fanit be that the legislature ever intend^^ed to confer on a board, chosen in such a^manner, the important and delicate duty of^deciding on the validity or invalidity of^election returns, and, m their discretion, of^counting or rejecting the votes cast at an^election. The pro|sisition is bsi absurd for^belief, and to pro|siuiid the quesii ui is to^answer it. It cannot be that this, the most^^b he ate of all public duties, and the one^that comes nearest in the rights and inter^^est of every citizen, is thus left lo an uncer^^tain and slut!iug iHiard, coni|sised like an^election canvassing board. If the principle^I have slated, then, is correct, that the duty^of the canvassing board is simply to make^abstracts of the voti s. as shown by the re^^turns, it obviates any necessity of inquiring^whether the facts set iqi in the answer of^the majority of the Is mid are true or not. it^was not for them to say or determine^whether the clerks of election peifnriind^their duty r:s defined by the law or not, or^whethi r the ccrtilicntcsor attestations made^bv the judges and clerks wire in due form^of law, or whether the clerks, with their^own hands, entered the names ol the voters^on the tally sheets, or suffered some one^else lo do it for them, or, finally, win lie r^the returns of the elect ion were transmuted^in the mode presents d by the statute, or^reached them in a different way. .Some, or^all of these may !^^ important questions,^and the law provides a method, as also a^tribunal, in which they may be r osed and^decided: but they are not for thed.^termina^^tion of a canvassing board. Again, quot^^ing the language of Judge Knowles, in the^case of Chuinasero vs. Potts, ^officers whose^duty by law is to canvass returns have no
otherlegal duties than these to perform;^and. as it w, nld not be within the province^of the proceedim * in mandamus to compel^them to go Islundthe returns and deter^^mine the nit mil legal vote cast, so they^cannot si t up in law what dis s not concern^them as ollicers, as n defense when they are^required to do what dis s not concern them^as officei - u uh r the provisions of law.
