Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-12-26
THE UTAH DELEGATION CONTEST.


expected. It will be remembered that
Cannon, the Mormon polygamist, received
nearly all the votes at the election, but
that Governor Murray gave certificate to
Campbell. on the ground that Cannon was
not citizen of the United States. The
Governor also inserted in Campbelrs Ger
tiicate the statement that it was given to
him because he was citizen of the United
States. Now whether the allegation that
Cannon is not citizen is true or untrue
happens to be a question beyond the iuris-
diction of Governor Murray. The law
gives him no power to take into considera-
ton the eligibility of a candidate. All he
is empowered and directed to do is to give
a certificate of election to the candidate
having the highest number of votes. Il is
| none of his business to ascertain whether
or not that candidate is eligible. That Is
the business Of Congress. The House alone
has the authority to decide upon the quail
| fication Of its own members Nor can the
argument of Murray's supporters, namely,
that his allusion to the question Of citizen
ship in Campbelrs certificate is merely
surplusage, be allowed to have any weight,
for it does not alter the fact that in giving
certificate to Campbell he was setting up
false representation. 1t was his duty
to give a certificate to the candidate
having the largest number of votes. He
did not do this. On the contrary, he gave
the certificate to the candidate who had
the smallest number of votes. In taking
upon himself to decide upon Cannon's eligi-
bility he usurped power which did not
belong to him, and which did belong to
Congress. We have before expressed the
opinion that Congress could not afford to
permit precedent Of this kind to be estab-
lished. To do SO would be to allow Gov
errors of Territories or even of States to
determine who should go to Congress in
CONTESTED or uncertain cases, and such a
power would eventually deprive Congress
of one of the most important and indis-
pensable of its rights.
1t is necessary to set aside the question
of Cannon's connection with the Mormons
in discussing this case, for it really has but
a very remote bearing upon it. The real
question is that of his citizenship, and
there can be no doubt that this is ques-
ton for the determination of the House,
and not of Governor Murray. If Cannon
is not citizen the House can refuse to
admit him, and on proof of that allegation
would no doubt take that course. But at
| present he has the strongest position before
it, Campbell comes with certificate
which Is irregular on its face, and which
cannot therefore be competent or sufficient
evidence of the validity of his claim.
Cannon, on the other hand, has the proofs
of his election, and as far as they go they
are incontestable. Up TO the present mo
ment Cannon ought to be regarded as the
candidate having the strongest claim to
seat. Campbell has really no claim at all
beyond the VIGOROUSLY illegal and irregular
certificate of the Governor of Utah GER
tifcate which might just as equitably have
been given to some man who had never
been candidate at all. In fact it would
have been stronger evidence had it been
| given to some stranger, for in Campbell's
case it is plain that he is not merely not
the successful candidate, but that he is the
candidate whom the voters expressly re-
jected.
1t is intimated that Congress may solve
the difficulty by refusing to admit either
of the claimants, and this seems to be the
only defensible course, provided that Can
mons ineligibility is demonstrated. For
if he is shown to have been ineligible, and
is consequently rejected by the House, it
cannot with any show of reason turn round
and admit Campbell, for whom nothing
more can be said than that he was de-
feated. If Cannon was not elected there
was no election, and this doctrine has been
affirmed repeatedly by the Courts, which
have almost uniformly held that the in
eligibility of majority candidate can
not be regarded as electing mi
nority candidate. The objection to the
admission of Campbell is in our
opinion insuparable from this stand
point, but the House cannot afford to admit
him, because to do SO would be to recog-
nize the right of Governor Murray to pass
upon the question of eligibility, and this
would establish the very precedent which
it is necessary to avoid. No doubt Con-
gress has itself to blame in part for this diff
fculty. in that it has admitted Cannon re-
peatedly notwithstanding it knew that lie
was a polyganlist. 1t has acted very
weakly in this matter, and its cowardice
has brought its own punishment, as often
happens in such cases.
OF course it would be one of those blum
ders which are worse than crimes to rule
against Cannon if he has the right, merely
because he is Mormon and polygamist.
Trying to remedy one wrong by another
never answers, and In this case the partic-
ular wrong sought to be done by those who
think that polygamy ought to be fought
with any and all weapons, could only
weaken and discredit representative insti.
tutions, end would be certain to enlist the
sympathy of all clearsighted and upright
men on the eide Of the injured party. In
short, if Congress cannot fight polygamy
by honorable methods, and without
trampling upon its own laws and rrinci-
pies, it had better leave it alone. OF
course if Cannon's ineligibility can be SUBJ
stantiated the solution of the case will be
facilitated, and the Mormon question need
not cut any figure in it. And as Congress
will naturally seek the easiest course it is
probable that it will take this one if it can
do so. But however bad Cannon's claim
is, that of his opponent is manifestly far
worse, and therefore the most equitable
and generally satisfactory arrangement
mould ba 70 d.,clara that M oio,4:4.. L..