People ex rel. Wheaton v. Wiant

Citations

• 48 Ill. 263

Syllabus

<p>1. County seat—removal of—constitution. Where an act of the legislature designated a place by name to which it was proposed to remove a county seat, and authorized the voters of the county to vote for and against its removal to that point, this was a compliance with art. IJ, see. 5, of our constitution.</p> <p>2. Same—majority vote, how ascertained. Where an election on the question of the removal of a county seat happens to be held at the same time there is another election, as, for a circuit judge, the vote cast on the single question of removal will not alone govern as to whether a majority of all the legal votes of the county were given in favor of removal, but it must appear that a majority of all the votes cast at that election were so given.</p> <p>3. Certificate of tote. Where the certificate required of the county clerk in such a case, omitted to state the number of votes cast at the election, so it might be seen whether the proposition had been carried or lost, the returns of the judges and clerks of election may be resorted to for the purpose of ascertaining that fact. The object of such an election will not be defeated for the want of such a statement in the certificate.</p> <p>4. Chancery—jurisdiction to correct and purge polls. If fraudulent votes have been cast at an election to determine upon the removal of a county seat, and the law authorizing the election fails to provide any mode for contesting the election and a re-canvass of the vote, being a matter of public concern, equity will entertain jurisdiction to relieve against the fraud and to carry out the intention of the law in submitting the question to a vote of the county.</p> <p>6. Mandamus—when ii wiJl be refused. Where a bill in chancery has been filed and is still pending, on the trial of which the question whether fraudulent votes were cast, and carried the question of removal of a county seat, is necessarily-involved, and the court has competent jurisdiction to correct the vote and set