Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-12-13
CAN NOT COUNT EN-
Stray Votes From Plainfield
and Paris Are Debarred.
AND MAY NOT Be CONSIDERED
In the Congressional Rscouns-Mr. Fitz
G.sald's Opinion and Yesterdays
Discussions of Recount.


John c. Fltz Gerald's opinion, sub
m.tted To tne recount committee yes
terdsy, Was TO the effect that the stray
votes from PiAinrieId AID Paris should
not bs recouoted by the committee.
The committee was late in coming To
order. In front of Chairman Benja-
min lay large sealed envelope con-
tanning the opinion submitted by Mr..
Fitz Gerald by order of the chairman.
The latter stated the situation to DO
that Mr.. LAuniere had moved for the
counting OF the eight Questionable
votes from Plalnfield. and that. pend
ing the decision IS to said votes and
the two stray votes from Paris, ne had
requested Mr.. FIE Gerald's opinion,
wnlch Was then read, as follows:
MIR. fttx osrsid's Opinion.
John Benjamin, Chairman of Com
nlIttee appointed by Board Of County
Canyassers:
You ask my opinions upon the fol-
lowing questions:
"Has your committee any right to
count and canvass ballots which are
not found by them N the ballot boxes
when such boxes are not brought De-
fore the commlttee?'
You also state that in the township
OF Piainfield tue ballots in the box are
eight short OK the poll list and Of tho
number OF votes cast - set forth In the
Official return: and that the count by
your committee shows eight votes lees
tor Mr.. Richardson than the return aud
tally sheet IN the box showed; aud that
the tally sheet IN the box showed that
eight straight peoples party votes had
been cast and counted for Mr.. Richard
son, and that upon examination OF the
ballots IN the box these eight tickets
could not be found. That two of the
election board Of the township. after
YOUR committee had counted the ballots
in the box and the shortage Was dis
covered, appeared before your COM
nIttee and produced eight peoples
party ballots with Mr.. Richardson's
name thereon for the office Of congress.
man, and made affidavit that sucn
ballots were found, by the township
canvasslng board. when shey canvassed
the ballots cast It sucn election, in the
ballot box among the other ballots cast
and we're counted by ouch hoard; the
affidavit further stating that when the
township canvAssing board completed
the canvass AMI returned the ballots to
the box and locked and sealed sucn
box these eight ballots were by mistake
and oversight on the part OF such
board overlooked and not returned to
the box
You then ask: "Shall these eight
votes be counted or shall Mr..
Richardson be credited with
eight more than tie ballots
actually found in the box .nowedg'
lOu also state,
I'm the township of Paris the ballots
IN tie box are two short of the poll
iist. Affidsvlts have been filed snow
log that the ballots were voted, but
were mislaid by the inspectors during
their count. and were rot returned to
the box. and that such ballots are now
prod aced and identified by such affids-
WITS"
And you ask
shall these two votes be counted by
the committee
The substance Of your inquiries. if
understand them correctly, IL:
"iitve your committee any right, IN
making this recount of the ballots, to
count any ballots other than such as
arc actually found by them IN the bal.
los boxes
Authority of thu statute.
The only authority which you have
Ia such as il expressly gwen you by
statute. The statute. after providing
the manner of your appointment. then
rre.cri oss, IN the following language.
VIVA. the committee shsll do. said
committee shall. I'D some public place,
where such candidates ana their coun-
sci may be present without
unnecessary DELAY, proceed TO open
the ballot boxes and to make a
recount thereof az to such candidates.
and make correct and full returns IN
writing under their hands TO said
board. showing the whole number OF
votes gwen, the names Of the csndi-
dates and the number of votes z;ven TO
each written cut ia words and figures
a. upon the ballots SAID committee.
upon mskiag sucn recount. shall at
once return the ballots to their re-
specbve boxes. carefully fssten aud
seal the same aud deliver them to The
otlicer having the care and CUSTODY
thereof. Laws 1887, page S43.
Under tbs statute your duties az q
eomwittee are ministerial only and not
IN any sense judicial. You have 40
power TO compel the attendance Of VII
neSses before Won nor 20 send for per
sons OF papers You are not authorised
"a taks or eeGg0 evidence.
You nave no right to investigate
whether snv OF the ballots winch Won
fnt IN the boxes have been nnisvf,,Ilv
cat or not, nor whether there are tai.
lots nos nos n the boxes which should
te placed therein.
Neither nave you any right 10 iuv..-
sisste ths question of fact whether
these eight ballots from PisInfield ana
the two from Paris we're or wers not
actually votsd found in the boxes hv