99 Mich. 221 | Mich. | 1894
This is an application for a mandamus to test the validity of proceedings under the local option law in the county of Yan Burén. It is contended:
“Resolved, by the board of supervisors of the county of Van Burén, and it is hereby. determined and declared by the said board, that such election has been prayed for by the requisite number of electors, to“wit, by not less than one-fourth of all the qualified electors of said county.”
The record recites that this report was accepted and adopted.
It.is urged .that this reference was the delegation of a •duty which was by the statute enjoined upon the board. There would be some force in the contention if no action had been taken upon the report by the board, or if the board had delegated the matter of the determination to the committee, and empowered such committee to do some' act predicated upon the finding so made. The statute does not take away the power of the board to collect and collate facts through committees appointed by it. The board, in terms, made the determination and declaration by the adoption of the report, and it cannot be presumed that the fact that the report was made 'excluded every other inquiry, or that the members of the board did not verify the facts set forth, or did not possess or avail themselves of any ether means of information.
Other objections are raised, but we regard them as without merit.
The judgment is therefore affirmed.
The election was held on February 24, 1890, and the returns bear the same date.