Alma record. (Alma, Mich.) 1878-1928, 1910-02-03

/ TURN mas Deen llldue Dy the DOdrQ ana
full hearing had on the questions
/ involved, REALTORS being represented
! by Stone and Watson, their attor-
neys, and the board by J. NJ. Ever
/ den and 9. c. Tuttle. its attorneys.
Realtors attorneys moved the
court TO be permitted 10 amend GER
tain affidavits in order TO correct
certain clerical errors. In my judg-
ment the errors were not fatal and
no amendment is needed, but wheth-
er right about this or not. | am salts
fed that | have no power TO amend
them. These affidavits were before
the Board and have been acted upon
and the board has adjourned. No
amendment allowed by me now could
change the situation as it was at the
time the board acted. If any amend
ment was needed, it should have been
made while the papers were in the
hands of the board
Realtors counsel also moved the
court to strike the return Of the
board from the files because it was
made by the chairman on its behalf
and not by direction OF the board at
a meeting thereof The proceedings
of the board are set out in full in
both the petition of REALTORS for the
writ and in the return and ! see no
good reason for calling the board to-
gether to make the return 1t can
as we'll be made by the chairman as
any one and that motion is therefore
| ovcrruled
An issue was framed at the hear
ing upon the question of the number
of electors voting in this county at
the last general election and the rec
| ords were introduced to show the
| facts in that regard No issue was
framed or asked for outside of this
question. and according to the well
settled rule of law, the return of the
Board of Supervisors must be taken
by me as true upon all other disput-
ed questions.
This return alleges that the board
made a thorough examination and
investigation of all properly authen-
ticated petitions for the purpose OF
| determining whether or not the
names appearing upon said petitions
were qualified electors, in said cOun-
| ty, and from such examination and
investigation. honestly and fairly
found and determined that said petit
tions had not been signed by the
requisite number of electors, to-wit
ne-third of all qualified electors of
Ciratiot county as shown by the re-
turns and canvass OF the last pre-
ceding general election for state Off
GERS held in said county"
Counsel for the board contend this
suit cannot be brought by private in
divlduals but must be brought in the
name of the Attorney General. The
authorities are not uniform upon this
question but | am of the opinion that
the weight of authority is to the eff
feet that the parties who sign these
Local Option petitions may in proper
cases invoke the aid of the Court to
compel the board to perform its clear
legal duty where properly authenti-
Gated petitions have been filed
We come then to the question OF
! whether under the return as made
showing that the board has fairly
and honestly passed upon the ques-
tion submitted to it by the statute,
can the courts review the action OF
said board and compel it TO make a
different finding and to submit the
question when it has refused to do
| so because of the reasons set forth
in the record OF its proceedings as
shown above. In order to intelli-
gently discuss this question and other
matters referred to hereinafter. il
will be necessary to quote at length
from the statute and the decisions OF
the Supreme Court
Section 3 of this statute provides
that whenever petitions signed by
not less than one-third OF the voters
of the county praying for the sub
mission OF the question shall be filed
with the County Clerk. he shall lay
such petitions before the board.
! Section 1 provides that to enable
the county clerk TO ascertain that the
petitioners are qualified electors and
to enable each elector to determine
for himself if his name has beer
fraudulently attached to said petition
the signatures OF all petitioners il
each voting precinct shall be attach
ed to one petition separate from
those of other precincts, and copy
of the same shall be posted in thre,
OF the most conspicuous places II
said election district. "for at leas
ten days Immediately prior to il
presentation TO the county clerk.
This section also provides that eacl
!. petition shall be accompanied by ;