Heffner v. Board of County Commissioners

Citations

• 16 Wash. 273
• 47 P. 430
• 1896 Wash. LEXIS 46

Syllabus

<p>RECORD ON APPEAL—AFFIDAVITS — REMOVAL OF COUNTY SEAT — DUTY OF COUNTY COMMISSIONERS — CANVASS AND DECLARATION OF VOTE.</p> <p>Affidavits introduced in evidence at the hearing of a cause in the court below should be brought into the record on appeal by inclusion in a statement of facts.</p> <p>The failure of county commissioners to canvass the election returns upon a vote for the removal of a county seat, until more than ninety days after the election thereon, contrary to the provisions of Gen. Stat., § 2463, requiring them to ascertain and declare the re- . suit “not more than ninety days after the election,” will not preclude the discharge of the duty imposed on them in that respect after the expiration of the time prescribed by statute, since the statutory direction is not mandatory in its terms.</p> <p>Under Gen. Stat., § 2462, making it the duty of the county commissioners, when an election for the removal of a county seat has been held, to receive and compare the returns and ascertain the results, and declare the place selected, if three-fifths of the legal votes cast on the proposition are in favor of any particular place, the commissioners are warranted in going behind the returns and examining the ballots cast, for the purpose of determining the result, and their action in that regard, when compliance has been had with statutory requirements, is not subject to review by the courts.</p>