Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-02-03

garded by them as a great victory
They boasted loudly and frequently
that, under this secret ballot law,
the power of the Mormon Church
would wane because its ''dupes'
could now vote secretly and indie
pendently.
The history of that law, briefly
told, is as follows: Just prior to the
year 1878 the ''Liberalsn became
strong enough to make a showing al
the polls in two or three counties,
and, fondly imagining they could
still further increase their strength
by accessions from the Peoples
Party if they could get such
an election law as they wanted,
they began an agitation fol-
the passage ola secret ballot statute.
On the opening of the session of 1873
a bill designed to meet this demand
was framed and introduced into the
Assembly. There were objections
to this bill, mainly from ''Liberals''
as we now recollect, and the sug-
gestion was made that the best cleo
ton law among the Eastern States
be used as a model. The Pennsyl-
vaRia statute was selected as the
very best registration and election
law in the Union, and a copy Of it
was telegraphed for, for the use Of
the committee on elections, who had
the matter in hand. Five dollars
was appropriated to reimburse the
chairman Of that committee for ex-
penses incurred in procuring n copy
of a volume containing the s'Consti-
tuition and Election Laws of Penn
sylvania."
That committee drafted and in
troduced a substitute bill, modelled
after the Pennsylvania law, which
took the usual course, having its
history recorded in the journals of
the two houses, and, having passed
both, was approved by Governor
Emery, February %, 1875. Both
political parties accepted of the law
as good one, and it is a new thing
to hear any faction in the Territory
pronounce it otherwise.
That an election officer Of
ToOele county should have refused
to enter and hear challenges, except
on payment of $ for each, is an alb
surdity. Not election officers but
justices of the peace heard chal-
lenges. a showing before district
court that any justice of the peace
had taken such position would
have instantly procured a man
damus to compel him 10 recede from
it. On its face this statement is ruiz
bish.
To determine the right Of a man
to register is judicial act. Under
the Poland Law (passed in 1874 the
exercise Of judicial functions was
confined to the courts as then con-
stituted; hence the Utah LegisIa
ture, in providing for the striking
from the registry lists Of names un-
lawfully placed there, were COM
PEELED to give to one of the courts
then existing authority to deter
mine whether or nor the name |
was rightfully registered. They 1
gave this authority to justices of the
peace, for the sake Of expedition and
The convenience Of the people.
There could have been no ulterIor
iesign, nor injustice to any class of
voters in this, for the civil code
hen as now provided for appeals to
he district courts from all decisions
# justices of the peace.
Under the law as 1t was passed by
Mormon" legislature, the justices
f the peace held court. listened TO
he evidence on both sides, heard
ounsel and formulated a decision.
lie was not in any sense an election
Ulcer. He did not place upon nor
irike from the list any names; but
he by a judicial proceeding, found
name to have been wrongfully
agistered, he certified such finding
the judges Of election, who did ,
lie striking off.
But under the present procedure.
he registrars are made courts TO rass
iuicially upon work they them (
Ives didas ministerial officers,Such 7
l absurd arrangement, such an
use Of power and discretion on r
e part Of the Utah Commission 4
hleh thus appointed them, is suffi- 3
ent In Itself to invalidate the cleo v
IN The Territorial election law =
'ver contemplated the possibility O
such a state Of things; and that Il
" is not to blame for the crimes P
lght to be perpetrated under a n,
etense Of complying with it. Had V,
letter and spirit not been vio-
ed, such a state of affairs would
exist as now confronts the vot-
Of this city. =