Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-01-31
The INFAMY,
Liberal Registrars May
DO As They Please,
AND THERE is NO REDRESS.
They Can Strike Names or at
Their gRi,
FIX REGISTRATION LISTS .s
THEY WISH,
And No Court Win Say Nay. rmn
Is Tee Late
FIX REGISTRATION LISTS as
THEY WISH,
AHd No Court Win Say Nay. TIN y.
Is Toe late

IA lhc scOulnern States
: and the election frauds that hav,
g been committed IN various parts o
e the Union are al surpassed by til,
; bareiaced and shameless measure,
/ which are being carried out by tn,
Liberals to rob the people on the
lOti of February.
The plot which Rla "biberal', or.
gan yes5sA'iay proclaimed had been
conceived ''to carry the election on
February 10th by fraud or force, has
I been wrought OFT, and, so far as the
fraud portion is concerned. now
stands exposed to the public gaze.
: What the 'force'' iDtip.ab.s Is vet 10
be declared,
] "T.e registrars are supreme, and
there is no appeal from their deci-
sions,' is the substance ola declara-
: ton by Judge Powers, chairman of
. the "Liberal'' committee.
There is no appeal from the de-
elsion OF the registrars,s said Mr..
Dickson, in the argument before
Judge Haee today, at least till after
the election. and then it would do
no good. >
This, then, is the scheme which
Is TO be followed. The "LiberaI,,
registrars may strike from the list
WhoHs saey please, and there is no
redress, not even after the election.
The registrars have been striking
OH the names of those who have
been polygamists, but are not now.
contrary to the law and the rulings
OF the Supreme Court OF the United
states. They have also taken under
advisemeuts the names ofhundreds
Z o. Peoples Party voters who have
been challenged, and the under
standing Is pretty general as to what
disposition 1t is intended TO make OF
I them. ~ VI
Because Of this Illegal and atm.
/ cious course, il we- leterminei to
bring the matter before Judge Zane
TO secure, if possible. an or7Ie- tbot
would restrict 70 within its proper
bounds this wholesale exercise OF
assumed authority by the registrars.
blSlop I'm. h. Preston wns one of
the-e charged Ga tho grounds of no.
( iygamy and non-residence. In this |
case an application was made before |
Judge Zane for a writ of prohibition,
restraining Registrar ]. r. Morris
from further arbitrary action. The |
application was in substance as fol- |
lows:
b. Preston, being first duly sworn, |
on his oath does say;
Ihet he is a native born citisan of |
the United States.
That he is now and has been for
more than Eve years last past bona
Sde resident Of Salt Lake City, in
salt Lake County, in Utah Terri
tory, in precinct number 5 OF said
city.
That in December he was duly
registered, and is legally qualified
voter, and entitled 10 vote at all
municipal elections in Salt Lake
City.
That on Jan. os, Mr.. Preston
received n notice from J. r. Morris
of the challenge, based on the
grounds that he is polygamist and
Mr.. Preston states that the charges
are absolutely untrue and false, and
that he was not at the time he regis
tered q polygamist, and that he was
and is a bona .fde resident Of Salt
Lake.
The affiant further says that the
registrar has no jurisdiction to hear
aud determine said complaint, and
il acting without authority OF law;
and further that he intends to de.
Prive the afliant of his right to vote
Having no other adequate remedy
at law. the affiant asks that the reg
istrar be commanded by the court to
refrain from further proceedings in
the case.
The arguments were made by lie
Grand Young for the afiiant and 7.
l.. Williams and w. II. Dickson for
the registrar.
The position Mr.. Young took was
that the registrars were not judicial
officers in the capacity OF registrars,
and could not act in that office and
also the office ofjustiee Of the peace,
which officer the law says shall hear
and determine challenges: also. that
the registrars are not supreme in ,
their actions. but are subject to the ;
direction OF the courts.
The position Of MeSsrs. Williams / ,
and Dickson was that the registrars
acted both in a ministerial and IN (
Gicial capacity, and the Utah Com
mission could properly authorize
them to so act that they could add
names to or strike names from tine
registry list, and that there was
no appeal from their action; that
they could strike any number of |
names from the list up to the day Of |
election, and the voter had no re-
dress. As Mr.. Dickson declared,
There il no appeal from their
action, at least not until after cleo
ton, and then it is no good"
Judge Zane, in passing upon the
question, said that the appli- /
cation OF Mr.. Preston alleged
the challenging Of the an
plicant. VIM. i. Preston, by one ID.
Webb, on the ground of his being q
Dolygamist AMI that he is not a !
5oHG Bi1e resident, and said notice /
Of said challenge was is
~ Il
further claims that Morris
Is not authorized to so act, and asks
thai a writ Of prohibition issue, re-
straining the said Morris from hear
ing and determining the questions '
raised. The law providing for the |
placed on the assessor
certain duties regarding the regis
tering OF voters This registration !
list is filed with the county court.
The section to he construed is as
follows:
at shall also be the duty Of the clerk of
the county court TO give notice on the lists 1 |
50 posted, that the senior justices of the
peace for SAID precinct will hear objections :
10 the right 20 vote OF any person regis | a
tered, until sunset OF the nth day preceding ~
the day OF election SAID objections shall
be made by qualified voter IN writing and 9
delivered to he said justice. who shall issue i,
4 written notice TO the person objected TO, !
Eating the place. day and hour when the
objection viii be heard. The person making r
The digestion shall serve, or cause to be =
.ervec said notice upon the person objected
-, ana snail also make returns of such SER
IN I'm - M lhslee before whom the obiec- q
-. snAh be heard Upon the bearing OF !,
~ c1ss, u sai1 justice shall find that the Il
Pcfs'll oolected 10 Is not a qualified vorer
- s'',ll, Nltn three czys prior 70 the cleo II
rion. transmit certified list of the names ~ II
all such unqualified persons 10 the i5ei-es ~
elecuon, ana sad judges shall strike such n
nAules rom The registry list before The
Counsel for both parties concetle n
that a justice Of the peace was com
Betent before the passage.of the Ed II
nnnds law to hear these objections. {.
md could act as stated in the section =,
-ead. In other words, the Justice >
lad the authority 10 determine h
the objections were well :,
AIKEN, and TO decide whether the
)erson objected TO was a qualified T
Toter. Does section 9 Of the Ed h
A - Z Il - -