The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-02-09
TO THE COURTS.
There is Where George Q. Cannon
Has Gone for Justice and His
Rights.
Acting Governor Thomas Must Elk
plain to Chief Justics Hunter
Why he Will not Certify
to the Notorious Fact
That George @ Cannon was Duly
Elected a Delegate TO Congress
on November 2, 1880.

Ii tie Third District Court, Cd
tuesday afternoon, was fled the fol
lowing petition of George Q Cannon
for writ of mandanus commanding
Acting Governor Thomas to declare
the petitioner the duly elected dele
gate to the Forty-seventh Congress.
IN accordance with the returns from
the late election, and the mandatory
law in the premises. Mr.. Cannon
bases bis petition upon the ground
that the lawful declaration Of the re-
suit of the late election, and the
proper certificatiou oil the fact, have
not yet been made; that the statutes
require the issuance of the certificate
to the person having the hlghesI
number OF votes; that be is such per
son, as shown by the returns. but
that both Governor Murray and Act
ing Governor Thomas have refused to
give him the certificate, though they
we're asked to do 80. By inference
he holds the certificate given to Allen
q. Campbell az void and of non
eject, being an illegal document, not
having been issued in accordance
With the Law to the person for whom
the greatest number of votes were
cast. Arthur Brown, ESQ.,, appears
4s Mr.. Osnnon's attorney. 1t will be
seen below that Chief Justice Hunter
issued an alternative writ, returnsble
next Monday, requiring Governor
Thomas to issue the certificate to Mr..
Cannon. or show cause for his re-
fussl. Copies of all the papers filed
appear below in their order:
PETITION FOR MANDAAUs.
The District Court ofthe Third Jude al
District Of Utah, SAT- Lake County.
The People of Utah Territory
eT rel
George Q. Cannon
Us.
Arthur l.. Thomas,
Acting Governor OF Utah.
Your petitioner, George @. Cannon,
respectfully shows that he Is a resident
of Utah, over twenty five years of age;
that he ha, been delegate from the said
Territory of Utah 10 the Forty-third,
Forty-tourth and Forty-fifth Congresses
and is now delegate to the Forty sixth
Congress.
That be was on the 2nd day of n ovem-
Der, 1880, entitled ard qualified to receive
the votes of his fellow citizens of Utah
Territory, and in case of receiving the
greatest number of votes, to be declared
Oy the Governor elected to the Office OF
delegate to Congress from said territory,
in pursuance OF Section 1862 of the Com
piled Laws Of the United States.
That on the day last aforesaid, Tuesday,
November I'd, 1880, an election WAS held
in the various precincts and counties OF
laid territory for the Office of delegate to
the House of Representatives for the
FOrty-seventh Congress; that st such
election total of IS, 933 votes we're cast
for that Cfice, of which your petitioner
received Is, sos; Allen @. Campbell 357;
E. ID. Mckim 3; John 4. Mcbride j;
Robert Williams !; Willis Clark l; Isaac
Harrison l; and Joseph S. RSwlins i;
thus giving your petitioner the greatest
number of the votes cast; that returns
were made prior to January Sth, 1881,
from the proper officers of the various
counties to the Secretary ofthe said Terri
tory, showing the vote aforesaid; that the
respondent Arthur L. Thomas was such
Secretary. That on the Sth day Of Jan
uary, 1881, your petitioner, by his
agents, demanded Of Eli d. Murray,
Governor of Utah, that he declare your
petitioner elected to said office of delegate
ID Congress from Utah, which said Gov
ernor refused to do, as petitioner alleges
on information and belief
That on the Slh day of January, 1881,
Eli II. Murray, Governor of Utah, de-
parted from that territory, has not yet re-
turned, and that Arthur l.. Thomas, the
became the Acting Governor
OF the Territory; that on day of JAN
uRry, 1881, petitioner, by his agents, de-
manded of said Arthur L. Thomas that
he declare your petitioner elected to said
Office of delegate to the House of Repre-
sentAtives for the Forty-seventh Con-
gress of the United States, and issue to
your petitioner the usual certificate of
which said Arthur L. Thomas
refused and still refuses to do, rs your
petitioner alleges on information and be-
lief.
Your petitioner prsys that the writ of
msy issue out of and under
the seal of this court, commanding said
Arthur L.. Thomas, Acting Governor Of
Utah, to declare your petitioner elected
to the Office of delegate to the House of
of the Forty-seventh
Congress of the United States, and to
ssue his certificate of election therefor TO
your petitioner.
Your petitioner prsys for such further
relief Rs may be proper.
GEO @. CANNON.
ARTHUR BROWN,
Attorney for Petitioner.