
    Matter of the Application of J. William Atkinson for a Writ of Mandamus.
    (Supreme Court, Saratoga Special Term,
    August, 1899.)
    Elections — Inspectors have no judicial power to pass on ballots, not void.
    Inspectors of elections must canvass the ballots cast at a town-meeting, after they have rejected those declared to be void; and as their duty is purely ministerial, they have no power to act judicially and exclude, from their statement of the vote, ballots cast “ For Justice of the Peace for full term, commencing January 1st, 1901 ”, upon the grounds that the candidate was ineligible, and that no such office was, or could be, balloted for at the town meeting.
    Application, upon return of order to show cause, for writ of peremptory mandamus, requiring the inspectors of election of the two town election districts of the town of Waterford, Sara-toga county, to reconvene and make a corrected statement of the votes cast at the town election, held March 7, 1899, by including in such statement the number of votes cast for applicant for the office of justice of the peace. The inspectors had refused to include in their statement the number of votes cast for applicant, as the official ballots contained in addition to the words “Eor Justice of the Peace for full term,” the words “commencing January 1st, 1901,” and further claiming, 1st, that he was ineligible for election to such office, and 2d, that no such office for a full term, commencing January 1, 1901, was balloted for or could be legally balloted for at such town meeting.
    Erost, Daring & Warner, for application.
    Thos. O’Connor (J. W. Houghton, of counsel), for Jacob D. Wood and William G. German, opposed.
   Stover, J.

It was the duty of the inspectors to canvass the votes cast, after rejecting ballots that are declared void.

The duty is ministerial, and the official ballot is to be canvassed by the inspectors. They have no power to determine the questions of eligibility, or exercise any other judicial functions. These questions must be determined by the court in a proper action or proceeding.

The writ may issue.  