Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-08-20
THE PARK PROTEST.
Alleged Fraud in the Park City Pre-
cinct, but no Specific Charges.
No Evidence as Yet TO Show That Me-
Laughlin Is Not Entitled TO
His Seat.
And the Canvassing Board Declare the
ResnIr According to the Returns.

This morning at 10 o'clock the Commits
sion in conjunction with the regularly ap-
pointed Canvassing Board of the recent
election, met in the rooms of the Utah
Commission to complete the canvass OF
returns. Secretary Thomas announced
the body ready for business, and Chair
man Alexander Ramsey arose and an
nounced that the Board had reached the
county OF Summit, which would be pro-
ceeded with, and if there Vas anything
to be said let il be known
Judge Kirkpatrick, attorney for the
Peoples party, said: Gentlemen, L do
not know the exact process to be followed
in this matter of contest of the Park City
precinct election.
Mr.. w. w. Ritter suggested that the re-
turns be deferred for the present.
Mr.. John NJ. Young moved that the
Board proceed with the canvass of re-
turns from Summit county in regular
order, as done with other counties. Car
ried.
Mr.. Kirkpatrick-Mr Chairman and
Gentlemen of the Board: suppose the
proper time has arrived when the con-
test of the Peoples party should be pre-
scented. This Canvassing Board was ap-
pointed by the Commission, and some of
these men claim they have no jurisdic-
ton
Mr.. Godfrey-We canvass votes for the
members Of Council and House.
Mr.. Ramsey-It might now be said
that we canvass by direct authority OF the
Edmunds act and independently of other
boards.
Mr.. kirkpatrick stated that the people
OF Summit county ask that a time be
fixed within five days for an investigation
OF the county election returns by the
Board. 1t may be said that there is no
charge OF fraud made in this communi-
cation. But, gentlemen, ! don't think
this Janvassing Board will refuse to thor
oughly investigate this matter laid before
you by reliable persons. This subject is
interesting and very important, and we
would like an order issued for the ballot
boxes, lists and witnesses connected with
a lair investigation OF this general charge,
which | think is reasonable and just to
allow the people asking it.
Mr.. Mcbride, 1or the Liberal party, adj
dressed the Chair and Members OF the
Board and said: [ am hardly able to
instruct the Commission and this duly
authorized Board of what their duties are
to be in this matter, yet think appre
hend the obligations of the Commission
under the law existing in this Territory,
which believe will be carried out. By
the Edmunds Act the Board as it exists,
has the power to investigate the results
in question. There seems to be nothing
in the returns upon which this Board can
base an investigation unless it be the
eligibility of the parties elected.
Mr.. Eldredge-fIow would YOU investi-
gate the matter?
Mr.. McBride-There are provisions in
the Courts under the statutes for such an
outside the face of the re-
turns. / imagine that no grounds exist
for q protest OF fraud here | fail TO see
see that there is any discrimination or
evidence Of irregularity upon the face of
these returns to show that fraud has been
committed or that MIR. Mclaughlin is not
eligible to the office for which he received
the majority vote.
Mr.. Arthur Brown-Honorable Chair
man and Gentlemen of the Board: This is
Il wonderfully singular suggestion of Mr.
Kirkpatrick's that this board should 90
through with all the ballots cast in cleo
ton as requested by Mr. Eldredge. They
ask that you go over these poll
lists to see if there isn't some technicality
or shadow OF reason for new regulating
law. The inspectors of election are final
and continued judges of the same They
were appointed for the express purpose
to receive the ballots, place them in the
boxes and seal them up sacredly for 4
period OF time. This has been DONE
What is there to re-canvass this vote
for? There is no reason for such
work and not shadow of fraud
exists to warrant such procedure. Why
did not the prOteSters charge one case of
fraud even in the complaint, as a ground
work for such an investigation? If Mr..
Eldredge or any proper person will cor
rectly file a contest and try it from cause
before a tribunal, the Commission, Courts
or Legislature, some shadow of charge
may be presented.
Mr. kirkpatrick - This controversy
seems to be resolving itself into the ques-
ton, whether or not we can 90 behind
the returns. The people Of an election
must not take the returns of such without
any power to investigate charge of
fraud. Here the statutes were read Civ |
ing power to ascertain fraud in elections. |
Is this the Canvassing Board referred to |
and are you powerless to canvass the re-
turns OF an election and throw out the |
votes charged in a protest? |
In Utah man holds an office by power |
If his certificate only which comes from |
his Board of Commissioners. Gentle !
men, say to you that here is an i'm
Oortant charge against the election in
)ne of the most prominent counties of |
he Territory, and it should be investi-
rated by the Commission behind the Re-
urning Board.
Chairman Ramsey-In order that this
natter may be henceforth understood we
would say that the ballot boxes have been
'rdered retained. That sealed ballot box
S sacred and neither this Board nor any
,ody short of the County Court, first met,
has any right to open it in such a cause.
he foundation for an investigation must
,e shown upon the face of the returns.
his provision of the Edmunds law is
mple to protect the rights of all. The
legislative body have authority TO in
estigate charge OF fraud in elections.
Mr.. w. w. Ritter asked that Mr. Alma
,ldredge make statement of his
thoughts in the matter, which the gentle
nan did, as follows:
In commencing, l wish TO say in re-
ard to the Chairman of this Board that !
here some misunderstanding pertain
* to the putting OF Summit county into ]
recincts | presume you remember a J
ear ago we asked the segregation of the
ounty, and you replied that in case of {
ny question of invalid votes you would
i've it your personal attention. We felt
that your honorable body meant ]
othing but honesty, and that you would
i've all frauds your promised attention
ow We come before you with our re- /
lests for an investigation of the fraudu-
mt votes complained of. This is all | c