Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-03-15

y
Hon. +. S. Richards, President OF
me Councsl-Sir-I return disap-
proved c. F. 10, entitled, s'An Act
In relation to the registering Of voters
anu conducting Of elections, and
amending Sections o3s, 245 and 2i6
OF the Compiled Laws Of Utah Of
1888, relating 10 registrations and
elections.
The act amends three sections Of
Chapter IX, Vol. /, OF the Compiled
Laws OF 1SSS (which provides for
the registration Of voters, the con-
duct Of elections and the canvass
ami return Of the votes), contains
provisions intended as substitute
for other portions Of the chapter.and
leaves other parts Of the same chap
ter unchanged. 1t is intended, so
Tar as il changes the existing laws,
to govern the action Of the Utah
Commission, and all officers
in the course Of registration.
and in the conduct Of cleo
tons, and provides ii shall be in
force when approved. 1t contains
no repeating clause, and is not in
tended for the approval Of Congress.
chapter IN. was enacted February
=, ISIS, and has been the rule OF
action on the subjects named ever
since, except so far as qualified 10y
Acts OF Congress respecting the
qualification OF voters, and the APP
pointment Of officers 10 execute the
provisions Of the law.
The act of (tnnurasz nF Nfar.h
1852, (Sec. 81 created the Utah Com
mission, and among other things
defined its duty in these worts:
"Each and every duty relating
to the registration Of voters, the
conduct of elections, the receiving
or rejection Of votes, and the can
wasting and return of the same.
and the issuing OF certificates OF
other evidence OF election in said
Territory, shall until other provi-
sions be made by the Legislative,
| Assembly Of said Territory, as j.
hereinafter provided, be performed
under existing laws Of the United
States and of said Territory by
proper persons, who shall be appoint
Cd, +" etc.
The same section provided that al
or after the first meeting Of tn,
Legislature elected under this act:
"Said Legislative Assembly may
make such laws conformable 10 the
organic act of said Territory, ana
not inconsistent with other laws OF
the United States, as il shall deem
proper concerning the filling Of the
fnff IL q. n. oil
vacant by this act"
BY the act Of March 3, 1857, Con-
gress further provided thai the pro-
visions of the act Of 1852, in this
respect, should remain operative
''untl the provisions and law there
in referred 10, to be made and enact
ed by the Legislative Assembly OF
said Territory Of Utah, shall have
been made and enacted by said
Assembly, and shall have been APP
proved by Congress.
The entire legislative power was
and is in Congress, which may dele |
gate to the Utah Legislature such
powers as it chooses, and afterward
change the extent of the granted
power, or withdraw it in whole |
or in part, and Congress has re-
tanned the power OF approval or dis
approval Of all acts passed under the |
delegated power.
At the time Of the passage of the |
act Of 1852 Congress did not change |
the election laws Of Utah in regard |
to elections, except as to certain dis
qualifications, but changed the per |
sODs to execute them. This indi- |
Gated an approval of the laws as
they then stood. Had the election |
laws been different, they might OF
might not have been approved, and
changes in the laws themselves
might or might not have been made. |
The words, ''uudtr existing laws"
would not, Of course. prevent |
Congress from making any desired
change. Whether or not these |
words mean that the duties Of the |
Commission should be performed |
under the laws Of Utah as they |
then existed, or as they should exist
at the time OF the performance Of the |
duty, may bea matter Of DOUBT. II
il be assumed the latter is .he mean
ing and that the power 10 change
the laws without finst obtaining the |
approval Of Congress exists, and still
exists, except as to the method OF |
filing the Offices, ii still remains
that the duty Of the Commission |
and its appOintees was prescribed
with reference 20 these laws, and
that while tie duty of the Commits
sion is largely administrative, any
1. L. "a
affect these duties would he affect |
ing, so far, the acts of Congress AM
the policy OF the enactmenls.
This proposed act makes so many
changes that it Is not desirable 4 |
attempt to mention all of them. The |
reason for many Of then is not 3p-
parent. Some are in conflict With |
the provisions Of the act 81 Congress
requiring the approval OF Congress,
u to filling the offices vacated, ami
some changes in the existing law
are not an improvement.
The act changes the general elec-
ton from August to November. IL
changes the time, manner and place |
for registration, provides for a
different board Of review, gives |
the formula for n trial on
a challenge at the polls, pro-
vides that n new registration shall |
be annually made in each city and |
county at the office of the regis |
trars only; that no election precinct |
shall have over 500 voters, and that |
the county courts and city councils |
may divide precincts. 1t provides
registration officer for each county |
and one for each city, and a regis |
trar for each precinct, both in coun-
ties and cities. All give bonds, but |
no duty is assigned 10 the registra-
ton officers. Every duty of the act |
Is put upon the precinct registrars.
This double set of registration |
officers takes the place Of the as
SCISSOR and his deputies under the
present act, and Of the appOintees Of
the Commission 10 I'LL their places.
Under the existing law il is pro-
vided the senior Justice of the Ieace |
of the precinct shall act as board |
Of review, and he hears challenges |
to registered voters, and notice to |
the person challenged is provided |
for. This proposed act provides fol
a board Of three persons to be ap-
pointed as registrars are. The power
Of the Justice Tor the person acting
in his place under appointment by
the Commission) 10 act juiicially
and strike Off the names of voters
without any power Of review by the !
courts or otherwise, though exist |
ing, at least, since 1878, has been
recently criticised rs arbitrary; but
the proposed act makes no change in
the power or authority Of the re-
ceiving board, and Omits the prs
visions Of the existing law that the
challenged party shall have notice
Of the challenge.
have on my hands an act in
tended for the approval Of Congress
and to supply the legislation pro
vided for in the acts of that body.