Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-08-20

a..aaa HH'aa a."HH d
Talal vote outside oreiryl1-ll57.
On motion Of Judge Judd. IA,
attorneys were given permission {.
argue tine various points raised.
Judge LpufH8uuEh. for the .sI.iE
glais.' first came forward. He
urged thar the return FOR J. IL
l'um-l could ugt lec1uutel for .H
lsgmel, j.. His point was tina.
the board Of CauvlsSyr- were
only permitted l. take the face
oi the returns, aui could make uu
further Investigation or eNamiua-
tom. lie real q uum'r lrD' autluri-
ties on this subject. He said II
made 100 difference - 60 whether
votes were cal fer Il. Page and
Henry 'I-e, Tor both were the
SAME. hat ;heIe was 2 difference be-
tEgau John II Eumel luL Jahu H..
ltImeL. Jr-, tAe termination ar
indicating lhat there was another
man ot the same name. rpe - e. -
WAS MOT par. Ui the Elme. but m1 r,s-
Is a distinction Tor tJc iuIivi.ull.
JOAN II. RUINED, Jr-, cuIli avail
himself ~ the votes fIr JrIa "a.
i.Imel IL h= were % show TIA, tlc
latter was not a cluliiats auI wss
aa- eligible d tine gilice, but thi-
could only he dguc 10y a cor
ts-t IRA the courts. The
s.eakgr claimed that DC was the
lElg Ds uIs HJlrl % C1Lut the re-
turls Is certified O. by the Judges Il
election, and % issue the certificate
Co the one having the highest num-
5ar.
Judge NJ Stone took up the case
1T thg thiri uall ia the second Pre-
giHet. where the tally sheet shows
- votes e.. ,. Il. Toronto. for trel-
sgIrer. while the footing i only Il.
ami this number j. caTriel on %
the abstract. Judge Stone position
was that the D19r1 could ou.yarUyF.
the EgEr-s on the aBs.IF-t ami
could not 20 10 th- tally sheet, ~
even 10 tine blli0t-b0E.
Judge Judd-Thc statute says
the IL iggs o. election shall
certify the lst Of votes, and
IL there Is any discre. ln.y, the
b1lui Of CauvaSsers may send for the
ballot box and may count the votes.
Now, IL we must take only the ,7erii-
iiei abstract. what Is the use Of tue
provision u 20 % the bal % box o.
determine where tlc discrepancy j.:
Judge Stone - The tally sheet
with the discrepancy is not a certi-
fled sheet and should not be- Ccnsid-
cred as indicating a discrepancy. IL
is cnls when a discrepancy exists ia
the certified sheets that the canvas
serS can 20 b the baliO. box.
Mr.. Riler-Whateve the figures
are on the abstract. there can Ice no
discrepancy. This must arise he
tween two sheets.
Judge StOne-It must he between
two authenticated papers. The fact
that they came in the same envelope
T. 40 legal evidence that they are
the proper papers
Mr.. Brpwr-Hnw ID they know
the abstract j. authenticated?
Judge Stoue-Thry must take
judicial notice OF that. oar position
D. tina. this board cannot recognize a
Discrepancy gtWCsu the tally sheets
and the certified abstract, OF Du the
tally sheet. The certified sheet j.
the sworn return.
Col Ferguson followed FOR the
''Lihcrl.-' in the same lile ~
Judge Stones argument. lie
claimed that no contingency could
arise ia which the iJlri could ~ %
the ballot box.
Judge JuII-The statute provides
for it.
Col. FerEuson-But not In such a
contingency - this.
Judge JGGI-SuupHse tine Judges
should make a rs;urn. aud n caudi-
date should claim IL 90 he wrong.
could not the board g 10 the ba,-
lots.
Col. FerEus3n-No. II the judges
certified 10 false returns, this b01ri
could not 20 the TO ballot box 10 cor
rest the wrong.
Col. Ferguson continued his argu-
meat % show that tine board could
not take coguizluCe u the uiscrep-
ancy on the tally sheet.
Judge Juid-Can tine board judge
what is a legal return:
Col. FrrguSJu-Nn, sir.
Judge Judi-Doa't they have 20
determine il.
Col. FerEus0n-Well, after n form
/ suppose they DO.
Judge JudG-Then II there were
two returns from one precinct 10y
two sets Of judges, how about that:
Col. FergUsOn-1hey must ascer-
tain which are tie legal judges.
Judge Juid-YOu say they can
take no evidence?
Col. Eergus9n-The question l.
not fair. The evidence Is not on the |
returns. but who send them
Mr.. RiteT-SuPP0se the judges Gel
iify differently
Col. FrrEus0n-That Il a discrep-
aucy 10 be determined 10y reference /
TO the ballot box.
Judge Powers came next on the 1
Box Elder returns, snd on cases
where he thought the judges could |
20 % the ballot bON. as was suggested /
in a contest from Weber County. On /
The second proposition he argued /
that the returns Of the judges Of |
election were binding ana con-
elusive on the board ofcanvassers.
and no reference could be had |
10 the ballet box 10 verify |
or correct it. 1t Is claimed that
in one poll in this county bling |
ham No. 3 the list is largely made
up Of reDeaters. This makes no
as the canvassers cannot
take that into consideration. Boards
Of canvassers are usually partisan,
and it is the purpose Of the law to