The Republican candidate was: For Circuit Judge to fill vacancy, Henry J. McKay; For Circuit Judge, full term, Henry J. McKay. That at said election between six thousand (6,000) and seven thousand (7,000) votes were cast for both of said candidates, as your petitioner is informed and believes. That on said election day and in accordance with law, the several election inspectors in the city of Mt. Clemens and in the townships in said county of Macomb, proceeded to count the ballots cast for said circuit judge, and that said returns are now being canvassed as provided by law by the county canvassing board of said county of Macomb. That various alleged corrections have been made in said returns from the 2nd ward of the city of Mt. Clemens, from the township of Lennox, from the township of Chesterfield, and that the returns from the township of Warren show such inconsistencies and apparent errors that it is impossible for said county board of canvassers to proceed with an intelligent canvass thereof. That your petitioner expresses himself aggrieved on account of the mistakes and ommissions and errors in said election, and that he has been deprived of a large number of votes to the number of one hundred and forty (140) and upwards, as your petitioner is informed and believes, to which he was duly entitled, and which should have been counted in his favor by the various inspectors of election in the various townships, in the county of Macomb, and State of Michigan, and in the wards and precincts of the city of Mt. Clemens, county of Macomb and State of Michigan. Your petitioner further alleges that he is informed and believes the said board of canvassers are unable to determine from the face of the returns before them, what the real truth is as to the number of votes to which your petitioner and the said Henry J. McKay are severally entitled; for instance, in the township of Warren in said county, the returns sent to the county clerk by the local election board do not indicate what the total vote for the office of Circuit Judge was. Said returns do not indicate whether one or two ballots were given to the several voters upon their going into the booths as required by law. In tabulating the returns the board of inspectors of said township of Warren, as appears by their returns now before said canvassing board, credited Judge Ostrander and each of the other State officers on the Republican ticket except Circuit Judge, with one hundred and five (105) straight, and twenty-seven (27) split votes, whereas Henry J. McKay, the Republican candidate for Circuit Judge opposed to your petitioner, was credited with one hundred eighty-four (184) straight votes and four (4) split votes, from which it is apparent that said inspectors have made a mistake of some ninety-six (96) votes in their tabulation and that either Judge Ostrander and the other State officers have received some ninety odd votes less than the number to which they are entitled or the said Henry J. McKay has received some ninety odd votes more than the number to which he is entitled, and so far as the face of the returns is concerned it is impossible to determine with certainty which error has been committed. Your petitioner further shows that in the returns from the township of Chesterfield there are numerous apparent discrepancies. The total number of State ballots voted for not being given, nor the total number of votes to which each State officer voted for is entitled to, so as to tally with each other correctly, and your petitioner says that members of the local board of inspectors from Chesterfield, when called before the Board of County Canvassers, erased on the face of their returns without warrant of law the number of votes credited to both Henry J. McKay and your petitioner, and wrote in the place thereof the number of votes to which they remembered your petitioner and the said Henry J. McKay were entitled; by which unauthorized change some twenty (20) votes to which your petitioner appeared to be entitled by the face of the returns as filed were taken from him without warrant except as the two members of the Chesterfield board who were present claimed to remember that the votes had been cast. Your petitioner alleges upon his information and belief, that practically the same sort of errors were committed in the townships of Lennox, Kay, Sterling, Bruce and Clinton. Your petitioner alleges no fraud or intentional wrong doing on the part of anyone, but he believes and has good reason to believe that he has been deprived of at least one hundred and forty (140) votes to which he is justly entitled by reason of the errors complained of, and that a correction of said errors which can only be made by a recount of the votes cast in the said county, will result in the election of your petitioner for the said office of Circuit Judge, and your petitioner alleges that said recount can be easily made in two days. Your petitioner further alleges that as he is informed and believes numerous votes in various precincts in said county of Macomb and in said city of Mt. Clemens were counted for said Henry J. McKay which should have been credited to your petitioner. Wherefore your petitioner prays: That inasmuch as he is without redress or relief in said matter, as he is informed and believes, except by the Legislature counting said ballots, he asks that his rights and the rights of the electors of Macomb county in said matter be secured and protected by your Honorable body recounting said ballots cast for your petitioner and said Henry J. McKay, that no possible question may exist as to which is entitled to the office of Circuit Judge. State of Michigan, County of Macomb-ss. James G. Tucker. On this 14th day of April A. D. 1911, personally appeared before me, the petitioner above named, James G. Tucker, who made oath that he had read the foregoing petition by him subscribed and that he knows the contents thereof and that the same is true of his own knowledge except as to matters therein stated on information and belief, and to such matters he believes it to be true. Rebecca Bailey, Notary Public, Ingham County, Mich. My commission expires Oct. 19th, 1914. The petition having been read and unanimous consent being obtained. Mr. Weter offered the following resolutions: Senate resolution No. 78. Whereas, The sworn petition of James G. Tucker of Mt. Clemens, Michigan, has been presented to this Legislature, a true and exact copy of which is hereto attached and made a part hereof; and Whereas, It is deemed desirable and expedient, under the circumstances, that the prayer of this petition be granted; now therefore be it Resolved by the Senate (the House of Representatives concurring), That the prayer of the petition of the Honorable James G. Tucker be and the same hereby is granted, and that a committee of two Senators, to be appointed by the President of the Senate and a committee of three Representatives, to be appointed by the Speaker of the House of Representatives, hereby are authorized and directed forthwith to proceed to recount the votes cast for Circuit Judge, to fill vacancy and the votes cast for Circuit Judge for full term at the election held in the county of Macomb, State of Michigan, on the 3rd day of April, A. D. 1911, and report their findings back to the Legislature with all convenient speed; and be it further Resolved, That the joint committee hereby appointed are authorized to summon ballot boxes and witnesses and to employ such clerical help as in their judgment shall be deemed necessary for the proper expediting of their duties as herein set forth, and that any party interested may be represented by counsel at said recount; and be it further Resolved, That the Board of Macomb County Canvassers is hereby directed to furnish proper accommodations and such assistance as they may be able to furnish, to further and expedite the recount of such votes; and be it further Resolved, That said joint committee be and the same is hereby authorized to employ such assistance, clerical and otherwise, as may be necessary to conduct such recount; that the Secretary of the Senate or some person designated by him, be and he is hereby directed to accompany said committee and act at its direction, and that the Sergeant-at-Arms of the Senate or some person designated by him, be and is hereby directed to accompany said committee and act under its direction, and that all expenses of such committee and of such recount be paid upon vouchers signed by the chairmen of the Senate and House committees. Pending the reference of the resolutions to a committee, under the last clause of Rule 17, Mr. Weter moved that the rule be suspended and that the resolutions be placed on their immediate consideration. The motion prevailed, two-thirds of the Senators present voting therefor. The question then being on the adoption of the resolutions, The resolutions were adopted. The President announced as the committee on the part of the Senate, Senators Cartier and Taylor. By unanimous consent the Senate returned to the order of MESSAGES FROM THE HOUSE. The following message from the House was received and read: To the President of the Senate: House of Representatives, April 13, 1911. Sir:-I am instructed by the House to return to the Senate the following bill: Senate bill No. 339 (file No. 334), entitled A bill to amend section 10 of Act No. 136 of the Public Acts of 1909, entitled "An act to provide one additional judge in the judicial circuit in which the county of Ingham is, or may be situated, being now the thirtieth judicial circuit;" And to inform the Senate that in the passage of the bill the House has concurred. Very respectfully, PAUL H. KING, Clerk of the House of Representatives. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. The following message from the House was also received and read: House of Representatives, To the President of the Senate: A bill to make the drawing and uttering of any check, draft or order where the drawer has not sufficient funds with the drawee to meet the same, together with the neglect or refusal to deposit within ten days such sufficient funds, prima facie evidence of intent to obtain money or other property under false pretenses; And to inform the Senate that the bill has passed the House. In this action of the House the concurrence of the Senate is respectfully asked. Very respectfully, PAUL H. KING, Clerk of the House of Representatives. The bill was read a first and second time by its title and referred to the Committee on Judiciary. The following message from the House was also received and read: To the President of the Senate: House of Representatives, Sir: I am instructed by the House to transmit the following bill: House bill No. 109 (file No. 323), entitled A bill making appropriations for special purposes at the Michigan Asylum for the Insane at Kalamazoo for the fiscal year ending June 30, 1912, and to provide a tax to meet the same; And to inform the Senate that the bill has passed the House. In this action of the House the concurrence of the Senate is respectfully asked. Very respectfully, PAUL H. KING, Clerk of the House of Representatives. The bill was read a first and second time by its title and pending the reference of the bill to its appropriate committee, Mr. Bradley moved that the rules be suspended and the bill be referred to the Committee on Finance and Appropriations. The motion prevailed, two-thirds of the Senators present voting therefor. The following message from the House was also received and read: House of Representatives, To the President of the Senate: A bill to amend sections 1, 2 and 26 of Act No. 207 of the Public Acts of 1889, approved June 29, 1889, entitled "An act to prohibit the manufacture, sale, keeping for sale, giving away, or furnishing of vinous, malt, brewed, fermented, spirituous or intoxicating liquors, or any mixed liquor or beverage, any part of which is intoxicating, and to prohibit the keeping of any saloon or any other place for the manufacture, sale, storing for sale. giving away or furnishing of such liquors or beverages, and to suspend the general laws of the State relative to the taxation and regulation of the manufacture and sale of such liquors in the several counties of this State under certain circumstances; to authorize the qualified electors of the several counties of this State to express their will in regard to such prohibition by an election, and to authorize and empower the boards of supervisors of the several counties, after such election, if they shall determine the result to be in favor of such prohibition, to prohibit the manufacture, sale, keeping for sale, giving away or furnishing any such liquors or the keeping of a saloon or any other place for the manufacture, sale, storing for sale, giving away or furnishing of the same in their respective counties, and to provide for penalties and rights of action in case of its violation," as amended and added to by Act No. 183 of the Public Acts of 1899, approved April 18, 1899, and by Act No. 170 of the Public Acts of 1903, approved June 3, 1903, and by Act No. 107 of the Public Acts of 1909; And to inform the Senate that the bill has passed the House. |