70 Wis. 409 | Wis. | 1888
This is a civil action under the statute, in the place of an information in the nature of the writ of quo warrcmto, brought by the respondent, claiming the office of clerk of the city of Chippewa Falls, against the appellant as an intruder therein. The following are briefly the facts: The votes cast at the municipal election in said city on the 1st day of March, 1887, for city clerk, were duly canvassed, and a statement thereof filed with, and the ballot-boxes
It is surprising that there should have been any question raised as to the meaning of the language of the statute. The language of sec. 6, ch. 464, Laws of 1885, in respect to a recount of the votes of a municipal election, and which the appellant evidently sought to follow, and especially in respect to the officers or board who are empowered to make it, is plain and unambiguous, and cannot possibly have but one meaning, and that is, just what it imports, “ the clerk
It follows that the canvassers or canvassing board is not the proper tribunal to recount the votes on such a contest. The evidence of it, therefore, in this case, was properly rejected. Whereupon the appellant offered the votes, which had been properly preserved in a sealed envelope and returned to the clerk, as provided in said sec. 6 after a recount lawfully made. On objection they were rejected, presumably on the ground that they had no legal existence and were, in contemplation of law, destroyed after the time had elapsed for a recount. Sec,, 4 of the above act provides that within three days after the time limited for such a recount (which, according to sec. 5, cannot exceed thirty days) “ the
These conclusions are so reasonable and inevitable that there can be no respectable authorities cited, or serious argument made, against them. The learned counsel of the appellant showed commendable zeal and great ability to sustain their positions, but the statute and common reason defeat their we'l-intended efforts to achieve success in such a case. The plaintiff, or relator, showed a lawful right to the office, and the defendant, or appellant, showed no such right, or any warrant for his intrusion into the office.
By the Court.— The judgment of the circuit court is affirmed.