Shields v. Jacob

• Decision Date: 30 October 1891
• Citation: 88 Mich. 164,50 N.W. 105
• Court: Michigan Supreme Court
• Parties: SHIELDS et al. v. JACOB et al., Election Commissioners for the City of Detroit.

50 N.W. 105

88 Mich. 164

SHIELDS et al. v. JACOB et al., Election Commissioners for the City of Detroit.

Supreme Court of Michigan

October 30, 1891

Application by William J. Shields and others for mandamus to John C. Jacob, Joseph T. Lowry, and August G. Kronberg election commissioners for the city of Detroit.

Alfred Russell and Don M Dickinson, for relators. John J. Speed and C. S. McDonald, for respondents.

PER CURIAM.

The petition of the relators sets forth the appointment of the respondents as election commissioners of the city of Detroit on the 6th day of October inst.; and also of the calling of the Democratic city convention for the nomination of city officers; the holding of such convention, and the proceedings had thereat; and the fact that such convention divided, and two tickets were nominated,-one of them headed by William G Thompson for mayor, and the other by John Miner, also for mayor; that the committee of that branch of the Democratic party supporting John Miner for mayor prepared a ticket consisting of the officers nominated by the convention, and also a vignette consisting of a right arm holding a flag upon which was printed the words, "Regular Democratic Ticket," duly certified by them, which was presented to each member of the board of election commissioners, with a request that it be printed upon the ballots to be voted at the election to be held on the 3d day of November prox. They further set up that the election commissioners refuse to say whether they will print such tickets or not, but, from rumors and reports, they believe it is the intention of the election commissioners not to print such ticket upon the ballot authorized by law to be voted; that they have inquired of such commissioners whether they intend to print such ticket, and such commissioners have refused to give any answer to such inquiry. They ask for a mandamus to be directed to the members of the board of election commissioners, commanding them to "organize, and proceed to prepare, and cause to be printed, ballots bearing upon them, as the regular Democratic ticket, the ticket and candidates and vignette embraced in the certificate of relators hereinbefore set forth;" and that the said John Christ Jacob, Joseph T. Lowry, and Augustus G. Kronberg board of election commissioners of the city of Detroit, be commanded to place upon the ballot for the municipal election to be held in the city of Detroit on November 3, 1891, in a regular and due form, the list of candidates for mayor and city offices, named and embraced in the certificate hereinbefore referred to. The board of election commissioners have answered the petition, stating that they met on the 26th day of October, and organized as a board, and elected as chairman John Christ Jacob, and G. Henrion as secretary; that at such session they directed the secretary to insert in the daily newspapers a notice that the board of election commissioners for the city of Detroit would be in session at the city clerk's office in the city hall on Tuesday and Wednesday, October 27 and 28, 1891, at noon on said days, for the purpose of receiving from the chairmen of the several political organizations the names of the persons nominated to the several city and ward offices to be filled at the coming charter election, and that the proof copy of the ballot which is to be prepared by said board of election commissioners would be open for the inspection of the chairman of each of the political organizations on Saturday and Monday, October 31st and November 2d, at the office of the city clerk in the city hall. It sets forth that the notices...