
    State ex rel. Zabel vs. Board of Canvassers of Milwaukee County and others.
    
      December 11 — December 12, 1914.
    
    
      State ex ret Husting v. Board of State Canvassers, ante, p. 216, followed.
    MaNDAMus action to compel the Board of Canvassers of Milwaukee County to complete its canvass of the returns from the various election districts in such county of the results of the election for county officers held in November, 1914, and to issue certificates of election, evidencing the result of the canvass, particularly as to the relator, IP. C. Zabel.
    
    Issue was joined by demurrer to the return.
    The reasons given, in the return, for delay are substantially the same as in State ex rel. Husting v. Board of State Canvassers, ante, p. 216, 150 N. W. 542, viz. pending proceedings for a recount under the provisions of sec. 86, Stats.
    TI7. B. Rubin and TP. C. Zabel, for the relator. [No brief on file.]
    
      L. G. Wheeler and II. S. Sloan, for the defendants. [No brief on file.]
   Maeshall, J.

The question raised in manner aforesaid ■ is ruled in favor of the plaintiff by the decision in State ex rel. Husting v. Board of State Canvassers, ante, p. 216, 150 N. W. 542, and for the reasons which will be found stated in the opinion in that case. Following such decision the court ordered herein thus:

(1) That the demurrer to the return be sustained, and

(2) That a peremptory writ of mandamus issue, returnable with all convenient speed and not later than December 15, 1914, commanding that said canvassers make the statement of votes cast for county officers in Milwaukee county, file the same with the county clerk, and publish the results, and thaf the county clerk issue certificates of election thereon, all as provided by secs. 83, 84, and 85, Stats.; and it appearing that the time for efficient recount proceedings has expired, further ordered that all recount proceedings under sec. 86 do now cease.

Wieseow, C. T., and Baestes, J., dissent.  