Misch v. Russell

Citations

• 136 Ill. 22
• 12 L.R.A. 125

Syllabus

<p>1. Elections—contested election—as to school officers—jurisdiction of county court—the statute construed. County courts are vested by law with jurisdiction to try and determine all contested elections of school officers.</p> <p>2. The act of April 3, 1872, in regard to elections, after appointing Proper tribunals before which contests may be had of the election of certain officers named, provides that “the county court shall hear and determine contests of election of all other county, township and precinot officers, and all other officers for the contesting of whose election ho provision is made.” This, it is held, includes contests of the election of school officers, such officers being of the same class as county, city and township officers.</p> <p>Same—ballot for the same person for two offices which'are incompatible. One may become a candidate and be voted for on the same ballot for two incompatible offices, but if elected to both he will be compelled to elect which office he will accept. The fact that he is voted for for two incompatible offices will not authorize the rejection of the ballots on the ground of uncertainty.</p> <p>4. So where a candidate for the office of president of a board of education had some votes cast for him both for that office and also for the office of member of the same board, it was held, that he was entitled to have such votes as were cast for him for president of the board, counted for him.</p> <p>5. Statute—rule of construction. The rule for the construction of statutes, that a general description following a specific enumeration of objects or things will be held to include only such things or objects as are of the same kind specifically enumerated, does not require the rejection of the general terms entirely. Every part of a statute should, if possible, be upheld, and given its appropriate force and effect.</p>