Belding banner. (Belding, Mich.) 1889-1918, 1903-10-29
LAID 1T OVER
Local Option to Rest Until Janu-
airy Term OF Board.
strenuous Fight Made To Not Have
IL Submitted.

1t was thought at one time ther,
would be no opposition to submittin.
the local option question TO the people
of Ionia county, but there has been ;
great fight on before the board aud IL,
points are left untouched by the op
position TO defeat its submission.
Attorney A. A. Ellis is engaged, il
is stated by the liquor interests tC
fight the question and he has been be-
fore the board every time ii has been
called up, making objections and
arguing points of law to show if pos
sible, that the matter is not properly
before them and hence their duty not
TO submit it,claiming the preliminary
proceedings are irregular. He argued
that the posting of notices and petit
tions and affidayits concerning the
same had not been complied with as
the law directs, that notices must be
posted ten days and remain up for
that length Of time
II. A. Hawley took up the defense
of the local option preliminaries, He
contended that if the notices were
put up 10 days before the filing of the
affidavits with the clerk, the cOntinu-
unce of that notice during the ten
days is presumed. and that is sufiici-
ent. 1t is not necessary to show that
they were up during the entire time.
Such a con tention he ridiculed as alb
surd. The legislature did not intend
TO place a weapon in the hands of the
opponents of local option, so that all
they would have to do to annul the pro-
ceedings, would be to tear down these
notices
1t is absurd TO claim that IL is nec-
essary to wait 10 days after posting
before making affidavit that you have
posted these notices The notary GER
ti1cate shows when the affidavits were
made, and the clerks fling the date
they were fled.
NJ Hawley also ridiculed the at
tack on the manner or posting ruc
names on several sheets The pro-
ceedings are all made, he said, In
good faith, and in accordance with
the wish of $500 voters who want the
question submitted to the people.
After the attorneys had made
their points, Prosecuting Attorney
VIM. X Clute filed his opinion that
the preliminary steps already taken
were regular and in compliance with
the law. after which the whole sub
iect matter was referred back to the
committee with instructions TO re-
port at the January term.
The opinion of the Prosecuting
Attorney was a long one, and Gov
cred every point raised by Messrs.
Ellis and Scully for contestants, and
Hawley for the petitioners. Mr..
Clute maintained emphatically that
the pcti ions with the exception of one
or two, were regular, and that 1t was
the duty of the board TO submit the
question to a vote of the people at
the coming spring election.
Mr.. Clute said the Berlin petition
was irregular, as 1T was presented
only four days before being posted.
One page of Portland petition was
also irregular, and might be objected
TO because the names were not in the
precinct named.
But only l25 names we're invalid,
leaving 3,20l to the good, and more
than a third of the vote cast at either
of the last two general elections, viz
1859 fall of 1902, zoos spring of 1903.
He thought the former would govern.
As to the language used in the
petitions, he said it need not necess'
arily be used literally. Ten days
notice was what is required. For
10 DAYS" and a man to watch during
that time, as would be required under
the argument of the contestants, was
ridiculous, a Juggling of words. II
the aiIidavits are not straight. il
lluel ldhN lCoNlihOhl -
to overturn them, and the poll lis
proposition he took little stock in, al
the original poll lists OF the last TIVE
general elections are both on fl'
with the county clerk anyway. il
pet out transcripts of them is op
tional with the petitioners
''rhe board has not only got juris
diction i'm this case, but it is the dut
Of the board, in the absence of i'm
peachng testimony, TO submit tn
question The board has no othe
alternative, in my opinion, than I
order the election"
They voted as follows: Yes, Angel
Covert, Faxon, Fender. Foote, Fract
Kohn, McKenna, Pitt, Voelkei
Wilder, Il. A. Yeemans, Walter Ye'
mans. No, Adgate' Brink, Chase
Linebaugh, Long, Pryor Schneider