Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-03-15
EXECUTIVE OFFICE,
SALT LAKE CITY, Utah,
March IL lGQn

Sir-I return disapproved c. F.
No. 81, entitled, "An act prescrib-
ing the qualifications for electors
and office-holders, providing for the
registration OF voters, and regulat-
ing the manner Of conducting cleo
| tions.o
1he act is intended to go into ef-
feet upon the approval by Congress.
70 supply the legislation referred TO
In Congressional acts, and supersede
the Utah Commission. Ii purports
TO cover the subject Of the qualisica-
tons of voters and office-holders,
the registration Of voters, the con-
duct Of elections, and the can
vass and return OF the votes, and
to supersede the existing laws OF
this Territory relating to those sub
jects. An act Of this kind, and cover
ing subjects OF such importance,
should be carefully drawn and be
quite full and specific in its pro-
visions, especially as the special ap-
prevail Of Congress might create a
doubt whether il could be amenable
without the express approval OF
that body. The act is not sufficient
~ clear and full in its provisions to
meet such requirements. 1t pro-
vides for general election in No
vember ''for choosing all officers not
otherwise provided for" Ii affirm
atively provides for the election Of
delegates to Congress, and members
of the Legislative Assembly, and
for some cases OF vacancy, and 10
that extent would supersede any ex-
isting law. All officers are '.pro-
vided for'' in existing law and
except ~ named do not come with
in the category mot otherwise pro-
vided for" unless by virtue Of the
repeating clause which is very
careful in its terms. 1t reads Us
follows:
''Sec. IS. The provisions of ali
acts aud parts Of acts superseded by
or in conflict with any Of the pro-
visions Of this act are hereby re
pealed." How far existing laws in
respect to officers provided for other
wise are superseded, AMI TO what
extent laws existing are in conflict
with this act is matter OF construc-
ton; and though the construction
may be to give full effect to the act,
the act itself should clearly cover
the case. The act would not super
sede or repeal any provisions Of the
existing law not embraced in il or
covered 10y its provisions. The
incorporated cities and towns of the
Territory include a considerable part
Of the entire population, and they
are increasing in population faster
than the districts not included with
in them. Their elections are I'M
portant, and any general act ap-
proved by Congress should include
provisions for such elections. The
act makes no provision for city cleo
tons, unless in section IL, which
provides:
"All elections, except school cleo
tons, shall be held, conducted, and
returns thereof made as in this act
provided
This either includes city elections,
or il does not so include them. If il
includes them, the act makes no
provision for city registration, for
conducting the city election or can
wasting or returning the votes.
The registration provided for
Though 1t includes city precincts
for the purposes OF the general cleo
tom is made 10y and under APP
pointees Of the county court and It's
officers; the appointment Of regis
tration officers, boards Of review,
judges Of election, canvassers and
the division of precincts, etc, are
all the county machinery. This
will not do for city elections, yet
what would be the construction Of
Section IL, if approved by Congress?
II Section IL does not reach the case
Of city elections, then such elections
must be held under the old law of
1878, which is not superseded or re-
pealed. That act (Sec. 2j2, Com
piled Laws Of lsSs) provides: Gall
municipal elections shall he held
and conducted, and the returns anu
canvass Of votes thereof made sub
stantially in accordance with the
provisions of this act, and il shall
be the duty OF the city councils Of
their respective cities to provide for
appointment or election OF all OIL
GERS necessary, and to furnish ali
necessary appliances for the carry
ing out of the provisions Of this
section, and 10 aid them therein the
CLERK of the county court, on the
demand of the Recorder of any
municipal corporation, shall, on
payment of the proper fees, furnish
a certified copy Of the registry list
Of voters Of any precinct, or part
thereof, within any such munich
pality-"
a law for the approval Of Con-
grcss cannot be complete or adequate
If 1t makes no provision for NUM-
cipal elections, and leaves them to
/ be held under the act of ISIS. That
law contains the old registration
oath, the old provisions for the
qualification Of voters and office
holders, aud provisions for registra-
ton and the conduct OF elections
\ quite different from those Of the
proposed act. do not doubt that
| the acts Of Congress modify the old
aw as to the qualification Of voters,
| bat the time and manner Of ascer-
timing and enforcing these qualifi-
cations would be n matter of cOntro-
versy in the absence of legislation 10
carry the acts Of Congress into prac-
teal effect, and legislation failing 10
do this is not the kind referred to ia
the acts of Congress.
/ have not carefully examined all
the details of the act. il having
reached me at pm. Of yesterday,
| too late for careful consideration. but
/ It differs in detail from an act in my
/ hands on the same subjects, in
/ tended TO govern the action CT the
| Utah Commission. The general
objections to the scope Of the act are
too great to make n detailed examin-
alton Necessary. This act Is a sub
stitute for n large part OF the regis
/ tration and election law of 1878, and
! that chapter, of which 50 much is
| superseded here, contains provisions
! in conflict with the organic act, and
provides that the Territorial Urea
sufcr and Auditor shall be elect
ed by the people; also that vacan-
cies in the office of Probate
Judge shall be filled by election.
/ Ny predecessors in office have re-
peatcdly urged the Legislative As
sembly to repeal these laws, and
| free the statute book from such I'M
lawful provisions. l RETAINED from
repeating this request because it
seemed the plain provisions Of the
organic act, and the decision of the
Supreme Court Of the United States,
furnished much better guides for
legislation on these subjects than
any | could give. There are several
other laws oflike nature which con-
flict with the organic act and en-
croach on the power Congress has
vested in the governor. l mention
especially those in the same chapter
revised by this proposed act, because
| they could not have been overlooked