People Ex Rel. Oliver P. Powell v. Ruyle
| Citation | 91 Ill. 525,1879 WL 8439 |
| Parties | THE PEOPLE ex rel. Oliver P. Powell et al.v.JOHN RUYLE et al. |
| Decision Date | 31 January 1879 |
| Court | Supreme Court of Illinois |
OPINION TEXT STARTS HERE
This was a proceeding by mandamus, commenced in this court by the relators against the county commissioners of Jersey county.
Messrs. PALMER, PALMER & ROSS, for the relators.
Messrs. ROBINSON, KNAPP & SHUTT, for the respondents.
At the general election held in November, 1878, there was submitted to the voters of the county of Jersey, in this State, to be voted upon at said election, the question of the adoption of township organization in that county.
The result of the vote taken being claimed to have been in favor of township organization, this petition for a writ of mandamus was filed in this court to compel the respondents, who constitute the board of county commissioners of Jersey county, to proceed and appoint three commissioners to divide the county into towns, as required by the fifth section of the Township Organization act. The answer of the respondents sets up, in defence, that there is no sufficient evidence on file in the office of the county clerk of the county that a majority of the votes cast at said election were given in favor of township organization.
The whole question rests upon the vote of Grafton precinct,--whether or not it shall be counted.
In Grafton precinct the certificate of the election officers was made upon the poll book, on printed blanks furnished, and was in the usual form; and after specifying, in detail, the names of the candidates for the various offices voted for, and the number of votes received by each, it concludes thus, (printed matter in roman, written matter in italics,):
Beneath the signatures were written these words:
“For township organization, received one hundred and ninety-one votes.
Against township organization, received seventy-two votes.”
This certificate was accompanied, when sent to the office of the county clerk and received there, with a tally list, from which it appears, in the usual form:
+----------------------------------+
¦For township organization, ¦191¦
+------------------------------+---¦
¦Against township organization,¦72 ¦
+----------------------------------+
On the 6th day of November, 1878, as required by the statute, the county clerk, with the assistance of two justices of the peace of the county, opened the returns and made an abstract of the vote cast upon this question, which was as follows:
“Abstract of votes for and against township organization, given in the county of Jersey, and State of Illinois, on Tuesday, the 5th day of November, A. D. 1878:
The total number of votes cast in said county was twenty-eight hundred and fifty-eight (2858). "For township organization, fourteen hundred and fifty-nine votes (1459).
Against township organization, thirteen hundred and ninety-nine votes (1399).
The vote in Grafton precinct, in said county, was not certified to as required by statute, and the same, therefore, can not be lawfully counted by the board of canvassers. The uncertified vote of Grafton precinct is:
+---------------------------------------------------------------------+
¦For township organization, one hundred and ninety-one votes, ¦191¦
+-----------------------------------------------------------------+---¦
¦Against township organization, one...To continue reading
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