The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-01-08
Reply of Hon. George Q. Cannon to
a. G. Campbell'S Protest.
In Which the UnderpinniDg is
Knocked From the Ambitious
Friscoite.
Solid Facts and Insurmountable
Law for ths Executive Con-
slderat1On and Guidance.
The Certificate Must be Given to
Mr. Cannon.

80 "a VIZ LOAAAhOIg VI OI1D III Tie
Forty-seventh Congress OF the United
States, and demands the issue of the
certificate to himself, l respectfully
submit the following statement:
The grounds on which Mr.. Camp
bell bases his protest and demand
are:
~ That as cauVassiDg officers the
Governor and Secretary have power
to Ego behind the returns," and
ascertain from extrineic evidence the
number OF votes legally cast for each
candidate.
~ That there is no evidence tend
ing to dispTove his qualifications for
the Office of delegate to Congress.
~ That there is no evidence tend
ing to disprove the qualifications OF
the 1 1857 electors who voted for him.
(4) That l am an unnaturslized
alien.
(5) That, being such, I am not
eligible to the Office of delegate in
Congress, and that my ineligibility
resulting from alienage is aggravated
by polygsmy which be thinks is in
compatible with citizenship and in
consistent with an honest cath OF
allegiance to the Constitution OF the
United States.
(6) That all of the Is, 56S votes cast
for me az the late election are there
fore void and are to be excluded from
the canvass.
~ That as a consequence the Ger.
tifcste of election is to be delivered
by the canvsssers to him, and not to
me.
(S) That the iemales in the terri
tory who claimed the right to vote
outnumbered all the votes polled at
the late election.
(9) That it unjust be taken for
granted" that all votes cast By females
were cast for me.
10y That tie territorial legislation
which extends tie right of suffrage TO
females is void.
(11) That it is therefore impossible
to determine, without proof, that the
Is, 56S votes cast for me included
more legal votes than the ], 1857 votes
cast for him.
(12) That the votes of the females
have Initiated the election"
With your excellency's permission
l will answer these several PROPOSE.
tiens in their order.
l. The process of reasoning by
which Mr.. Campbell reaches the con-
clrsion that the Governor and Secre-
tsry, as osnvassing officers, have
power to Ego behind the RETURNS"
and to ascertain from extrinsio proofs
the number of votes cast for each
candidate is first to be considered.
He refers to the following provisions
Of the Compiled Laws of Utah:
(2s) Immediately upon receiving the
electoral returns Of any precinct, the
county clerk and probate judge, or, in his
absence, one of the seleclmen, shall du-
eal the list and ballot box, and count
md compare the votes with the names
N the let, and make brief abstract of
"e Offices and names voted fJr, and the
lumber of votes each person received:
he ballot box shall then be returned and
he votes snd list preserved for reference
n case the election Of any person shall
De conte>ted.
ga When all the returns and alb
tracts are made the clerk shall forthwith
nEke general abstract and post it up in
lis Office, and forward to the Secretary of
he Territ 'ry a certified copy of the
names of the persons voted for, and the
lumber of votes each has received for
errItorial Offices, and furnish each person
lavirg the highest number of votes Cor
'oul ty and precinct offices a certificate of
lis election.
(25l so soon as all the returns are re-
eiyed, the Secretary, in the presence Of
be Governor, shall unseal and examine |
hem, and furnish to each person having |
b. highest number of votes for any. ter |
itorial Office certificate of election.
He thinks that because these statu-
DRY provisions DO not, in express
erms, require the cAnvassers to give |
he certificate to the person shown
~ the returns TO have the highest
lumber Of legal votes. they by i'm
,llcauon do require them to give
t to the person who, whatever the
eturns may show, did in fact receive
he highest number of legal votes;
bat this duty necessarily implies the
'ower to employ suitable means to
'scertain who received the highest
lumber Of legal votes; and that.
therefore,, the Governor and Secretary,
IS canvassers. have the right to resort
o CItrsneous evidence 10 ascertain
he real facts in this case. He seeks
0 fortify his conclusion by the
blowing citation from page 50 of
Cushing's Law and Practice OF
Assemblies":
There can be no doubt that in those
ranches wherein the law has marked
1T definite line it is ministerial: but
regards the two material branches of
saiding upon the capacity or incapacity
candida e., or upon the qualifications
disqualihcations of electors, the subject '
quires soma investigation; but if the {
turning officer be fully apprised of
me notorious disqualification, whether
candidate or of an elector, such as
cir being minors or claiming IN the
p
title them to the privilege, he is so far Z
judicial officer as TO prevent their voting :
being returned. In judicial decisions :
this country, when the point is ad-
rted to, it seems 10 be considered thst :
e functions OF returning officers are |
iefy judicial in their character. :
1 respectfully submit that each and t
cry step in this reasoning is :
roneous, and that the conclusion
ached is absolutely destitute OF
arrAnt IN law. The provisions of {
csions %, 81, and % OF the statutes I
Utah confer upon the Governor '
d Secretary, as canvassing officers,
judicial power to Ego behind the {,
.urns" for the purpose of ascertain Il
? the number of votes cast for any p
1t is made their duty to g
certain whom the returns show to y
We received the highest number Of n
les, and to give the certificate to q
n. The only Judicial or quasi d
licisl power vested in them is to t
.ermine whether the papers before II
I'm purporling TO be returns are !,
urns made in substantial con- =
nifty to the Law. If they decide y,
It the papers are such returns, they tt
lst embrace their showing in the
icial canvass. If they decide that T.
y are not such returns, they must y,
,lude them from the canvass. ~
The precinct judges OF elections in r
5 Territory make no returns beyond ~ ~
mere transmission to the county So
TX of the sealed ballot-box and list til
electors. They are not precinct m
,vassars Thav do mot retnyn In foI