The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-04-19

HdmeS eIdSeQ lnereirOIn, anu Lne
5 may thereupon have their names regis
, tered in the precinct to which the
7 may remove.
2 ssSEC.7. The clerk of the count
: court shall file and carefully preserv
, all said atfidavits and registry lists, ant
] shall make copy of each precinc
2 registry list, and cause the same to b.
: posted up at least fifteen days befor
2 any election, at or near the place o.
r election, and shall make and TRANSMIT
t another copy to the judges of election
'sSEC. s. The clerk of the count,
court shall cause to be printed or writ
ten a notice, which shall designate The
offices to be filed, and stating that the
election will commence at, Ldesig.
mating the place for holding the polls,-
one hour after sunrise, and continue
!, until sunset on the-day Of, Is
manning the day of election Dated a
"A. ID. IS CLERK oJitht
County Court. 3D.
ga copy of which shall be posted W
at least fifteen days before the election
in three public places in said precinct
best calculated to give notice to all the
voters. 1t shall also be the duty of the
clerk of the county court to, give notice
on the lists SO posted that the senior
justices of the peace for said precinct
will hear objections to the right to vote
OF any person registered until sunset
OF the fifth day preceding the day OF
election. Said objections shall be
made byAa qualified voter, in writing,
4 and delivered to said justice, who shall
\ objected to, Stating the place, day, and
hour when the objection will be heard,
The person making the objection shall
serve, or cause to be served, said
notice upon the person objected to,
and shall also make returns of such
service to the justice before whom the
objection shall be heard. Upon the
hearing of the case, if said justice shall
find that the person objected to is not
a qualified voter, he shall, within three
days prior to the election, transmit a
certified list of the names of all such
unqualified persons to the judges OF
election, and said judges shall strike
such names from the registry list be-
fore the opening of the polls.
"SEC. 9. The county court shall, at
its first session in June of each year,
appoint three capable and discreet
persons in each precinct in the county,
one at least of whom shall be of the
political party that was in the minor
| ity at the last previous election, if any
such party there be in such precinct,
to act as judges of general and special
elections; and they shall designate one
of the persons appointed to preside,
and the other two to act as clerks OF
said elections. And the clerk of said
court shall make out certificates of
SAID appointments, and transmit the
same by mail or other safe conveyance
to the persons so appointed, who,pre-
yious to entering upon said Office, shall
take and subscribe an oath to the effect
that they will well and faithfully per-
form all the duties thereof to the best of
their ability, and that they will studi-
OuSly endeavOr to prevent any fraud,
deceit, or abuse at any election over
cinct, any of such judges decline to
serve or fail to appear, the voters of
said precinct, first assembled on the
day of election, to the number of six,
at or Immediately after the time deSig-
mated for opening the polls, may elect
judge or judges to ill the vacancy,
and the persons SO elected shall qualify
as hereinbefore provided"
Sections 10 and II prescribe how bal
lot-boXes, keys, etc, shall be procured,
and provide for envelopes and ballots,
and for keeping the boxes during the
voting and until the canvass; and sec
ton u provides how the judges shall
keep the lists, etc.
''SEC. 10. Every voter shall designate
on single ballot, written or printed,
the name of tile person or persons
voted for, with pertinent designation
of the Office to be filed, and when any
question is to be decided in the affirm
alive or negative, he shall state the pro-
position at the bottom of the ballot,
and write Hereunder yes or no, as he
may desire to vote thereon, which bal
lot shall be neatly folded and placed in
one of the envelopes hereinbefOre pro-
vided for, and delivered to the preSid-
ing Judge of election, who shall, in the
presence of the voter, on the name of
the proposed voter being found on the |
registry list, and on all challenges to |
such vote being decided in favor of |
such voter, deposit it in the ballot-box, |
any mark whatever being |
placed on such envelope; otherwise the |
ballot shall be rejected"
The remainder of the act relates to |
the canvass, returns, and certificates |
Of election.
March 23d, 1851
Mr.. Justice MATTHEW'S, after making |
the foregoing statement, delivered |
the opinion of the Court.
These cases, although actions at law,
we're not tried by jury; and, therefore,
are rightly brought here by appeal, &C
cording to the provision of the act of |
Congress of April Z, 1874, IS Stat. pit 8,
D. 81; Supplement Rev. Stats. -.
Striadtelloao " Cain, so u. S. go; Hecht
=. BOltghtOn, 105 U. s. 235; ROOT V.
los q. S. 10.
The wrong complained of in each
case by the respective plaintiffs is, that
he defendants, and each of them, in
ended to wrongfully deprive the plain
Tiff of the elective franchise in said
Territory, wilfully and maliciously, by
,he acts and in the manner aforesaid,
'efused the plaintiff registration, as
Yoter, at the said registration COM
nenced on the second Monday of Sep
eInber, 1882, and deprived the plain
;iff of the right to vote at the election
leld in said Territory on the 18th day of
November, 1882, and at all elections
lnder said registration"
The acts which, it is alleged, were
lone by the five defendants, as Board
If Commissioners or Canvassers, IN
Ter the law of March %, 1882, and which
contributed to the wrong, and cOnsti-
uted part of it, are that they prescribed
&c q condition Of REGISTRATION an nm