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Their Last Meeting

Their Last Meeting image
Parent Issue
Day
17
Month
April
Year
1890
Copyright
Public Domain
OCR Text

The city char'er providea that on the Thursday eveaing following eltjct:on the Common Couacil shall meet for the purpose of canvassifag the vote and declariDg the result. Iq accordance with this provisión, a meeting was held last Thursday evenin and this gession was the longest as well as the "hottest" held by that august body during the year. Every membe-, with the exception of Aid. Barker, was present; but there were enoujh outsiders present to make up for the absence of one of the city fathers. It was evident ihat something out of the ordinary routine was to occupy the to close the la-t hours of the counnl. A pile of law books covered the clerk's desk, at one end of which sat attorneys Whitman and Norria eonversing in low tone?, while at the other end o the table attorneys Sawyer and Bennett sat with determined faces, as though nerving themselves for a struggle which was decided against them in advance. The presence of J. B. Saunders and W. L. Taylor, the tie candidatos for alderman of the Fifth warrf, together with a number of residents of that ward, showed that something was to be done to eettle the tie between the two candidates. Wfaat was af terwards done orily demónstrate tha' ''majorities rule" The first business of the 'meeting was the carvassing of the returns and the declaration of the election of the city and ward officials elect, ihe list being the same as given id The Register laat week. When the returns from the Fifth ward were read, showing a tie vote bitween James B. Saundera and Walter L. Tuvlor, a petiton from Walter L. Taylor, the democratie candidate, was presetited and read. Mr. ïaylor laid claim to the place Tor the following reasons: That he received a plurality of the votes cast for the office of alderman of the fifth ward, and shoukl have been declared and returned as duly elected, as he actually received 83 votes, while Saunders received but S2, and House but 2. But by an error of the inspectora in counting and returning the vote he was returned as baving had but 82 votes. The error charged was that on the closing of the polls, the inspectora upon counting the votes found 168 votes in the ballot-box, but that this appeared to be one in excess of the number belonging there, as the tally sheet of the clerk showed but 167 names of persons who had voted, and one ballot was drawn from the box; that Wm. N. Shadford, a legal voter, had voted, althougli his name did not appear on the tally sheet; that thi ticket drawn out had Tavlor's name printed thereon and had the ballot not been drawn out he would have had a plurality of the votes cast, and would have been declared elected. The petition asked the council to determine the truth of these statements, and to declare him elected. Mr. Saunders in his remonstrance objected to the granting of Mr. Taylor's petition, for the following reasons: "lst. The count was made and repeated three times, and it being ascertained on each of these occasions that there was one more vote in the box than there were names on the poll-list, in accordance with law, one person (the demociatic supervisor) turned his back and drew out a vote from the ballot box, and it was immediately put out of sight in accordance with the statutes in such cases made and provided. All parties interested were present and acquiesced in the proceedings. "2nd. I did not see that ticket, have not seen it since, and do not know (only by statements made by a democrat present) whether it was a democratie or republican vote, or if a democratie ballot, whether my slip was on it or not. "3rd. Because, as far as I know or have been informed, there is no law providing for the replacing of a ballot in the box, after once being discarded ; but there is one that said ballot shall be instantly destroyed, without being made known for which person or party it was originally deposited, thus showing that it was meant by this statute to put all such ballots out of the reach of controverey. "4th. Because the law does definitely and plainly set forth the remedy for a tie vote, viz : That it shall be eettled by lot and by lot only." The council decided to hear the geveral attorneys for the two petitioners, E. B. Norris Srst addreesing the council iq behalf of Mr. Tsylor. He called attention to the sections of the charter relating to canvassing the vote cast, claiming that the auihority of the council was final in this matter, and that whichever way this toiiy decided nothingcould be done tnereafter. He clsimed that the juritdiction of the couDcil was so complete, ihat that body cou!d go back of the returts, could even go so far as to replace a ticket in the box which had been drawn out legaüy by the inspectora, and cculd even prove by oral testimoi.y in regard to the nature of this ticket, although tbe law requires that the ticket shtll be destroyed. Mr. Norris gave to the council in his argument eupreme power to do as the members pleased. A. J. Sawyer of the counsel for Mr. Saunders, epoke next and agreed at once lo a rtcouut of the ballots deposited in the fifth ward, to be made at once if the opposing counsel would corsent. Mr. Norris wöuld agree to this if it was agreed that testimony might Srst be produced to show that the itippec'ors ht this election had thought that one more vote was in tbe box than the poll-list showed had been voted, and that a democratie vote had been drawn out, and that this ticket ehou'd be replaced it' this was proven. Mr. Sawyer contended that the countil should first reeouut the votes in the ballot box, as this nvght show that one party had a majirity, aiid thus decide the ma'.ter without going in:o the testimony in rfgard to tbe withdrawn ticket. C. R. Whitman, lor Mr. Ty!or, s'ated the case and the Uw on the subj-ict, claiming that the obarter is the authority in this matter and not the statute. Mr. Whitman contended that the first step to be taken wasto determine whether tne withdrawn ballot should be replaced or not, before the ballo'.-box should be opened and the ballots ei unted. Mr. Sawyer again argued that this procedure was not the proper onp, but that the staiutes provided the system to be followed in correcting ust 8uch errors, that tbe very first step to be taken is to recount the ballots. He even went so far as to consent that if it was found that an actual lie f xsted between these two contestant, that tes'imony should be taken in regard to the withdrawn ticket, and in regard to men who voted at this election and wliose names do not appear on the poll-list. Alderman Miller moved that the tegtirnony in relation to tbe nature of the ticket drawn from the box be now taken. Aid. Allmendinger moved asa substitute that the canvass proceed under the law of the state governinc; such cases. The substituto was voted down, and tre original motion was carried. The testimony was then taken. Alderman Waru was fiist called but refased to be gworn. His colleague, Aid. Spafford, statfd that he was one of ihe inspectors of election and told the history of the ballot drawn, stating that it was a democratie ticket. The tally-cheet was returned to the city clerk with the returns and N. D. Gates, the clerk who made the tally-sbeet, verified the same. Amos Corey and Thomas Godkin each gave testimony. George Cox utated that he voted at the titih ward polls on that dav, notwithstanding the fact that his name does not appear on the poll list. Aid. Waie stated tnat he htd to cali the attention of the inspectors several times to the fact that they neglected to cali the names of voters to the tlerks, and that a folded republican ticket was found lying by the side of the box, which evidently was intended to have been put inside. e things were evidently not teken into cemsideration, as demanded by the republican aldermen. Alderman C. Martin made a motion which brought forth the opposition of the republicaus. He moved that a committeo be appointed to recount the ballots deposiud, and if it was found that the vote on alderman was a tie, the withdrawn ballot should be returned and counted. The republicans stamped this proceedure as outragoouf. Their talk, as well as their votes, proved of lutle avail, aad the resoluiion was adop'ed. Tne council appointed President Belser on the committee, Aid. Die e1 la appearing for Saunders and Aid. Miller for Taylor. The ballot box was broughl and the votea recounted, the result being, as the icspectors had re'.urned, a tie between Saunders and Talor. The commfee reportej the result to the cjuncil ai;d the ieport w;s aocepted. Aid. O. Martin moved that the wiihdrawn ticket be rtplaced and counted for Walter L. Taylor lor alderman oi the fifth ward. AÍd. Allmendinger moved as an amendment that another vote te couQted for James B. Saunders. The amendment was voted down by a stnet party vote. The oriainal motion Was then carried by a vote of seven to four, Aldermeu Allmendinger, Dieteile, and Spckes refus.ing to vote, thus showing their disspproval of the action, and being counted in the negative. A resolution was then pre3ented declaiing the elecú m of ihe city officials as announced, the same lepublicans again refusiug to sanctiou the action taken. By motion the tbanka of the council were extended to President Belser for the fair and impartir 1 manner in which he had presided over tne council. Aid. Miller, who bad acted as temporary president on several occasions was treaied in the same m antier. The council then adjourned sine die.

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Subjects
Old News
Ann Arbor Register