The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-01-06
Question. Five-Are returns from towns


and council in coudtng the votes, 6e
Maine, 5S8. II, however, the clerk should
| be absent, q clerk pro tenpOTe may be
chosen, or a deputy clerk may be APP
pointed under the statute, and returns OF
such clerk pro tenlp0re or deputy clerk
D are 10 have the fame force or effect as if
signed by the clerk
Question Six-Have the governor and
council the right to reject returns of the
election of members Of the legislature re-
Quired by the same section from officers
of towns, which were not made, signed
or sealed up in open town meeting? An
} swer-The governor and council must
act upo the retu ms forwarded to the
secretary Of state. Ii they purport to be
made, figned, sealed up in open planta-
ton Or town meeting, they constitute the
bssis OF action of the canvassing board.
No provision is found in the cons titution
or in sny statute of this state By virtue of
which they would be authorized TO re-
ceiYe evidence to negative the facts there
in set forth. They, therefore, have no
such power. a statement of municipal
officers IS IN that respect conclusive.
Question Seven - Is the return
selectmen of a town, valid and
when it appears that there were at the
time of the meeting at which the ell, ction
was had, but two selectmen of that town?
Answer-When majority OF the select
men are absent from n meeting for cleo
ton purposes, or, being present, neglect
or refuse to act as such, and to do all the
duties required of them, the voters at
such meeting may choose so many select
men pro teHlpOTe as are necessary to
mplete the number competent to do
the duties. In case of the death or re-
moval Of all the selectmen two would be
sufficient and competent to act. The in
quiry is, if a return would be valid
when there should be but two selectmen
at the time of the meeting at which the
election was held. If the other select
men had deceased prior to the meeting
| the survivors might act, and their action
might be legal, but the canvassing board
are to be governed by the returns. Evil
dence would not be admissible to prove
the fact that there were but two select
men of the town. The governor and
council cannot officially know there are
only two.
Question Eight-Can a person who is
not q citizen of the United States at the
time be legally elected or constituted a
selectman of town? The answer is in
the affirmative, provided his official acts
are valid so far as affects the public. The
court discusses this question at consider
able length, citing numerous authorities
to show wherein de ,jlCre and de fGct0
official are alike ard wherein different.
Aliensge is not allowed to be proven. In
one case on the records it was shown that
the clerk was an alienTulterly ignorsnt
of the language and had made every con-
ceivable irrCgularity, yet no evidence
outside the returns Wns held admissible.
Question Nine-If ballot has dis
tingujshiDg mark in the judgment of the
governor and council suc1 as would
make it illegal under the statute, have
they authority TO disregard it in their
be elected, where it appears by official
returns of officers of a town that
such vote was received by the select
men subject to their objection and its
legality referred to the governor and
council for decision? Answer-The
presiding officers are to determine
whether ballot offered has distinguish
ing mark or figure so that a rejected voter
may procure the ballot if he chooses, to
which no exception can be taken, but if
the ballots have distinguishing marks or
figures, it is no part of the duty Of officers
of the town to make any report or re-
ference thereto. They should reject the
ballot if offered, where it is within the |
prohibition of the statute. The statute |
prohibits the rejection of a ballet, after
it is received into the ballot box. 1t is |
then to be counted. The governor and |
council have nothing to do with the |
question, Their duty is 10 count |
the vote regardless of tie fact i'm |
properly set forth in the returns. |
They are nowhere constituted tribunal |
with judicial authority, to determine |
what shall constitute q distinguishing /
mark or figure, nor can they legally re-
fuse 10 open and count the votes returned. |
When q ballot has been once received in |
the ballot box neither the selectmen For
governor and council can refuse to count
It.
Question Ten-If the names of persons
appear in the return without any number
of votes being stated, carried out against
them, either IN words or figures, is it the
duty of the governor in council to trea.
those persons as having the same number
of votes as another person received for the
same Office and whose name is placed
first in the return, if they find dots under
the figures or words set against such other
persons name? Answer The word ditto,
and its Authorization, to "do." and dots or
marks that stand for the word ditto, are
of common use and have perfectly well
defined meaning, known to persons
generally. That meaning should not be
We answer heques.iOn in
the affirmative.
Question Eleven-Have the governor
and council the legal right to decide what
kind of evidence they will receive and
what the mode of proceeding before them
shall be to enable them to determine the
genuineness of returns required by the
article and section of the constitution
above mentioned? Answer-We assume
that tie genuineness of the return referred
to relates either to the signatures of the
officers signing or to alterations of re-
turns. The governor and council have
no power to reject returns on either
ground unless an objection in writing is
presented TO them, setting forth that the
Signatures of such officers are not genuine
or that the return has been altered after
it was signed. Then, notice thereof should
be given to all persons interested and
when adjudicsting upon the facts the
governor and council should be governed |
In the admission of evidence by estab-
lished rules of evidence In accordance |
with the law of this state. Witnesses
should be duly sworn that they may be |
punishable for the crime of perjury if |
they wilfully and corruptIy testify
falsely. The governor and council may
not reject returns for such cause without |
giving the parties interested therein fair |
opportunity to be heard. The genuineness
of a return in these particulars is to be |
presumed and this presumption remains |
until overcome by evidence produced as
before said.
Question Twelve-IR the governor and
council have before them two lists of |
votes returned from the same town differ
ing materially from each other in the |
number of votes returned SIS cast for |
the same persons but identical in all |
other respects, both having been duly |
received at the secretary's Office, and they |
have no evidence to enable them to de- |
termine which is the true and genuine re- |
turn, are they required to treat either of |
them as valid? AnsWer-The return first |
received at the Office of the secretary Of |
state must be the basis of action of the |
governor and council. If defective or not |
q true copy of the record, it can be cor
rected or the defects supplied only in &C
cordance with theprovisions Of the statute |
relating thereto.
As the returns are made by plain people !
in many cases, it is not requisite that they
be written with the serupulous nicely of
NrsNee ma tor wit f. Il