The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-08-24

idates may be present as provided in section Is
OF TINS act; and said canvassing board shall
carefully examine the returns. and If no frregu-
sar1ty ordiscrepancy appears therein affecting
the result of the election of any candidate.
lney snail accept said returns as correct: but II
the right of any person voted for, for any office
is IN any way affected, the canvassing board
Snail open the ballots from said precinct and
canvass the same so far as to determine the
rights of the person whose office may be af-
lected. They may also cause to appear before
them any persons whom they may deem proper.
ana take their testimony in relation to said
election in said precinct.
This section, last quoted, is the section
OF the act which defines the du ties and con-
fers the powers exercised by this board of
canvassers as such; and whatever powers
are given, are to be found in this section.
1t will be seen that the statute contem-
plates that the officers of the election have
performed their duty by forwarding all
the ''lists'' which they have made in count
ing and capvassing the votes cast, together
with the ballot boxes in which the votes
are preserved, sealed up; and that, being
thus in possession of all the records so to
speak. made by the officers of the election,
together with the ballot boxes containing
the ballots cast, they are to proceed, in the
language Of the act, hrsJ "to break the
seal of the returns and carefully examine
the same, and if no irregularity or dis
OF the election of any candidate. they shall
accept said returns as correct" In other
words, If the returns, which mean the
lists" kept by the officers of election, are
upon their face fair, smooth, and no irregu-
larity or discrepancy appear therein, the
duty OF the board extends no farther than
to canvass those LISTS" and foot
up and announce the results; but
if, by reason of any discrepancy
an irregularity appearing therein, an in
telligible result cannot be reached, salts
factory TO the board, and if such irregu-
larlty or discrepancy affect the right of any
person voted for, for any office, it is then
the duty of the board to open the ballot
box from the precinct where such irregu
larity or discrepancy may appear, and can
vass the votes found therein. so faras to
determine the right of the person whose
right to the Office may be affected. The
statute adds: "They may also cause to
appear before them any persons whom they
deem proper, and take their testimony in
relation to said election in said precinct
have shown that when the returns from
| any precinct, or precincts, are opened by
the board, and no irregularity or discrep-
ancy appear therein, the duty of the board
ends by simply canvassing those returns.
] uave shown that if any irregularity or
discrepancy appear in any precinct affect
ing the right of any person to an office, it
is then the duty of the board to go to the
ballot box and canvass the ballots.
| Now the question arises, What is the eff
feet OF this last clause, allowing the board
to send for persons whom they may deem
proper, and take their testimony in rela.
ton to said election9 1t certainly cannot
! be that the legislature intended by this to
open up before the board every possible
question that might be made to concern the
regularity of an election; but the language
quoted must necessarily be confined by the
context which had preceded it. And being
thus confined, the proof which the board
may take, or the witness, or the testimony
that it may cause to appear before them,
would be confined alone in their operation
to an explanation of such ''irregularity or
discrepancy as might appear upon the
face OF the returns or as might enable the
board to arrive at an explanation OF any ir-
regularity or discrepany that might arise
upon the the returns as mentioned in the
former part of the statute. l am
strengthened in these conclusions by the
feet that the legislature has provided nc
mode of procedure for any wider scope OF
investatlon than that which l have indi-
Gated, and by the further consideration that
canvassing boards are usually composed of
laymen, and that it is not the policy of the
legislature to entrust to them in such mat
tiers very enlarged powers, and especially
| is this so when we come to reflect that the
canvassing boards are usually made uI
very largely of partisans Matters which
go to the legality or illegality of an election
mined by court of justice, under and b.
virtue of a regular mode of procedure in
| stituted by the legislature for that purpose
So conclude that, SO far as the powers
of this board are concerned, they are
confined, first, to determination
of what is a return, as defined
by the statute, to be made by the
whether or not, upon such returns, there
appears any irregularity or discrepanc,
affecting the right of any candidate at sale
election; and. third, If so, it is the duty OF
the board to open the ballot box, or ballo
boxes, from the precinct, or precincts
where such irregularity or discrepancy ap
pear, and canvass the votes and deternint
from them the proper result; and, fourth
that the board may take such testimony o
any person whom they may deem prope
10 have brought before them, to explain b,
such testimony any matter arising upoi
such ''irregularity and discrepancy" al
above mentioned. Beyond this 1 do no
believe this board has any power whatevel
to go; and within the scope of the statut
above defined, their powers may be said
be both ministerial and, to some extent
judicial, or, as some have put it, quasi
judicial.
, Keeping steadily in mind the construt
, ton of the statute as above set out, l wi
: now seek to make an application 30 the cas-
of Gallagher and Toronto, candidates fo
treasurer for Salt Lake county. arisin
: upon the return of poll 3, Second precint
of Salt Lake city.
. The Judges OF that election have foI
. warded to the Utah commission, and the
1 have placed before this board retur
4 from poll of said precinct, two paper
9 which are to the following effect. One G
themis as follows:
Abstract of votes-We, the undersigne
. Judges of election of poll 3, Second pr
cinct, Salt Lake county, Utah territory, q
). certify'that the following is a full, true an
. correct statement of all the vote
!. cast at the election held in said precinct Q
Monday, Augusta 1890, for commissions,
to locate public lands, and for county an
precinct officers, and the number of vote
), received by each person voted for. w
3 ted according to the rules adopted by til
n | Utah commission, and that the person
e elected to the several offices are not, to IL
It best of our knowledge and belief, di
e qualified from holding office under the &C
!, of. Congress.
d (Signed)
e ). w. SKINNER,
e Presiding judge of election.
= w. j. De BRuLE,
Judge of election.
w. G. BURTON.
Judge of election.
a, On this paper is set out list of Il
q names of the persons voted for for coun
II and precinct officers, and we find, as b