The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1912-09-21
WAFFEN GETS DECISION
County canvassers Had No Right 10 Open
the Iron RIVER Boz

ttllu tue returns as made by the cleo
tion board OF Iron River be taken and
not the recount findings last Tuesday
afternoon in which he decreed that the
board should DO as Mr. Waffen reqnes-
ted. Accordingly the figures a. re-.
turned will be taken by the board Ia
its official findings
Judge o Brien was called in by
Judge Flanagan who was unable TO
come here because of term of court
elsewhere. The Waffen end of tine ar
gument was taken by Atty II. M.
Pelham who contended that the board
has no different powers under the pre-
sent primary law than they had under
the 1907 primary law and under that
law. in the.case OF Bradley VS. Warner
it was decreed by the supreme court
that the board had no power other
than to count the votes ii the boxes
were placed before them legally and all
the conditions OF the general election
law had been followed. One condition
Of that law is that certain methods of
sealing shall be followed which include
the placing Of an election seal upon
the sealing wax with which the box
is sealed.
Every condition had been followed in
Iron River precinct No. excepting
the placing of the impression of the
seal. This was omitted because of
the fact that no seal had been provided.
Atty. Clarence Dwyer argued that a
substantial- compliance with the cleo
ton law was all that was required
because of the amending of the law
after the Bradley Warner case and the
insertion OF the word "or in the
text so that the law as now in force
reads:
Amy candidate voted tor at the pri-
mary election provided for in this act.
who conceives himself sggrieved on
account OF fraud or error 10y the board
of primary election inspectors, OR in
the count OF the votes cast, or the re-
truns made by said board etc while
the law as it stood IN 1907 read
Amy candidate who
conceives himself aggrieved on account
Of fraud or error by the board OF cleo
tion inspectors IN the count of the
votes cast or the returns made etc.
The gist of the whole thing hinged
upon the insertion of that word "OR" :.
Did the makers of the law seek to pre-
vent recurrance of the disgracetul
COZ dition shown up in the Bradley case
by giving the canvassers the power to
20 beyond the mere work OF counting
the votes and inquire into the frauds
that might have taken place during
the election, in the count OF the votes,
in tine preservation Of the ballots, etc.
etc, and thus preserve the sancity Of
the ballot
Judge o Brien held to the strict let
ter OF the election laws,
His decision stripped OF the verbiage
of the first portion which simply re-
cites the facts set mp and che answers
made. says
1t is contended by respondent that a
substantial and not All exact com
pliance with the law is all that is re-
quired. and as the ballot box was seal
ed IN some way, the board Of county
canyassers had right 10 find from an
inspection thereof even II they were
not permitted to hear testimony on the
subject, that the sealing and safe guard
ing of the ballot box and ballots was
substantially sufficient
Respondent also makes the point
that Act No 2sl r. A. 1909. nowhere
contemplates specifically the use OF an
election seal, and consequently that the
board Of election inspectors had tight
TO use any seal at All OF simply to con
tent themselves with fastening the
paper covering the slit in the box. and
covering the key holes with sealing
wax without any impression thereon
I cannot agree with this contention
Of the respondent think the only
safe Interpretation OF the law is 70 hold
that the requirements OF the law re-
lating 20 the safe guarding OF the bal
lots should be strictly compiled with.
DO not believe that different boards
OF elections should be permitted TO set
mp different standards. The statute
provides simple and precise way OF
safe guarding the ballot boxes, and in
my opinion the board Of county can
vassers not being judicial body have
no right to open any ballot box or
count any votes therein. unless those
provisions OF the.statute are, as near
as may be. complied with
The fact that the particular pre-
cinct Of Iron River township in ques-
tion had no election seal does not alter
the situation in the slightest degree.