The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-01-08

have been, by the greatest number o
votes, duly elected 10 such offices, anC
make and subscribe on such statement &
certificate of such determination, snd de
liver the same to the secretary OF state.
| Under this statutory provision thC
supreme court OF the state, in the
case OF The People as. Van Oleve, !
Mich, $50. said:
In g republican government, where the
exercise of official power Is but deriVa.
tive from the people through the medium
of the ballot, it would be g monstrou:
doctrine that would subject the public
will and the public voice thus expressed
to be defeated By either the ignorance OF
the corruption of board of canvassers
The duties of these boards are simply
ministerial. Their whole duty consist.
in ascertaining who are elected, and il
preserving the evidences Of such election.
It is provided on page " of the
Revised Statutes OF Maine for 1841 a:
follows:
The returns from each town and plan
tation shall be delivered into the office OF
the clerk Of the county commissioners on
or before the first day OF the meeting OF
said commissioners next after the said
month of September, to be by them
opened and compared with the like re-
turns from the several towns and planta-
tons in such county or registry district,
and the person having q majority of the
votes shall De declared registrar of deeds
for said county or registry district.
The supreme court OF Maine, in
Bacon rs. York County Commission
eEs. 26 Me-, 498, case which arose
under this statue, held:
The canvsssers had no power to go be-
Yond the returns of the selectmen and
town clerks, and receive other evidence,
and determine therefrom that the town
meeting was not properly called, and for
that cause reject the votes of that town.
Ia O'Farrall rs. Colby. 2 Minn.,
1856, q case decided under similar
statutory provisions, the court held:
We cannot therefore, resist The con-
clusion that the duties of the clerk of the
board of supervisors in receiving and
opening election returns, in canvassing
and estimating the votes, and in giving
cert fcstes of election, are purely minis
terial, and that no judicial or discretion
airy powers are confer ed upon him or the
board Of canvassers, except, perhaps, SO
far as to determine whittier the returns
are spurious or genuine, or polled at es-
tablished precincts, and in ascertainiug
from the returns themselves for whom
the votes were intended.
The supreme court OF Indiana, IN.
der a similar statute, in the case of
Brewer Us. 0'Brien. 2 Carter, lind. J
40. held:
With regard to this point, it may be
observed that the duties of both the board
Of canv4ssers and the CLERK in making
the statement are purely ministerial. II
Is not within their province to consider
any questions relating to the validity OF
the election held or of the votes received
by the parties voted for. They are sim
ply to cast up the votes given for each
person, from the proper election .docu-
ments, and To declare the persons who,
upon the face of these documents, appear
10 have received the highest number of
votes given, duly elec.ed to the offices
voted for.
The paragraph quoted from Mr..
Cushlng's WORK shows upon its face
that the returning officer, who is said
to be $50 Ear e judicial officer, as to
prevent their UOtiny or being re-
turned" is judge OF the election as
well as a returning officer. If Mr..
Cushing refers to mere csnvassers, bic
statement, that in the judicial deci
SONS of this country their functions
are held to be chiefly judicial, is an
inexcusable biunder.
2 Mr.. Campoeil's next PROPOSE
ton is. that there is no evidence
tending to impeach his qualifications
for the Office OF delegate in Congress.
That the returns present N sucn evi
dence, is probable; and If the returns
on their face disclose nothing to i'm
peach his qualifications, it is quite
lmmeterial to inquire now whether
Mr.. Campbell is or is not eligible 10
he office which he seeks. The House
OF Representative is the only tribunal
empowered TO adiudicate that qles-
ton. If the Governor and Secretary
find, from the returns, that he Is
elected, they must award the certifi
cate to lin, whatever proofs outside
# the returns may or may not be
sttalDable to impeGch his eligibility
before the House OF Representatives.
Such proofs cannot be used in this
canvass.
3. The same answer ia to be made
to the assertion tlst there is no evil
ience tending TO impeach the quail |
ficstions of the 1857 electors who |
voted for Mr.. Campbell. Whatever
evidence may exist on this point out
side of the returns, it cannot be con
sidere1 by the Governor or Secretary
IN THE proceeding; It Can only be con-
Iidered By the House OF Representa-.
ives of the United States.
4. Mr.. Campbeli's next assertion
3 tina; l am an unnaturalized for
slgner. This presents question OF
act upon which the retsrns to be
,anvassed by the Governor and Score
airy probably furnish no evidence be-
'Ond the presumption, to be drawn
rom those returns, that the electors
their duty according to
aw, and, therefore, that toe candi
Iates Tor whom they voted have all
ne legal qualifications tor office
whatever they may b.. II there be !
ny proofs attainsble tending to over
brow this presumption and ID show
hat am an unnstural'zsd foreigner. &
nd therefore destitute Of the neces- |
AIRY qualification OF citizenship, it is G
bviously incompetent for the can a
assiag board to 20 behind the returns c
I'd consider such proofs The only Z
which has power t, do go in c
Dis case is the House OF Representa- d
YES OF the United States i
Toe difference between the duties il
I the precinct election Off :ers and Il
nose OF the canvasssrs is very great
he precinct election officers are 3
Id ges OF election. In the first in I
ance it devolves upon them to Judge p
the qualifications of electors, In ii
to the provisions OF o
~ regulating their dutie7; but it e,
ever devolves upon any csGvssser to a
dge OF the qualifications of electors st
Mess by virtue of express-and. / E
i'll add, most extraordinary and oil
lngeIous-statuiory provisions, Onlg 2;
a few exceptional cases have any Z
CD indeiensible provisions bsen @
ade by statute in the United States. G
The House of Representatives ia. B
the Constitution, made the Judge JIG
the election, returns, and quahfi Js
t;o,a ~ 10 r,-,o haro TIKI q '