The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1911-03-13

THE CALUMET NEWS.
hall have filed the statements required
~ this act.
Sec. 29. 1t shall be unlawful for any
person to accept. receive. or pay money
Dr. any valuable consideration for be-
coming or for refraining from becom-
ng a candidate for nomination or
election. or by himself or I'm combna-
ton with any other person or persons
to become a candidate for the purpose
of defeating the nomination or cleo
ton of any other person and not with |
a bona fide intent 10 obtain the office.
Upon complaint made to any circuit
court If the judge shall be convinced
that any person has sought the nomin-
scented to the voters as a candidate for
by any political party for
any mercenary or venal consideration
or motive, and that his candidacy for
the nomination Is not in good faith,
the Judge shall forthwith issue his
writ of injunction restraining the Off
Ger or officers whose duty 1t is TO pre-
pare the official ballots for such NOM
mating election from placing the name
of such person thereon as a candidate
for nomination to any office. In addi-
ton thereto the court shall direct the
e., .rf N nj
proceedings against such person or
persons for corrupt practice, and upon
conviction thereof. he and any person
or persons combining with him shall
be punished by a fine of not more than
one thousand dollars or imprisonment
in the county jail for not more than
one year.
-.
Sec 81 If. upon the trial Of any
action or proceeding under the provi-
sions of this act, for the contesting Of
the right of any person declared to be
nominated to an office, or elected to an
office, or to annul and set aside such
election. or to remove any person from
his office, it shall appear that such
person was guilty of any corrupt prac-
tice, illegal act, or undue influence in
or about such nomination or election
he shall be punished by being depriv-
ed of the nomination or office as the
case may be. and the vacancy therein
shall be filled in the manner provided
by law. The only exception to this
| 4, hol thaf nrnUi1p1 in
section 80 of this act. Such judgment
shall not prevent the candidate or Off
Ger from being proceeded against by
indictment or criminal information fol
any such act or acts.
..........:.:.
Sec. 35. If any district attorney
shall be notified by an officer or othel
person of any violation of any of tn
provisions of this act within his jur
, isdiction 1t shall be his duty forthwith
! to diligently inquire into the facts o
such violation. and If there is reason
, able grounds for instituting a prosecu
: ton IL shall be the duty of such dis
trict attorney to file a complaint o
: information in writing, before cour
of competent jurisdiction charging tn
e accused person with such offense;
! any district attorney shall fail or re
: fuse to faithfully perform any duty i'm
Y posed upon him by this act he shall b
:, deemed guilty of misdemeanor, an
e upon conviction thereof shall forte
r his office. II shall be the duty of tn
|, district attorney. under penalty of for
h lfeiture of his office to prosecute an
a and all persons guilty of any violatio
= of the provisions of this act, the penal
n ty of which is fine or Imprisonment, O
= both, or removal from office.
f Sec. SO. If, in any case Of contes
n on the ground of Illegal votes, it ap
:, pears that another person than tn
r one returned has the highest numbe
= of legal votes, after the illegal vote
Y have been eliminated. the court mus
= declare such person nominated G
Y elected. as the case may be.
z Sec. 81. Any elector of the State, c
e of any political or municipal divisio
a thereof, may contest the right of an
= person to any nomination or office fc
= which such elector has the right
e vote. for any of the following causes
= /. on the ground of deliberat
s serious, and material violation of an
o of the provisions of this act, or of an
d other provision of the law relating
t nominations or elections;
h 2. When the person whose rigf
= was contested was not, at the time
{ the election, eligible to such Office;
;, 3. on account of illegal votes or a
II erroneous or fraudulent count or car
e vass of votes.
n Sec. 3S. Nothing i'm the third groun
r, of contest specified in section 81 is
e be so construed as to authorize a non
d nation or election to be set aside G
e account of illegal votes, unless IL al
n pears either that the candidate
a nominee whose right is contested ha
Is knowledge of or connived at such !
IS legal votes or that the number OF
e legal votes given to the person who's
q right to the nomination or office
Y contested If taken from him. would r.
Y, duce the number OF his legal votes b'
" low the number of votes given to son