The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-06-17
rEz UTAH cOxKIss1ou.

and receive a large salary. but be
cause they are the custodians of 81
much Of our theory of government
as yet resides in the people of Utat
u Territory. The HERALD has al
along avoided and it now avoids
Saying anything of nature con-
trary to the harmonious working OF
the election machinery as it is,
Withholding regrets as to any de-
fects, however apparenC, that it is
not what it ought to be, so far as
the agents Of the government are
concerned. We have all along
taken the ground that the Com.
mission were invested with
an important duty, one whose
mete5 and bounds could not
be defined Withinsthe narrow limits
of a newspaper article, and have
therefore been disposed to grant a
great deal that seemed for the Oc-
cssion to be ill-timed and out of
place, because, by the very magni-
tude Of the task imposed upon the
Commissioners when the same was
fully and adequately performed, er-
r0rs were natural and differences
of opinion Inevitable. But there
must be limit to indulgence when
arrogance and assumption appear
as the result Of forbarance; and TO
withhold criticism in relation to
manifestly improper acts, would be
servility if nothing worse. With
the fact of duty well and properly
performed confronting even an op.
pOnent, there is but little ground
upon which to stand when antay-
OniSm is resOrted to; but with we'll
defined duties and plainly prescribed
privileges Enthusiastically outlined and
easily understood by rational minds,
transcribed, set aside and disre.
garded, no one having the welfare
of his race, his country or his PEG.
pie at heart should find federation
in his mind, forbearanee in his ut
terances, or timidity in his actions.
Let it be asked here and now
what late edition of the statutes
made our election comptrollers a
court, or anything nearly or re-
resembling a courts Their
very existence as body is not i'm
pliedly but actually a special crea-
ton for special emergency, the
passing, the existence
ending. What they have to do,
their creators say in no uncertain |
terms, as follows:
SEC. 9.-That al the registration and
election Offices of every description
in the Territory OF Utah are hereby de-
clared vacant, and each and every duty
relating to the registration of voters, the
conduct Of elections, the receiving or re-
lection Of votes, and the canvassing and
returning of the same, and the issuing
Of certificates or other evidence OF cleo
lion in said territory, shall, until other
provision be made by the Legislative
Assembly of ssid Territory as ia herein
after By this section provided, be per
formed under the existing laws of the
United States and of said territory By
proper persons, who shall be appointed
30 execute such Offices and perform such
duties by board Of i've persoss, to be
appointed by the President, By and with
The advise and consent of the
of whom shall be members of
one political party, q majority of whom
shall be q quorum. The members of
said board SO appointed by Tie President
shall each recsive salary at the rate oil
8, uOO per nnnum, and shall continue in
otnce until the Legislative Assembly of
said Territory shall make provisions for
lliIng said offices as herein authorized.
me Secretary of the Territory shall be
he secretary OF said board, and keep q
ournsl OF It's proceedings, and attest the
action OF said board under this section,
Inc Canvass and return OF all the vote
1t elections ia said Territory for mem
oers OF the Legislative Assembly thereof
mall also be returned to said bosrd, which
'hail canvass all such returns and issue
certificates of election to those persons
Eho, being eligible for such election.
hall appear to have bean lawfully cleo
ed, which certiicstes shall be the only
evidence Of the right of such persons to
1t IN such Assembly, provided said
BOARD OF five persons shall not exclude
ny persons Otherwise eligible TO vote
rom the polls, on account Of any opin
on such person may entertain on the |
ubJecs OF bIgamy or pOlygany; nor shall
hey refuse 10 count any such vote on
ccount Of the opinion of the person cast.
% it on the subject Of bigamy or polyg-
my.
There is certainly, in all this
authorizing the Commission
0 act as a Judicial body, for the
territorial Constitution, generally
nOwn as the Organic Act Ito which
be law creating the Commission
efers and nowhere in any particu-
sr repeals) says the judicial power
f the Territory shall be vested in a
apreme court, district courts, pro-
ate courts and in justices of the
caro- 0DIy fhis opd potbipcr y,,Oro ,