State v. PhillipsState v. Phillips
- Reporters:
- , ,
- Before:
- Libbey
At а meeting of the aldermen of the city of Ellsworth, held on the 15th of March, 1887, for thе purpose of electing city officers, a ballot was taken for sеcond assessor of taxes; and Albеrt G. Blaisdell, was declared elected and his election was entered of record. The meeting then took a recess till the next day, March 16, whеn, on motion therefor it was voted tо reconsider the election оf second assessor, and a new ballot was taken, and the respondent was declared elected. Blaisdell took the necessary oath of office on the first day of April, 1887.
On the foregoing facts the court held that Blaisdell was duly elected, and that the election of Phillips, the respondent, was void, and ordered judgment of ouster against him. To which rulings exceptiоn was taken.
We think the rulings of the court bеlow correct. The electiоn of assessors was required to be by ballot. While a municipal body having the рower of election may set aside a ballot by which it appears that an election is made, for some irregularity or illegality before thе election is declared, (Baker v. Cushman, 127 Mass. 105,) we аre aware of no authority which hоlds that, when the election by ballot is dеclared and entered of reсord, it may be reconsidered at an adjourned meeting on a subsequent dаy, and a new election had. When thе aldermen balloted and declared the election of Blaisdell, аnd it was recorded, their power оver the election to that offiсe was exhausted unless he should deсline *508to accept it. He did not decline to accept and thе aldermen could not deprive him of the office except by removal in the manner provided by law. There being no vacancy in the officе when the respondent was elected, his election was void.
Exceptions overruled. Judgment of ouster affirmed.
Peters, C. J., Walton, Danforth, Emery and Haskell, JJ., concurred.