The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-12-30

were given to Mr.. peanei AM ts r. ,ras cbaroe ed
SsSorns ESsh, SapH ss,,1s Upon from IL. The
Inspectors sp Of election from all the county to
lO4 and SUCH result would elect NJ NJ. sa1o
IN sSss Sy L. RlsfssS PSsf
SSs ysh IF Scan2 Sss IN
sit IN 9dsmenf upon The a sSs q t tb.
Statement state clearly sets forth the astl9n Of the
Board such is e be certhsd as ssS sUr
and attached H Is to b. delivered to the County
flof ( Wholly If Be Tssssqsr the
w was or not o0 Tho Board takes the rsspo9si
t R,,t aycton when he Board has taken
in this case il is alleged by the reator thaf the
to count ana hcn9e the County Clerk !, was ,ss
views 81 the County Seri, acting ~ secretary
ths BSar as action e the h nd ssstsments
S Saty Of IN The sscrrtary Ard the sS
responsibility Of seeing that the Board has
| discharged its duty in mannar cohsis'ehe
wi" HE ' QUESTION arises as to what rse may
| be validity taken in case q Secretary OF me
Board refuses to perform his duty ,m rs % do
and until he does sign the statement is Moth
ing further to be done In the way OF comnNe Net
sS.oiiloio control the situation. and haS
pr nseys sns tSs further shs ssSssasion the
sss as s sas sss sSs
III sss Sot ten and ssl S
appearance or tie signature Of one s,,s Or th ae
the answer to be given each Of these Qnesuonta -
The remedy is not confined to mandamus 10
fSsmRss, tas sa
and temporary absence sanS ire from a the served
s sRsston mash MS from ths. time; SpS 81
thy contention Of the REALTORS r5 sse sacr an
the Board Of Canvaseers and II In any respect &C,
fuses to attest the statement Of the result 81
such action, and in order to be entirely 6 sS.e
se fou tne
further could be done: am quite clear moth h;
the statute providing that the County Clerk
shall act as secretary of the Board and that
copy tEus certified spd attested shall - dsII Sy.
se 9 ns H s
complied with 30 far rs 1t can under the taf IT,
1 Ge Go ssy d hs nS
their place to perform the dudes which apper-
tar tar "a mere clerk 81 the body FOR which he is
as proper officer to attest, under
It has caused to be made It is for purposes Of
that these are 6e
evdeace that sSs scte
ilcaily by any public body thereafter. is the
paper; or true copy OF the paper which was
Board. Ordinarily this purpose Is accom-;
the se ey but latter un
lawfully refuse to certify. the certificate may
be made by the secretary appointed by the
The Unlawful refusal stands as. an abdica-
ti9n Of the functions Of TIE sec sesretary the re-
E 's$ I'd %SsS;ss,
HS! s ssIs the
would have to be preceded y service Of some
hH Of to nG 81 %na A sa
was unknown the sumo could not Be made
An immediate OF 61 s own
its work should 30 rresardssd q as with
the power sc Of s the BSa sbou,d sh b
regarded as sufficient. because tho best under
the circumstances that could be done. In such
en Bower Of tse Boad to and certify
Its work. To be effective the statute would
lower Sve "a away H IKE same reasoning applies to
tho subsequent steps.
The secretary appointed by the 70 boar r. AZ
state. the Comptroller. and the Goyernor: A
was delivered, to the County Clerk. 70 be
by him recorded as commanded by statute.
tnry s pra tem but L Was attested ~ the Chair
man. and delivered by the secretary pro tem
to the County Clerk 1t was the dSt syrt 81 the
it. ana il he did not, this might defer the right
to demand its record in his office until It was
The statute makes it the duty Of the County
| Clerk. within five days OF tho adjournment OF
ern n the secretary Of State. and tho Comp
statement and certificate Of votes prepared by
him. II Is further made the duty Ct the Sefre;
tary OF state to ME IN Ms t ONCE ths cc[ nnfH
Clerk. and to obtain from tire Governor and
Comptroller every such certified statement; 1t
this certified statement ii It has not been for
warded within the time prescribed by statute.
such statement to the messenger OH demand.
The Secretary Of State sent such messenger
to the Clerk OF Duchess County and demand-
ed a return. but It was refused. or. at any rate.
not delivered. The state Board Is directed by
the statute to proceed TO make a statement
and canvass the result upon certified copies Of
Canvnssers. Thus the whole scheme Of the
statute clearly shows that it was enacted 50 as
to secure before the Board OF State Can
yassers tho physical! pres enco OF accurate COP;
on by the boards Of County Canvassers. and to
this end is directed all the machinery OF GER
tidcates and attestations by Chairmen, seSre-
taries, and County Clerks. and the forwarding
of duplicate certified statements to tho state
officers named in thc.tatute; lfthese various
law. doubtless their certificates and sigma
lures are the only proper evidence OF the verify
OF the ptpers they certify to- The question in
Clerk to sign ms secretary Of the Board Of
County Cnnvasscrs and his refusal to send to
the State officers pruperycertied statements.
as required by, law. shall prevent the State
Board from making any canvass.
Upon the refusal OF the County Clerk. the
proper statements nttested. rs stated; were
sent byt secretary pro tenn. 10 the State OIL
cus, There is no question that this state.
meut In the Office Of the SECRETARY OF state Is
ono that was certified by the Chairman and