The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-01-18

her of wears. was not born in this coun-
| try. The elder claims that he was natural
ized in 1854, and when, a number of
wears ago, his seat in the House of Rep
Tesentatiyes was conlestsd on the ground
~ his alienage, the House awarded him
the sea-. Governor Murray has taken the
other view, and decided that Cannon is
not now and never has been a citiZsn OF
TIE United Ststes, and therefore is incl
ieible to the Office Of delegate 10 the
House of Representatives. He has, there
fore, refused to issue the certificate OF
election to him, and has Issued it TO his
competitor, MIR. A. G. Campbell.
Let it be remen bered-
l. That there is no contest as TO the
fairness of the election. 1t is admitted to
have been fair.
2. That there is 10 question as to the
right of the voters who cast their ballots
for Cannon to vote al an election for dele
gate. The voters had the right to vote.
They were citizens Of the United States
and duly qualified.
3. That the election was he'd on The
day fixed by law and in accordance with
law.
4. That George Q. Cannon received a
greater number of votes ri such election
than a. G. Campbell.
5. That the question of Mormon and
Gentle has no legitimate connection with
Governor Murray's action in this regard.
AS matter of Course, Cannon is we'll
known pillar in the Mormon church, and
Mr.. Campbell is a GENTLE. But Gov
.ernOr Murray did not base his refusal of
the certificate of election TO Mr.. Cannon
on the grourd Of his Mormonism or
alleged polygamy, but on the ground OF
his ineli6 Utility to the office, aDd he did
not grant the certificate TO DIR. Campbell
on the ground of his being Gentle, but
because in his view Of all the candidates
eligible for tie Office he received the
greatest number of votes. The governor
held that those who voted for Cannon
threw away their votes.
The question at issue is simply this, had
Governor Murray the power TO pass upon
the qualifications of delegate in Con-
gress7 II he has, then he was right in
refusing Mr.. Cannon the certificate if he
felt ssti.fed that Cannon was not citizen
OF the United States though the fact that
the House Of Represe rtaiives had decided
the question against the position claimed
by Cannon's opponents would have
warned an officer TO be cautious.
The statute d. clares that every terri
tory shall hSve the right to send a dele
gate to the House Of Representatives Of
the United Stat to serve during each
Congress, who stall be elected by the
voters in the territory qualified to elect
mem bers of the legislative assembly
thereof. The person haUing the greatest
number Of UOtes shGtt be declared by the
governor duly elected. and a certificate
shalt be giUeR dccOrdiHgiy." Does this
statute make the governor a returning
o4rd and give him power to declare a
person elected who has not received the
greatest number of votes? 1t would be
difficult 10 find suth 1rity for such pro-
ceeding outside Of an unequiyocsl statute.
1t might well be that the governor might
think that he had no power to issue
certificate of election 10 an alien, but
refusal of a Certificate 10 Cannon would
not warrant the granting OF q certificate
to Campbell. Ismpbell did not receive
the greatest number of votes, and hence
the Governor could rot declare him duly
elected snd give him the certificate ac-
cordingly as directed by the statute But
beyond all this, it Is very doubtful if the
Governor had any power under the stat
ute but 10 issue the certificate to the per-
sOlA wing az = AO1tNGs mum OA VI
votes, and leave the House of Representa-
tives to 4 eide the question as to his quail
flea ions.
Philadelphia Times, Jan. Il.
I he action of Governor Murray, of
Utsb, in rejecting all The votes cast for
the Mormon apostle, George Q. Cannon,
for delegate to Congress, and certifying
Mr.. A. g. Campbell as elected, has all !
the fiav5r of LauiSisnS or q Maine re |
turning board, and the new House should |
and decide the questi n with |
uncommon care. There can be no pos |
sIbie partisan intere,t involved in the |
di-puie, as delegates have no votes and |
are powerless IN Congress, and the House |
can afford to ba entirely honest 10 di=pos- |
ing of the contest.
at the late election in Utah f0r dele
gate to Congress Mr.. Cannon received a
very la &c majority of the votes polled, |
md it Is not questioned that the votes
we're legally cast by qualified electors;
Jut Mr.. Campbell appeared before Gov
.rnor Murray and demanded the certif
,ate for himself on the grounds that MIR.
cannon is not naturalized citizen and
h=t he Is polygamist. Mr.. Cannon
claimed 20 have been naturaliZed many
'ears ago but failed to present the con-
elusive record evidence of It that would
De require in judicial proceeding aud
.e admitted that he hal plural wives but
insisted that the anti-polygamy law did
lot make him ineligi bic, AS be had al
eEdy se-v"d many years in both repub
lean and democratic Houses without his
light having been questioned. He de-
nsndei at the Governor should certify
n vU, ~ cast, and leave 10 the House
ne drl.- ion of all complaints in regard
o his ability t. qualify
1t is ident that Governor Mu ray
las trAnscended his power in assuming
o reject a large majority of the legal
otes polleJ, on technical grounds which
an only b, properly decided by the
b u-ts OF the House. It is always dan
,erCus + r any public officer TO exercise
j. V other IN IN purely ministerial func-
ions in certifying The results of elections.
II territorial governor can seze upon
II issu- OF disputed naturalization, 10
iefeat The pOpu ar will, he can as well
eize upon any ether preteIt, and pre-
exits are never wanting wnen am hiti0n
eeks to r an election verdict. If Mr..
Jampbei had no appf al to a comUeteI
tribunal there might be some excuse for
joveraor Murray assuming judicial
az hearing the omplaini; but
ne Hou e is entirely competent to take
,ogniztnce and dispose Of Mr.. Camp
)ell's clam, and the Governor simply
attempted to hold an election himself to
everse tha will OF the people. when he
raw car TO the legal ttchnicalities pre-
ented by the defeated candidate.
But while territorial governor is not
IN. Owered II teach Congress how 10
egulzte It's own membe-sh p, the House
houl take cO:niz>nce of the issue and
ns'der and decide whether
N open p'ycamist, the special repre-
entativ4 Of a pGygsmic community, is ,
lgible seat in Congress. Tne set
led principle that the approval of the
eopl ty Al election, after the commits !
i'm o. an unlawful act, Urecludes the !
ismisSsl OF the member, does not apply !
J the case of Mr.. cannon. He is elected, !
OF bee uss his constituents condone his
niaSfui poiyRamy, but he is cleo ed I
)lely by pOlygamists, because he is a I
OILS gam st in faith and practice, and for
le purpose of maintaining the institution
polygamy in defiance of the national
wa. Whether Mr.. Cannon should be
1cluded Z ON the House because Of his 7
raclice Of polyg=m- is very grave :
.tion, and it should be decided IN &C
ordance with 3 well-considered policy
the government in treating with organ
ed pOlyg4mists. Thus far pnlygsmy !
as been liberated for many years in dis ?
gard of our laws. There is but one way !