
    O’NEILL v. BOARD OF STATE CANVASSERS.
    Elections — -Recount—Members of Legislature — Constitutional Law.
    Under constitutional provision that each hpuse shall be judge of qualifications, elections, and returns of its members, State board of canvassers has no authority or power to recount votes east for representative in State legislature (Constitution, art. 5, §15).
    Mandamus by Lawrence O’Neill against Board of State Canvassers to compel denial of application for recount of votes for office of representative in State legislature. Walter F. Jackson, opposing candidate, intervenes.
    Submitted December 3, 1932.
    (Calendar No. 36,980.)
    Writ granted December 7, 1932.
    
      Worcester & Worcester, for plaintiff.
    
      Paul W. Voorhies, Attorney General, and Daniel J. O’Hara, Assistant Attorney General, for defendant.
    
      Arthur J. Butler, for intervener.
    As to determination, of facts regarding custody of ballots since original count as condition of recount, see annotation in 71 A. L. R. 435.
   Per Curiam.

Under the constitutional provision (article 5, § 15) that “Each house shall judge of the qualifications, elections and returns of its members, ’ ’ as construed and applied by this court in Dingeman v. State Board of Canvassers, 198 Mich. 135, and the authorities there cited, the State board of canvassers has no authority or power to recount the votes cast for a representative in the State legislature.

An order will be entered granting the petitioner the relief prayed for in his petition. No costs will be allowed.  