The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-12-30
Indigestion
Yields TO the
Stomach-toning
Appetite giving
Qualities OF
Sarsap arilIa


ut issue upon their merits. We think. too.
Tie duties Sns ~ ths
Board Of Csnyhssers renders Its discrimination
3 " sS heR RSRest erder TINS ' 'S
There ought not to BE- any divergence se Of
nature OF these functions and duties. or what
s aSss aqsh.
ciusion that the office OF the hoard OF Can
Is by aIst sats snd 'Sa ai
Statute with absolute and certain dstisa What
ity Of the Constitution Of the State, undertook
S na ts Sy
the law, the Board shall. upon tho certified
copies Of the statements made by the Boards
ment Of the whole number OF votes given al
for The a5oSs each oi Of
given "f iS1 eithsr ,0'S sSs saiS
S Sss Given s9a hs sS n S Several
Fissn they Icy shsII ssstiy SUCH s,ats%s1t s e
shall then proceed to determine and declare
SF Il ssete Ss oGe
either oi them; They are then to make and
81 ssd hG ss aeSe t
same to the Secretary Of State;
IL that defined the Of the
Hsis st isr Sest
vi %ors se nas b p1a 5ssnS g.
inevitably forbids us to entertain an opinion
that any judicial powers are vested IN the
under tho statute to determine upon the state
ments which they must make from the state
vassers. What persons have been by the great
est number of votes elected to Office they
beT not In any to sa saae
arltimetieal manner, from. the various
statements SO made that they must declare
what persons have been duly elected That That's Is
permits in cennsetion with the election and
By the Board OF ny Of he
afforded by the law for any determipation to
returns which the statute prescribes as the
duty q the County Canyassers to make and
@ 6nss so1 Of by
for the various officers as they APP APP
The statements returned BY the County Boards
s shas namber S S given each town and
district. the names of the candidates, and the
number of the votes given to each. Thus: IT Is
statste that t tse limits Tor the aetion Of the
State Board Of Canvassers are fixed. and that
proceeding upon anything but the certified
statements required by statute to be made
nd be a BY tie to- The sn sae and oter
The Board is called into n temporary existence
by statute, and for the mere purpose OF
Several ' counties and to declare the result Of
ery opstrueted BY the for the pur-
pose Of determining and declaring the result
Of the Votes east At the sestHn 1t E Uey
ssass e
tion Of the final results. 10 imply the posses
sion Of a power to determine otherwise than
for: to invest this Board SO manifestly created
for the fnltiiment OF ministerial r junction
tHe p nny be to
frage. the purity Of the ballot. and a correct
and counted. made in strict compliance with
the laws enactea by the aegssIatured TER the
10 invest tody Which has been selected and
created as d mode for ascertaining and declar-
Ing the general results of elections with power
to determine questions concerning the con-
duct or legality OF an election would, IN my
Judgment. 20 fartoward attacking one OF those
policy. The Constitution provides Tor clee.
tions by ballot and the Legislature enacts
Laws 81 susa a
the result. For the settlement Of contests
over elections courts exist with ADEQUATE
plants. and. for that end, to take proofs and
to adjudge accor, ingly: while as to the cleo
ton returns and qualifications OF its own
members. each House Of the Legislature shall
Judge. These. Boards OF Cnnvassers derive
their powers strictly from the statute; They
the returns. They are restricted by the law OF
their creation to certain prescribed functions.
and in their ful flment they act under the
written commands Of the statute.
Sss {5 ts ss SSd ny "
clad either the State officers orth subordinate
boards OF inspection with power to hear and
tie return Z the intention OF the voters. The
strictness with which these boards should be
sound policy and enlightened wisdom And
again, speaking with reference to the acts OF
Boards GSSun the same Jndee
tr ii, INSPECTORS. Which is lair On its face thoy
have no right to 60 behind it. They must act
ti"s aegrieved e their remedy through tho
courts Of Justice
was the same s then as I Is today The views
the functions OF Boards OF Canv1ssers lead TO
board was without any power to regard or to
act upon anything before them in relation 70
Senatorial district. except those certified
statements which tho County boards
were directed by the statute to make
The alleged facts in the affidavits and In the
protest OF Mr.. Collins. accompanying the off,
cial returns OF tho County Board. are not such
or as should have been transmitted to. the
State officers. So far as they relate to viola
tions Of the election law. they may DO made
far rs they attack tho legality or vaidity OF tho
REALTORS election. they may DO made the sub
possesses full jurisdiction to hear and dctcr-
mine such contests.
For the reasons which have been given the
order appealed from should 10 affirmed