Alma record. (Alma, Mich.) 1878-1928, 1910-02-03
JUDGE SEARL DENIES
Continued from page u


alty OF the boards action, and the
question is a close one, yet ought
not to issue the write unless find
that the board were wrong in de
termining that the petitions were not
properly authenticated.
Counsel for the board insist that
the affidavitS of posting and of the
commences OF the signatures and
the residence OF the electors were
prematurely made 1t is undisputed
that these atfidavitS were in nearly
every instance made within two or
three days of the time when the cop
les OF the petitions were posted, and
some on the same day. The post
ing was done from about the 23d 10
the 21th Of December, but the petit
tiCns were not filed with the clerk
until the Sth Of January. and it is
claimed by the attorneys for the rel
ators that inaSmuch as they waited
lSp days after the posting before the
petitions were tiled, that therefore
they substantially complied with the
statute
The statute above quoted provides
that the atfiant, who Swears to the
posting and the fact that the sigma
lures ON the original petition are
genuine, and that the persons so
signing are electors Of the election
precinct from which the petition
comes, shall make an affidavit stat
ing therein that he or they are per-
sonally acquainted with said petition
ers and know that they reside within
such election district and that the
signatures are genuine signatures,
etc. and that an exact copy OF such
petition and Of all the signatures
thereto has been posted in three of
the most conspicuous places in such
township. ward or election district
for at least ten days Immediately
prior to its presentation TO the coun.
~ clerk"
1t is conceded that this statute was
not strictly complied with, the aft
dayitS not containing any statement
that the lists had been posted for at
least ten days. etc. and OF course il
Is apparent to all that an affiant
could not. in an affidavit made upon
the same day aS the posting or with
in two or three or four days there.
after and before the presentation of
the petitions to the county clerk.
truthfully state that the same had
been posted Tor at least ten days,
etc. immediately prior to an event
which had not yet happened. SO,
must either hold that the legislature
did not mean anything when they
said that the affidavit should contain
-'h's statement or else I must hold
that It was intended that the affidavit
should not be made until ten DAYS
had elapsed after the posting was
done and at the same time that the
petition was presented to the county
clerk.
1t occurs to me that the legislature
purposcly inserted this clause in or
der To prevent the affidavits being
made as they were made in this
county before the ten days had ex-
pircd after posting. and in order to
determine whether | am right about
this It will be necessary to again re-
~ ~ tllN statute anu llt utOlSlOllS.
The statute provides that the post
ing for ten days shall be done for
the purpose of enabling each elector
ito determine for himself if his
name has been fraudulently attached
To said petition but the statute does
not say that steps shall be taken by
any elcctor to have his name remov
~, h, Il, =.
been fraudulently attached. That he
may have il removed has been set
tied by the Supreme Court in the
case of koerver ". Ionia Supervis-
ors, l55 Michigan. Ga. where it is
said that the statute implies the right
''of one whose name has been fraud
ulently attached to the petition TO
have it erased and | think p?
that the voter may have his name
removed at any time during said ten
days, which OF course is the last ten
days before the petition is filed with
the county clerk. In Fisher VS..
Washtenaw Supervisors, $50 Mich
igan. /, ii is held that petitioners can
not withdraw after the petition is FL
ed with the county clerk
Considering these last two cases
together. and remembering that the
statute is so worded that the party
securing signatures must reside in
the township where he solicitS, and
that someone at least must in this
same affidavit of posting swear to tha
genuineness OF the signatures, it fol-
lows, in practice at least, that the
same party who secures the sigma
lures and who knows them to be
genuine as a rule must do the post
ing. and think it was contemplated
by the legislature that he should re-
tain this original petition i'm his own
possession so MAT his neighbors and
people for ten days after the
posting of the copies, could apply to
him and examine the original petit
ton, and in case any OF their names
,,..,. f,r,r.I 80. F....J..1...I..