103 McGrath 192 | Mich. | 1894
Application is made for a writ of certiorari to review the determination of the circuit court for the county of Wayne upon an application made to that court to compel respondent to rescind its action in placing the name of Joseph R. McLaughlin upon the official ballot as the nominee of the Republican party in the Third senatorial district for State Senator, and to place the name of Robert Y. Ogg upon said ballot instead thereof.
The district is composed of the Fourth, Sixth, Eighth, and Tenth wards of the city of Detroit. Each of said wards was entitled to three delegates. The convention was called to order by Robert Barrie, chairman of the senatorial
The petition sets forth that—
“Delegate Dayton Parker was absent from the State of Michigan, and in Montana, at the time said caucus at which he was elected was held, and that the said proxy held by Philip T. Van Zile was irregular and void.”
This allegation is wholly insufficient upon which to base .a finding that the committee on credentials erred in determining that Philip T. Yan Zile was entitled to a seat in the convention.
The determination that Robert Murphy was not entitled to a seat is fully sustained by authority. In the case of .a tie vote there is no election, and, in the absence of .statutory authority, neither election officers nor candidates have the power to determine the result by lot. Paine, Elect. § 576; Hammock v. Barnes, 4 Bush, 390; State v. Adams, 2 Stew. (Ala.) 231.
It follows, therefore, that the convention at which J. R. McLaughlin was nominated was regularly called, and that ■after the retirement of the supporters of Mr. Ogg a majority of the delegates elect remained, constituting a valid convention.
The writ must therefore be denied.