OF
mandamns 10 the State Board of Can
yassers. 1hefollowing is Justice Morse's
opinion. IN which Justices thsuaplan aud
MeGrath concur. Judge Long also con-
curing. bat ON different grounds, and
Judge orant dissenting:
Supreme Court Of the State ef Miehigan-Ailen
G Aasit ". SECRETARY vt stats. 2E1 Alien (.
Asst ss- Board ot stats cslgassers FLED
leb- !. lssl.
Morse, jim the fret case above the
relator moved this court as soon a. pos
sible. His application foE nandamns
shows that on the iih day OF September,
A. u. 1880. he MAS nominated by The
Democratic County Convention tor the
county of Kent for the ofhee OF eireai
judge, 10 I'LL vacancy, aud that on The
25rd day of September, 1890. twenty
i've electors of said county requested
the Secretary of State. Gilbert X.
osmun. 10 gtse the requisite statutory
notice OF an election % be held on No
vember 4. 1890, 10 nh sa.d vacancy n
the Office of circuit judge.
The Supreme Court was in vacation
in the month of September, and al the
first opening of the court. October :,
1890, the relator presented his petition,
and an order 10 show cause was
granted. This could not be heard until
November IA, 1890, at which time. for
reasons stated IN Attorney General We.
Burch (present term, We decided 10
hold the decision of the motion until
the hearing IN Attorney General VS..
Burch, which was then pending IN this
court.
Under the opinion filed in that case
the rela.3r was clearly entitled 10 has
writ, and IT was the duty of the secre-
tary of State 10 have given notice OF the
election as requested. But under the
circumstances, as shown IN Attorney
General vSnBurch, We should not have
granted costs with the writ, as the sec
retary of State was not reprehensible IN
refusing the realtors request, IN view
of the provisions of the law OF 1889, and
the questions raised IS 10 the legality OF
its enactment.
We must now consider the most diff
cult, as well as the most vital point, as
1t affects the relator, IN the whole con-
troversy.
In the second case above, of Allen c.
Adsit, relator, VS.. The Board of State
Canvassers, respondent, il appears that,
acting upon the nomination OF the
Democratic party, and believing that It
was competent for the electors at the
general election on the ith day OF Nov
ember, 1890, To elect 8 successor TO
Judge Burch, under the constitution
and laws of this State, steps were taken
by the relator 70 give as general notice
Of such election, and his candidacy for
circuit Judge as possible. IN view OF the
refusal of the Secretary of State and
the sheriff of Kent county to give the
statutory not ces.
The realtors name was placed at the
head of the Democratic county ticket
upon all the Democratic tickets printed
by the Secretary of State for said
county of Kent; hls name for the Office
OF circuit Judge oi:tne Scvnteenth Judi
cial circuit, to fill vacancy, being there
fore on the official ticket OF shis party
in said county. This official ticket WAS
published IN the several Democratic
newspapers published IN said county.
including one published IN the Holland
language.
And in such county the fact of his
candidacy fox said office was published
as n matter Of news IN the Republican
and independent newspapers, and also
the claim Of the relator upon what
gound he was candidate, to-w8t: That
the appointment of Judge Burch by the
Governor could not IN law continue
beyond the general elections Of Novem-
Der 4, lsoo. And proceedings OF said
relator IN the Supreme Court, taken be-
fore said election, were also published
III all the newspapers.
The rclator also caused printed
notices, signed 10y toe chairman and
secretary Of the Democratic County
Committee, TO be posted and circulated
in each of the townships and precincts
of said county. that an election would he
held TO supply such vacancy IN the Of
flee of Judge of the Seventeenth Judi
cial circuit Kent county,, at the gen
eral election TO be held on the SAID 4ih
day of November, 1890; and the fact
thereby. as it is alleged 10y relator, that
such an election OF circuit Judge would
be held "hccamo and was notorious IN
all the election precincts OF SAID cir-
cult"
At said election in sad county Of
Kent. the relstor received at every pre-
clnct in sad county, nearly, II not the
foil vote Of his party for SAID Office,
beng II .65a. The Democratic candi-
date for Secretary OF State received
II $50. Auditor General, 1922, Mem
Der State Board of Education, II ,106.
state Senator. l,529: surveyor, J. ,C93;
coroners, II, ,635 and 1893. lie re-
ceived more votes than the following
candidates upon bIs party ticket. To-
wit. State Treasurer, sheriff, register
of deeds and prosecuting attorney. IN
the whole county, taking the vote upon
surveyor and coroner as far index
of party strength, he ran about .
votes behind he ticket.
The whole vote on member OF state
BOARD OF Education was as foIiors
Hammond, moCTat.-..-.-........~11,7 1 zoe
Ballou Republican n....-.-............ ln.ofI
( Howell. Prohibition. Col
Litter, Industrial flai.....-..........-...-- IS
lOta4 .+..-t-..s. 10000 90
one-half Of this would be 1l,7z7, 40
that the re3stoT received not quite one
half OF The fuii vote Of the county cast
I for the cand dates for other Offices
/ But 4 tire Republicans and Prohibit
fongSts had not sDFffyzyr te4 the 80 yTse