The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-07
Disputed Returns of Center Township
Must BE Certified by the Board
of Supervisors.
DECISION OF JUDGE Parker
FUNCTIONS OF ELECTION BOARDS
ARE PURELY MINISTERIAL
And They Cannot Go Behind the Re-
turns--RepubIicans Now Have Leg
isIature by Five Majority.

TOLEDO, o., Nov. 6.-Judge Parker. of
the Ninth Judicial Circuit Court, decided to-
day that the Wood county Board of Super
vsors must certify the returns of Center
township. This elects Norris, the Repub-
lican candidate for Representatives Judge
Parker holds that as the functions of the
Board of Elections are simply ministerial.
they must certify to the vote as they find
It, without going behind the returns: that
the question as to whether the provisions
of the law were not complied with in having
the polling booth outside the boundaries of
Center township precinct and whether. if
SO, it invalidates the ballots there cast.
must be decided by the courts or by the
Legislature Itself. The essential part of
Judge Parker's decision is as follows:
My views and conclusions make it unnec-
essary 10 consider the question whether me
polling place was located as required bv
law, or the question OF the effect upon the
vote If it was not SO located | am of the
opinion that you are not authorized bv law
10 pass on these questions; that, acting as
county canvasslng board under Section
2ySZ Revised Statutes, your duties are
purely ministerial That the duties of the
Canvassing board, under Section 1882 are
purely ministerial is expressly decided by
the supreme Court of Ohio in the case of
Dalton, clerk, VS.. the State ex rel. Richard
son, 43 o. s.. 652. The section was at that
time almost the section as it now stands, the
question under consideration here nut it
was the numbered Section 1881.
Ihe law is stated in the syllabus as fol-
lows: Under the provisions of Section 1881 of
the Revised Statutes, defining the duties of
the canVdsserS of election returns which
require that in making the abstracts of
votes they shall not decide upon the valid
tty of the returns, but shall be governed
by the number of returns stated in the poll
books Duties of such canVassers are
merely ministerial, and they have no power
TO decide such returns or any part of them
invalid by reason of fraud at the election
or in the returns thereof as made to the
returns, or any part thereof, from the
count for such reasons. And in the case of
the State ex rel. VS.. Tanzey ct al, 40 o. S.,
Cos, this proposition is reaffirmed by the
Supreme Court. Quoting from the syllabi:
First - The duties of the Board of
Deputy Supervisors of Elections, in maxi
ing the abstracts of the votes
election precincts Of the county, are purely
ministerial and are limited TO compiling the
votes shown by the tally sheets so returned
and setting down to each candidate the ag-
gregate number of votes so appearing to
have been cast for him, and to certifying
and transmitting the abstract SO made 10
the proper officer.
'second-The board is without authority
10 near evidences to contradict or explain
the tally sheets or act upon information not
appearing on their face, or to open or count
ballots returned by the precinct officers as
of which doubt or difference of opinion ex-
listed in the minds of the judges of cleo
ton.
The question of the legality of the ac-
ton of township trustees in locating the
polls outside the precinct or the effect of
such action, If illegal, l leave--as you are
bound tO--fOr the consideration of the prop
er tribunals. | decide that it is your duty
TO receive and canvass the vote of Center
township precinct referred to by you in
your foregoing statement"