The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-12-18
IN THE THIRD DISTRICT.
The Mandamus Cases Closed-Other Bust

ness.
When the Third district court open ed yester
day morning, Col. Merritt, opened the argument
for the defendants in the mandamuS cases
against the city registrars, followed by ex-Judge
Mcbride. MIR. kIwnus then closed for the
plaintiff. In the COURSE Of mis- Argument, Mr..
Rawlns sad: Il SIMPLY want TO present the
facts. The argument OF the opposing council
will no doubt show 10 yodr honor that there will
be ono opportunity ifor foglString all the appli-
cants during the last five days Of registration
because IL will be necessary to have Judicial
action in each case. We may estimate that
during the five days about fifteen persons could
be registered. The important case for your
honor 10 determine is whether these officers are
judges or not. They refused TO register any
person unknown or on the street. They go far
ther, the evidence here shows, so far as Mr.
Morris is concerned that he made no
regular canvass, but.waS as changeable as the
weather and refused TO state where he would
canvass next. If he had started out to avoid all
the voters he could, this would without doubt
have been the way he would have proceeded. 1t
shows concluslYely that IL was done Tor the pur-
pose of avoiding as many af possible, not afford
ing facilities but throwing distractions in the
way of registration and assuming that every
fynan is a scoundrel, as has been claimed by the
defense. 1t is better, as has been decided in
Engands parliament, TO permit few Illegal
!, votes than 10 keep one man who is entitled 10
Wore from so doing. registration officer must
to a certain extent exercise his judgment, ana
have never said that registration officer Is a
dummy or ''nickle in the SLOT business. II is
his duty TO examine INTO the case OF eacn VOIer
and if the man is ready 10 take tie oath, thai is
as far as he has a right to go, and the name must
be placed on the books. The EdmundSTucker
law prescribed an oath embodying all the points
emitting an elector to vote If II were neces-
sary 10 enquire into and pass on each case why
take the oathl Congress meant that this
should be all that was required even in
Utah. 1t meant that II man took
false oath he could be imprisoned. II was in
tended that the registrar should pass on each
case. AT the time Cumberland applied for
10. fNrrT lnrrD Il 10 had
never been convicted of any crime and was in
every case proper voter, but still he was re-
fused. Mr.. Backs residence was visited while
he was not at home, and being so unfortunate as
not 10 be acquaintance of the registrar he
could not be registered. In regard to certificates
OF naturalization il has been decided that they
shall be conclusive evidence of citizenship for
the reason that man may be naturallZed in
some distant state and a certificate is issued 10
him under the seal of the court IN order that IL
may not be necessary for him TO be called on TO
90 TO the record every time his citizenship is
called in question.
The registrars should be given to understand
that they have no right to discriminate
whether the voter be known or unknown. 1t
was the idea of Congress that when the election
was placed in the hands Of these honorable
gentlemen that the ballot should be elevated
and not degraded.
This cannot be the result if as has been shown
in these cases the officers go around stealthily
from house TO house and slip in the houses
without giving notice OF when they expect to
believe that we have the right to
issue these writs in order to prevent
discrimination against any class whatever. 1
$Gow not whether a sewer man has the right TO
{TOte or a coloniZer. if such there are. This is
Ynot question Of the qualification, but men who
have shown that they are qualified to vote
have been refused. II is Of the methods in
which the registration has been carried on that
we ask a decision. l care not whether the man
be Liberal or a Mormon, who is thus refused
il is the low way OF conducting the registration
that we object TO in this
This closed the case and the court announced
that a decision would be given in the case this
morning.
OTHER BUSINESS.
A C. Brixen VS.. Mrs. C. H. Spriggs: referred
to w. H. Dickson to try, determine and report.
Barney c. Harvey vs. F. Francher; judgment
as IT Iyed.
ii o. Young VS.. John Dinsmo re: motion Of
plaintiff to have case RENTED to the United
States commissioner at Park City, set for De-
cember 20.
Harry S. Krause VS.. Catherine Krause; decree
Of divorce.
S. F. Vance VS.. Southern California Insurance
company; cas3 finally argued and submitted