The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-08-24
Judge Judd's Apology
for Doing It.
RUMEL Is NOT RUMEL
But H. Page is Henry Page, All
the Same.
WHAT FUTURE ACTION WILL BE.
The Ballots Must Be Counted Before 1t Is De-
cided Whether J. II. Rumel, Jr.. Has
Enough Votes to Seat Him.

luOusH foOCS w oCdi .lllns
There WAS a big gathering Of interested
parties at Secretary Sells Office at 10
o'clock yesterday morning, when the can
yassing board met.
Secretary Sells announced that the board
wished to have private consultation and
the room was cleared. The conference
lasted about quarter of an hour, and when
the doors were again opened. Secretary
Sells said: Gentlemen, if you are all pres
ent, will state that Judge Judd has pre-
pared paper which he will now read, after
which the decision of the board on the
questions raised viii be announced"
Judge Judd then proceeded to read the
following paper, which was listened to
with interest:
BEFORE THE BOARD OF oANvAssERs OF UTAH
TERRITORY.
In the matter of the canvass of the vote
of Salt Lake, Weber and Box Elder coun-
ties.
Opinion Of ]. W. Judd.
The ninth section of the act of Congress,
approved March %. 1882, commonly called
the Edmunds law, provides:
That all the registration and election offices
of every description in the territory of Utah are
hereby declared vacant, and each and every
duty relating TO the registration of voters the
conduct of elections, the receiving or rejection
OF votes, and the canvaSsing and returning of
the same, and the issuing of certificates other
evidence OF election in said territory, shall
he performed under the existing laws of the
United States and of the said territory by pro-
per persons who shall be appointed to execute
such offices and perform such duties by board
of five persons to be appointed by the President
The five persons mentioned, to be ap-
pointed by the President, compose what is
known as the Utah commission.
The act passed by the legislature of the
territory OF Utah. February %, 1878. is the
law regulating the holding of elections in
this territory; and under that act the
duties which were by its terms devolved
upon the officers therein named, are de
volved upon the persons to be appointed
by the act of Congress under the Utah
commission; so that it will be seen that the
only effect of the act of Congress was to
alter the mode of appointments of the per-
sons who were to perform the duties under
the act as originally passed by the legisla-
ture. And under the authority of the act
of Congress above recited, this board was
appointed by the Utah commission to act
as canvassing board, to canvass the votes
of the August election, held for the election
of county officers in the several counties Of
the territory of Utah.
them what may be denominated, for the
purposes of this opinion, contests arising
over the canvassing of the vote of Salt
Lake, Weber and Box Elder counties, and
the contestants have been represented by
counsel of great ability on both sides, and
all the questions that have arisen. or, as it
wonld seem. that possibly could arise. have
been argued with distinguished ability be-
fore the board. And now come. so far as
am concerned, as a member of the board,
to announce my conclusions upon the ques-
tinns raised. And
First-It has been stated aud argued. and
much authority has been produced to show,
that the duties of this board are purely
ministerial, and that it was not intended
by the legislature to impose uDon the
board any judicial duties. Text bcoss and
cases from many States of the Union have
been read, which seem to support the view
and may say do support the view-o,
those who take the position that the duties
Of the board are for the most part minis
terial. But. after all, these cases must be
read in the light of the statutes which the
court is constituting, for il will be seen by
comparison that no two of the statutes un
der which the canvassing boards of the sew
eral states and territories act are exactly
alike. Ours differs in some of its require
ments from them all: SO that. after all, fol
any final conclusion. we are bound to coms
TO a construction of our own statute. AMI
by such construction evolve therefrom sucl
rules of action as seem to be justified by tn,
legislative intent
The statute, after providing for the man
ner of holding the election, at section 10
says:
As soon as the poll shall be closed sue
Judges of election shall Immediately proceed t
canvass the votes cast at such election and cor
tinue. without adjournment until completed.
Section l6 provides:
The canvass shall commence by the Judges
who have nctcd as clerks OF the election. CON
from said lists the humber OF votes cast. TIL
box shall then be opened.und the ballots therei
taken out and counted by the judges; and tn
judges acting as clerks, shall each make a lis
OF the persons voted for The presiding judg
nhali then proceed 10 open the ballots and ca
of therefrom the names of the persons vote
for and the offices they are intended TO fill; an
the judges. acting as clerks shall take tn
count OF the same upon their lists. and all tn
ballots shall be Immediately returned TO tn
ballot box, and the ballot box shall be locke
and securely sealed
Section 17provides;
That after the canvass shall have been con
rleted. the judges of election shall add up an
determine the number of votes cast for eac
person for the several Offices. which result sha
be placed upon the lists made by the Judge
acting rs clerks of the election: and the Judge
shall thereupon certify to the same. and 70
ward all the lists securely sealed. together wit
by qualified voter of the county. who shall
before taking the same. take and subscribe a
oath to the effect that he will deliver the sam
TO said clerk without unnecessary delay. an
that he will use his utmost ability TO prever
any interference whatever herewith by an
person whatever.
Il will be seen from the quotations ths
sections Is and 16, above quoted. provide q,
actly as to how the judges of election sha
canvass the votes cast Not only that: bu
Il provides how they shall set the result {
their canvass down, by saying, that the
shall make list Of all the persons vote
for,' and then it provides e'that the presi,
ing judge shall proceed to open the ballots
and call off therefrom the names of the De
sons voted for, and the offices they are Il
tended to I'LL; and the judges, acting
clerks, shall take count of the same upo
their lists
Section IL provides:
That the judges shall add up and determi,
the number of votes cast for each person for Il
several oficss, which result shall be placed (
the lists made by the judges acting as clerl
Of the election.
Now these LISTS, ~ together with the ba
lot boxes are to be returned, under Il
statute, to the clerk Of the county cour
Sdt now, under the act of Congress, to Il
Utah commission Having received the
ssiists,' - made I'D in the way that the statu
provides. and certified as the statute Or
vides, it is the duty of the commission,
they have done in this case, to appoint
board of canvassers, and pass the t.list.
and ballot boxes to that BOARD, for the pu
pose Of enabling them to canvass the vote
for the next section, Is, provides as II
lows:
Sec I8--On recent OF the ballot boxes al
reJnrns OF the election. the canyassng boa