Alma record. (Alma, Mich.) 1878-1928, 1910-03-03
|RUUNG / SUSTAINED
Continued from page one.)

NNontinueu from Page pne')
mediately prior TO its presentation to
the county clerk and that he or they
are personally acquainted with said
petitioners and know that they reside
within such township. ward or election
district. and that the signatures are
the genuine signatures of the persons
signing the petition. and of the per-
sons whose names severally appear
upon such transcript of the poll list
or if such transcript shall not have
been procured. then that the persons
whose names are attached to said
petition are. To the best of his know
ledge aud belief qualified electors in
such township. ward or election dis
tict: Provided. however that. if for
any reason a certified transcript of amy
poll list shall not have been procned or
if such transient shall be defective. 1t
shall he sufficient if the whole number
of all the petitioners is equal TO one
fourth of the number of all the quail
efid electors of such county as shown
nv the returns or county canvass of
the last preceeiing general election.
The poll list did not accompany the
petitions The petitions were filed
with the county clerk on Jaunuarv &.
1910. 1t appears upon the face of the
affidavits that copies of the lists were
posted on various days from December
23 to December -, 1909. Several of
the afiiiavits were made on the day of
posting. several on the succeeding dav
1t Is clear therefore, and the fact
appears upon the face of the atfidavits
that when they were made none of
the atlantis could truthully have de-
posed, as the state expressly requires
that he should do, and as he did, that
an exact copy of the petition has been
posted in three of the most conspicu-
Gus places for at least ten davs I'M
mediately prior to Its presentation to
the county clerk
We need not enter upon a discussion
of the possible or probable legislative
reasons for this express requirement.
1t is requirement which may he
easily complied with
We do not construs the provision
as one requiring an aftiant to depose
that after posting, the matter posted
remained in position to the dav of
filing the petition with the county
clerk The original petitions are not
required to ne filed upon any particular
dav. The hosting is not required TO
be done on any particular day. But
when the petitions are filed they must
be accompanied by an affidavit stating
two essential facts: One, that an
exact copv has been posted; the
other that the posting occurred ut
least ten days prior tn the time of
filing the original with the clerk.
We have held that the statute con-
lines the board of supervisors to the
face of the petitions and accompany
ing affidavits. 1t is obvious that no
one can truthfullv depose on the same
day on which he posted q copy of the
petition. that the COW has been posteS
at least ten DAYS before its presenta-
ton to the county clerk. We have in
various cases construed THE law in
snch manner as to give it effect In
accordance with the apparent spirit
and purpose of the law. 1t is not
necessary, in OF der to give the law
effect If indeed anv consideration
would support such an action. 10 strike
out of the statute the express requires
ment which has mere been disre9arded
There are ether defects in the atfidavits
which We need not consider. We agree
with the learned circuit Judge that the
third question herein before stated
should be answered in the affirmative.
The judgement is affirmed but no
costs are awarded.