96 Mich. 39 | Mich. | 1893
The county of Montmorency is composed of the six townships of Albert, Briley, Hillman, Montmorency, Rust, and Wheatfiéld. James H. McQueen is the supervisor of the townshijD of Rust, Andrew Dickie of the township of Montmorency, and William Murphy of the township of Hillman. February 24, 1893, a special meeting of the board of supervisors of the county was called for the purpose of considering the question of the removal of the county-seat from Hillman to another place nearer the center of the county. A resolution was passed by the board, directing that the question be submitted to the electors of the several townships at the annual election to be held on April 3 following. This notice was published, and it is .alleged by the petition here that all the proceedings relative to submitting the question to the electors were regular and in compliance with the statute. The electors of the different townships voted by ballot upon the 'question, and the votes were certified by the inspectors of election to the county clerk within 10 days. On April 21 a meeting of the board of supervisors was called for the purpose of canvassing these votes. The clerk laid before the board the
An order to show -cause was issued, and the three respondents answer, admitting the calling of the board of supervisors upon the question of the removal of the county-seat, and the submitting of that question to the •electors, but setting up some irregularities in the publication of the notice of election and proofs of publication, claiming that such proofs were never properly brought before the board as required by law. They admit that the board adjourned until July 5, but insist that such adjournment was for the purpose of canvassing the votes cast upon the question, and determining the result. The reason of the adjournment of the board is stated in the answer, substantially, that prior to the election the board of election commissioners caused to be prepared and printed official ballots to be ,used by the electors of the county in voting at such election for candidates for the offices of Justice of the Supreme Court, Eegents of the University, circuit judge, and county school commissioner, and upon four proposed amendments to the Constitution, as also upon the question of raising by bond the sum of $5,000 for building purposes, and of the removal of the county-
It further appears by the answer that in the township of Briley, while many electors voted in a separate ballot-box, those electors also had an opportunity to vote twice upon the question; that is, once by the official ballot, and again by a separate ballot printed by the election inspectors. It is also claimed that the same state of facts existed in the township of Wheatfield.
By the answer it further appears that upon the convening of the board of supervisors they canvassed the votes from the township of Hillman, and found 6 votes cast for the removal and 117 against it. The board thereupon proceeded tox canvass the votes of the township of Albert, and, upon reading the protest and affidavits against the canvass from that township as returned by the inspectors, they suspended their canvass, and adjourned until the following day, and thereafter adjourned until July 5. The respondents contend that the board of supervisors, convened for the purpose of canvassing votes upon the question of the removal of the county-seat, are possessed of greater powers than a board of canvassers to determine
Under the return made by the respondents — that they had not refused to canvass the votes, but proposed to make a canvass on July 5, the day to which they have adjourned — there is no necessity for issuing the writ. Under a somewhat similar return in Belknap v. Board of Canvassers
The answer must be taken as true. It sets up facts which, if true, would change the 'result of the election. Upon the face of the returns made by the inspectors of election the majority of the votes cast was in favor of the
The decision of the . board of supervisors under the statute (How. Stat. § 491) in determining and entering upon their records the result of their canvass of. the votes cast at an election regularly held is conclusive for all purposes, and leaves no question open to contest afterwards, and the removal could not thereafter be defeated in the courts by a showing that it was carried by an omission to return all the votes cast against such removal. Attorney General v. Board of Supervisors, 33 Mich. 289; Attorney General v. Board of Supervisors, 34 Id. 211; People v. County Treasurer, 41 Id. 6; Hipp v. Board of Supervisors, 62 Id. 456; Attorney General v. Board of Canvassers, 64 Id. 612. In Hipp v. Board of Supervisors, supra, it was said by Chief Justice Campbell:
“The Constitution has not empowered this Court to settle controversies not judicial, which are very wisely left to the proper local and representative agencies of the people.”
The statute authorizing the board of supervisors to can
The answer herein will be treated as a petition, and an order to show cause will issue, according to the prayer in the answer, against the inspectors of election of the township of Albert, and also against the inspectors of election of the townships of Briley and "Wheatfield.
Decided December 3, 1892, but no opinion filed.