The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-06
THE DEBATE.
Continuation of, the Cannon
Campbell Contest in the
House.
BeIIzhOOvel's Argument.
CONTINUED from Fridays DAily.)

CONTINUED from Fridays DAily.)
Wednesday, April 19ih.
Mr.. Beltzhoover-Mr. Speaker, this
important contest is fortunately free fIom
all partisan considerations, and will.
therefore, be determined upon its merits
and the plain principles of right. The
election out Of which it arises vas held
on November 2, 1880, for the choice of 3
delegate from the Territory of Utah
The returns, which we're duly filed With
the secretary OF the territory, were opened
and nvassed By him in the presence OF
the governor Of the territory on December
IA, 1880. The canvass OF the votes
which was concluded on January s, 1881
showed that George 0. Cannon received
IL, 56S votes, and Allen G.. Campbell re-
ceived 1857 votes. The Law provides
that the person having the highest
number of votes shall be declared By the
governor to be elected. The governor,
however, in the mistaken belief that be
had the right TO 60 behind the returns,
heard evidence and arguments to show
that Mr.. Cannon was an alien and
polygsmist, and on these grounds, finding
them, as he believed, sustained, declared
Mr.. Cannon ineligible and disqualified TO
serve as Q delegate. The governor further
decided, Under an erroneous view of the
law, thHt Mr.. Cannon being ineligible.
the votes cast for him were void, and
Ar. Campbell, being q citizen and
eligible, and having received the next
highest number Of votes, was elected.
The governor accordingly gave Mr..
Campbell Q certificate of election, and
fled among the records Of the territory,
in the Office of the secretary thereof, an
elaborate opinion containing q full state
nnent of the facts. The secretary Of the
tarritory, on January 10, 1881, gave Mr..
Cannon g certified copy of the opinion
and declaration Of the governor, and
also, on January 20, 1881, gave him o
certified abstract of all the returns.
Mr.. Cannon notified Mr.. Campbell, en-
February 4, 1881, that he would contest
his seat on the ground that he. Cannon,
he'd received large msjority of the votes
cast. On February a, 1881, Mr.. Camp.
bell replied to Mr.. Cannon's notice that
he was not elected, snd if elected, was
disqualified by reason of his alienage and
No testimony was taken by
Mr.. Cannon in support of his notice
during the time allowed to him by lsw,
but on May 9, 1881, and subsequently
thereto, testimony was taken by Mr.. |
Campbell TO show that Mr.. Cannon was
q polygamist and an unnaturalized alien, |
and by Mr.. Cannon, in reply, to show
his citizenship.
The certificates held by Mr. Cannon /
and Mr.. Campbell, and oil the papers |
and testimony in the case, were placed in |
the custody ofthe clerk of the Forty-sixth
Congress, and by him were handed over |
to his successor at the organization Of the |
FoFty-seYenth Congress.
When the Forty-seYenth Congress was
and the delegates from the ter
ritOries were called to be sworn, objection !
was made both to Mr.. Campbell aud
Mr.. Cannon, and neither was admitted. |
After full discussion of the question as
to which of the two gentlemen had the
pTi0eG faeie right to the seat, it was re-
solved by the House on January Is,
1882
That the papers in relation to The right
to seat as as delegate from the Terri.
tory of Utah be referred to the committee
on elections, with instructions to report,
1t as early day as practicable as to the
OTlnaG fGcie right or the final right Of the
to The seat, as the committee
shall deem proper.
This resolution clearly made the case
; special one and took it out of the reg
1lar order under which cases go to the |
committee on election under the law and |
.he standing rule OF the House. Both |
he pTiDlG Tdcie and.the final rights were
argued by the parties before the commit. |
Zee, but it would not be proper to pro-
ong the contest by dividing and report
ng on the pTin1G fdcie title when the
committee are ready to pass upon the
inal right and thereby dispose of the
,ase.
WERE THE CERTIFIED RETURNS RYI-
DENCE?
The first question which was presented
or the determination Of the com mittee
yes: Are the certified copies OF the re-
urns OF the election from all counties in
be territory egidence2
During the thirty days allowed Mr..
cannon uLder the law for taking testi-
nony in support Of his notice of contest
e declined to take any testimony, but
ttached to his notice copies of eli the
eturns of election frem ali the counties
D the territory filed in the office of the
ecretary of the territory, uuder the seal
{ said Office. He also subsequently,.
fter the time had expired for taking tes.
ImOn. by him in chief, fled with the
Jerk of the house certified copies of the
anne returns, and they are now printed
4 the Record and are before the COM
aittee as part Of the papers in the case.
The counsel for Mr.. Campbell, the
objected to these copies, and
topped on the threshold Of the argument
etore the committee, and asked to have
be contest dismissed for the reason that
lr. Csnnsn had not offered anv com.
etent testimony to sustain bis case. I
m OF the opinion that these certified
opies are evidence, for several reaso. 5
First. The returns are made to and
led with the secretary Of the territory, ,
conformity to law, and as 8 part of the ,
scOrds OF his Office. They are compiled
= the clerks Of the several counties
ON the precinct returns, and ara sent
} the secretary of the TERRITORY underl
le provisions OF well guarded election ,
W. They sre' therefore, records Of the
office, upon which the import.
ut rights Of the, people to representation
epend and can be certified tor the pur-
oees OF evidence as any other record.
Second. The election was held. the
InVass was made, the result declared.
Id the certificates Issued, under sectiopsI
and % Of the territorial set ~ 1873
Id section 1862 Of the Revised Steintos
the United States. This i Herv {
early recognized by the governor ali
rough his opinion, and in tbo oort;f