Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-11-13
THE STOLEN COUNTY CLERK.
SHIP.

THE election contest case, in
Yolving the possession of the office
Of clerk Of Salt Lake County, de-
cided yesterday in the Third Dis
trict Court, presented some interest
ing features. 1t brought 10 light
the most glaring "Liberal'' frauds,
by means Of which the office had
been stolen from Fergus Ferguson
and awarded to the incumbent-C.
Z. Allen.
It did not appear in evidence
that the latter had any direct con-
nection with the trickery and cor
ruption by means Of which the will
Of the popular majority was thwart-
ed, yet in all matters Of peculation,
whether in finance or politics, the
receiver is considered to be equally
IS culpable rs the thief. As to the
preparation ofthe outrage there is no
question. This much was admitted
by Judge Anderson yesterday, in
rendering his decision. The position
on that point taken by His Honor
was justified by the evidence.
The evidence, as We recollect it.
given at the trial was, in substance.
as follows:
A Liberal" registrar allowed to
remain on the register the names OF
thirteen persons who had not re-
sided for n long period-some OF
them over six years-in Bingham,
previous to the election in August
last. A "Liberal'' Judge at poll
number three Of that precinct per-
mitted other persons unknown TO
him to persOnate the absentees and
vote in their stead Notwithstanding
that the said judge was personally
acquainted with most il not all OF
the owners Of the names. The bal
lots ofthe noble thirteen were pre-
sumedly cast and counted for Alien.
the contestee. Judge Anderson, as
was his duty, threw out the thirteen
votes Of the personators, thus re-
ducing Aliens majority - which
had been given as fifteen-lo two.
IL was proved in evidence that
the names Of eighteen Peoples cleo
tors were peremptorily stricken from
the registration list at Murray on the
morning OF the eleCtion. 1t was
shown beyond doubt that sixteen of
the Dumber were fully qualified to
vote. The "Liberal'' judges of
election refused to receive their bal
Lots, because their names had been
taken from the lists, 10 rob them
OF their right, by registrar Cahoon.
Judge Anderson acknowledged that
the rights Of the sixteen legal voters
who would have cast their ballots
+ for Ferguson, had been robbed Of
their right, that the will Of the peo-
pie had thus been thwarted and
that Mr.. Ferguson would have been
elected by a majority of fourteen.
but for the fraudulent conduct Of
Cahoon. His Honor held, how
ever, that votes that had not been
cast could not be counted By the
courts in favor Of the person who
would have received the benefit of
them had thay been received and
placed in the box.
This may be law but there does
not appear to be any element Of JUS
hce in it for the following reasons:
The popular will il thwarted and
a usurPer occupies the office to
which the people did not fairly elect
him. The people have 10 means of
rectifying the wrong or obtaining re-
dress. The man who would have
obtained the Office is deprived of it
by fraud, and, according to Judge
Anderson's theory, he cannot
legally obtain possession Of that of
which he has been fraudulently
deprived.
1t is no comfort to the majority of
the people and the gentleman who
has been fraudulently kept out Of
an Office which the people intend
ed him to fill, that the corrupt
tricksters who were the tools in
ehecting the steal can be punished
by civil and criminal procedure
under the law. Even if the con-
summate scoundrels could be placed
where they properly belong by
legal process this would be no COM
pensstion TO two Of the three vie
tins Of the theft-the majority of
the people and the candidate of the
Peoples and Workingmen's ticket
for the elerkship. Besides, owing
90 the plots Of the conspirators who
have sought to rule or ruin this fair
Territory, pursuit of the fraudulent
"Liberal" appOintees Of the Utah
commission would amount TO so
much wasted effort. Trial by jury
bss no existence in Utah. The jury