91 Ill. 525 (Ill. 1879), People ex rel. Powell v. Ruyle

Citation:91 Ill. 525
Opinion Judge:Mr. SHELDON, JUSTICE.
Party Name:THE PEOPLE ex rel. Oliver P. Powell et al. v. JOHN RUYLE et al
Attorney:Messrs. PALMER, PALMER & ROSS, for the relators. Messrs. ROBINSON, KNAPP & SHUTT, for the respondents.
Judge Panel:Mr. Justice Sheldon. Scholfield, J., dissents.
Court:Supreme Court of Illinois
 
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Page 525

91 Ill. 525 (Ill. 1879)

THE PEOPLE ex rel. Oliver P. Powell et al.

v.

JOHN RUYLE et al

Supreme Court of Illinois, Central Grand Division

January, 1879

This was a proceeding by mandamus, commenced in this court by the relators against the county commissioners of Jersey county.

Mandamus awarded.

Messrs. PALMER, PALMER & ROSS, for the relators.

Messrs. ROBINSON, KNAPP & SHUTT, for the respondents.

Mr. Justice Sheldon. Scholfield, J., dissents.

OPINION

Mr. SHELDON, JUSTICE.

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

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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,):

Certified by us: Jacob Godfrey, James R. Bell, George N. Slaten,

Judges of the election.

Attest: Thaddeus A. Slaten, B. F. Porter,

Clerks of the election.

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...

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