The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-02-16
title or right, but to whom the title or right
really belongs. e - A'

utle or right, but to whom the title or RICH
really belongs. 'o '''io u LIZ Il
AS 70 the legality of the legislature, Jenk.
s salu Ihe legislature that met pursuant tt
onI pIociaEation OF the governor was the
only legal legislature. jerks argued thai
que new constitution and ordinances of the
soase did not repeal the old territorial law
unoer Which county clerks certified the
GIectlon OF members of the legislature.
Inns being the case, he insisted that the
democratic legislature was the legal legis-
azure and the persons elected by it are the
r1ghtful United States Senators. He ar
gued that under the new law the state can
Vasslng board had power to canvass the
vote and declare the result of the election.
AS to the adoption of the constitution. the
OLD law requiring county clerks to issue
certlncases to members of the legislature
is still in force,
rms view was controverted by members
OF the committee, whereupon jerks said
that II 1t was not still in force then the
power to declare the result of an election
ana TO issue certificate reverts to the gov
ernor as the supreme executive of the
state. "a ono
Inc Republican members of the commit
Tee questioned jerks as to the necessity of
canvass by the county clerks which did
. noC erect anything. To all of which cues
tlons jerks answered that he could not
tell the reason for every law: he conId
only cite 1t and give his opinion of its force
ana ehect. jerks stated that members of
she legislature had certificates of election
from Ine governor, except nine members
from Silver Bow county-four Democrats
and hve epublicans-whose seats were
contested: These nine certificates were
found in the governors office after he va
Gated, unsigned
Saunders admitted this was the case and
Withdrew his statement IN tho GOV, -,
made earlier in the dav.
Inc Democratic members eff the lepis
lature did not use the certificates of The
governor, believing the certificates of the
county clerks were the correct and
legal ones, but the Republicans used
Tue governors certificates in effecting
The registry list in precinct "a
SILVER Bow county, JENKINS said. was
made by the Repu blicans and contained |
lo3 names. That list seems to have heen |
made under the law by filling ali its re-
qulrements. The election law Ia 1nodifca-
lion OF the Australian SYSTEM is very
sIrlct, and all the details were carried ont
s Miun Iie utmost strlctness and rigidity as
shown by the affidavit of the eIecfio r
o1ncers None of the official tickets were
l 1nLsslng, nor Were any false ballots cast
Inc list shows that ia ballots were cast
out OF a registry of 1S3 votes. Jenl,s cold
that affidavits by members of the electior
BOARD say no one was excluded from tho
count except one man who was drunk and
raising an uproar. But even if the election
oincers did violate the provisions of the
ERECTION law SO as to prevent voters from
expressing their views, and if throwing
)ut the precinct would result in a chance
ID the result, then the violation is treated
Is OF no force. The county board was mot
'eally canvassing board, and its refusal
40 count the votes from precinct 81 was an
assumption OF power it did not possess. If
, s3 only make an abstract of
ne votes. mandamus proceed
ng to require the board to include
'reclnct "a was had and mandamus was
ssued SO that in the eye of the law the I
MY certlhcate of votes from Silver Row t
ounty that went to the state board con. l
AIMED the votes of precinct "a. If the acts
usurpatlon OF the state board are rubbed J
Ut lnere is clean record. In answer to a C
uesulon oy Senator Evarts, jerks stated I
nat after ballot has been de- I
'oslted In the box there exists among
he election or canvassing boards Y
o power except to count and tabulate the a
oUes cast And again as to the limit to Z
ne power OF the Senate making an inouirv
nuo the election of a member it could mr.. |
ue every vote to the last resort. Init II I
. 10 u not be wise to exercise thai power Q
I Yer coming into contact with the finding I
a judicial tribunal that has iursdictiop i
adjourned till March l. I