Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-05-07

The Old Soldiers Defeated IN TIE
Election SUIT.
JUDGE GROVES DECISION
No Oss1xrs the Jury to Bssax IN .
ScsslsGs oS Ma Guilty fhe Ia
sp~csors Dssaab.s~d-

The election inspectors u Grand Rap
his tosnship have been victorious Ia tn.
criminal action brought against them
through the REJECTION II the old soldier
vote at the spring election Judge
Grove terminated the casc rather alb
yuptiy yesterday morning, When the
counsel be.An their Arguments bsfore
the jury. the Judge Interrupted them-
lie stated the laS relative to the case
IL appeared ~ him. and directed the
jury IA bring ia verdict II not guilty
The defendsts we're dis charged
Judge Groves opinion Is as follows;
Juds,v Groves OpsnionL
Judge Grove Gentlemen Il the jury.
think u l. hardly necessary Tor rne "a
say vefs much a explanation II the
course Which ceem u ny duty IA take
a. thu case think the case involves "a
consideration "a a. least tao questions.
firsg. the right q John Wool 10 vote al
the la-f elrctioa be- toe hrst precln-t ~
the tgsu q Grand kapicis. ami r no.
entitled o. vote there then. whether ~
MT the respondents could De held liable
unslrr the las tur rejecting has vote
cGfisn 80 -sui'ts 90 q felony
H. j. centto,.ed upoa the part q the
Yfozcrut.on that 10 the letter 81 the
law tn rfp31i,nis hal no discretion.
sry power. i1-t taes were inistrfIal
olncrr- merely having 70 judicial oT
qua-l Iri.Le 4. authority aud ~ oiscrr
touaf9 l.ktF O. rvs-cg the vote .. any
pcrson n NJ Nood n.- not A voter.
and TIA. stric, better q The law should
- tl!ieNfd that the respondents had no
d.srce tlouary power but u Wa their
duty - rsc,iys the vote 81 John " ODD
sithouSh iu tact b. Vas not voter. IL
IL should be- "a held | should Toe very
sipS 20 peruu' the conviction - ans
crimc acre % must b. apparent that
10 NroGg. either private n public. had
been committed because Z ~ j. not a
voter Z having 10 right - vote. tie re-
js-ction - rls ,0te would certainly DO
him uo MUIR aud you'd MT on ; not be
sput,llc wong GA, wogh Tea protection
a. the s.curitv II the ballot. | am not
inclined to told that - strict an Ia
depreciation should be pat upon tie
iaa.
A. to Challenges
In one section - the act II = pro
vided that n any person Offering - vote
shall b. challenged as unqualified by an
inspector. challenger OF eiector entitled
10 vote az that poll. the chair
man II the board Il inspectors snail de
clare % the person challenged the con
stItutlonal qualifications 81 an eiector.
and n such person shall state that be Is
a qualified eleo,or and the challenge il
not withdraan. one Il the inspectors
shali trnder "a him such Que ~ the fol
toSing oaths as he MAJ claim {, contain
IN. grounds ~ his qualifications Ia vote.
snumeratIng i've several forms Il oaths
g. b. administered according 20 the cir
cumstances 10 each particular case. And
then proceeding further. the section pro
vides that n tire person - challenged
shall take such oath ms vote shall lie re-
ceived. but that II be shall swear falsely
on conviction thereof he shall he subject
g. the pains and penalty - perjury.
Person aud ticcior
That section a. u now stands. includ
ing the i've forms ~ uaths. has been
upon our statute hooks for mere than
forty years Il was enacted 10 the year
l-Dl m tie very language that here ap-
pears IN the new act. and PRIOR Ia that
time from ISL 90 i-5ll the same soc
t.on sio-0d Rl.u,ical.y as have read n.
excepting 70 contained Only one form 80
oath. VIA. the one nrst here gwen hut
f1r over Tits years there has teen upon
our statute books the provision that Il
any person Offering "a vote thall L.
challenged a. unqualified and shall offer
o. tssr tae oath. that j.. the st form
~ cath. the oath which should - al
niulsfered iu this case, his vote shall be-
received. and hg the letter % n thrre
woss'd te np Discretionary power When
ths4 las - l~ii vas enacted. a -iIbse
quent section the next hat one follow
INK the ,ne rsadi new section COZ
tanned the provision that when ar
elect r. shdl not BE- challenged. or shali
base taken the necsss.ir, oath cr affirm
stlun 30 shall - rsrIaIttsd "a vote"
There Is nothing pes in bat clause that
J. ret contained in the furucr section.
excepting the charge q the word Ter
son" fer The pari -eicctur And in the
reuai sccfion - tbis rcw act the word
"elector IS also usefi r. that portion ~
To section which makes - q felony for
sry Fers'1n t1 1h=trtlct or st;enpt "a 81.
slss.f Hr cloctnr in the exercise - his
durs ss az elecior Iti- undcr that
c.su-a that the defendants would b-
glift z guilty az ad. und,r Zoe third
cuut
Legislative intent.
Now 70 niay g. thar Mt very much
sEnlfrsnre ssoril te ATTACHED 20 GA =
u4r q thr RnrI -elrstgr. tut | arm in
cl'-rsi 20 thins that &c o1ght MT 90 pas
unnaticct. nud 20 strikes M that u
wouid RE ~ vrg uof,r 20 conclude
that he legislature. "a ensctlng The law
~ Ism hy Incorporating IA 70 that old
setfson gnich contained the sortl Ter
so. ard then following Nth another
SECTION including the very at~ae Y-,svis-
rlr. ard substituting n place - The
ssd "perscuf fbe xori eleci.~. r.
CARRIED The eori ~pcrson "a identical
~ aynony nous with tee Sori ~e.crtrr
And iun-rngch - a. Is at du.'s Mt Be
clare specifically fhs' ihc sct = which
thee re=fpnieuts arc srrusssi specify
~ fhez srsri-', @h.u.d .srnstlt,ire
a sstry but merely prus.d.n- fHat snF
r.rrson Who shaii sron 'rcIT r,s.af- sny
- the provi~lena q teis az iD these
general terms ! =hou bolL t~a do
hnid that tle At AS 0.t INTENDED ~
make them liable 80 make BE- ~umTuI
snrr ureu them ~. A. least ii rss not
infer .lai ., suhir,f rher 20 -he penalty
- thc ny except 'nr nfeang ths vote
a an rIssfar
john "A ..,,,i's -. ihitifr
NrH. wse faha Wrnf 7r eigt.trf "a
vru hearf II 8fe.f .rrs resiaris r. f'ir
.1e@flou has Teen reviewed sri ~.
term n..i nn.irr iteatioafv he same
rtfruH,afau - O., q rsss ebieb lu ~ pa
terra fsrf1r hferz Poem fire. sr- Al. Isf.
~ 49, vhier esreot o. fasti~ : sh..i
- arr urater rarfi.u sr 'rrfs rasore,
fHaf ~ inmate 2 The -o.diess hnire 81