Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-04-20
no REDRESS.

TUr decision feniNrel l'Ht
by the Territorial supreme Court IN
the Ferguson.Allen election case pre-
.su,s an anomaly In civilized Juris'
audience. Notwithstanding the lac.
lhalIf certain duly qualified electors Of
south Cottonwood Precinct had no'
been Illegally aui ffaudulen'iy pre-
vented from casting their votes
Ferguson would have been elected 70
The ofllee Of clerk Of Salt lake County
Tho position was gwen to Allen, VINO
was, 20 II was proved, elected ny a
fraudulent process.
The ordinary reader Is occasionally
unable 10 grasp tho main poinw OF
subject by the ponsal Of lengthy
legal document, such ~ thi' deci'ioh
ofthe Court; hence we here reproduce
some Of the leading features, minus
the authorities quoted, upon which the
conclusion depends for IL consistency
''In this case 1t appears that each OF
these nfoon electors had their names
proporly enrolled they were Legal
voters and entitled 10 vote nj this olec-
ton, that the deputy register. without
any authority Of law whatever errone'
ou.ly and Illegally ordered their manic,
stricken from tho lists OF qualified
electors on the morning Of tho election
that each Of thom won't and rendered a
vote for the conieslnnt, with m aihdavi'
of their qualifications ~ legal voiors'
They wcre refused because their names
had been illegally and erroneoualy
stricken from the list Of voters by order
Of the deputy registrar. This Illegal act,
n Il was such. upon the part OF tho regis
tmiion officers cannot In justified upon
any preioSt whatever.
'sTho right. aud wishes ~ all people
arc too sacred to be- east aside aud null
llncd BY the Illegal aud wrongful acts
of their servants, mo maitor under what
guise or protenso such acts arc sought %
lie justified. This right r. fundamental
right. Al other rights, civil aud polili'
cal, depend on the noe exercise ~ this
one, aud any material impairment Of i
ls, to that extent, subyorslon ~ ouI
political sysism.
''Theso registration and election OH
cora act Enthusiastically, or nj most quasi
Iudlcially, and their acts may properly
b. reviewed and questioned Ia pro
ceeding 10 contest or Try the title 10 any
Office made elective by tho laws OF the
Territory.
n am satisfied that no case can b,
found In the books which present, Z
stronger appeal In behalf Of Justice 10 NJ
clcc,or than h presented by tho record 1t
this casc. Yos tho law soems to be- so,
tied that unless the ballot is actually east
1t cannot bc counted In local election
contest.
"And In such cases tho injured partici
have their right of action agalns, The
registration officers who violate theil
gath aud maliclously or corruptly strik'
the name Of u legal voter from the regis
im,ion list, or mallciously or corrupt,
refuse To .placo such name. upon tn
register, and such parties may bc madl
liable 10 civil action In damages ri
prosecuted criJninally for such corrupt
wllnL and malicious acts."
II Is held by tho court that the nc
Of "these registration and election
officers" may "proporly he reviewed
aud questioned In proceeding TO con
tesl or try the title TO any office mad
elective by tho laws Of the Territory.
Unless such an investigation leads 3
the rcctlfication Of wrong II is use
less for tho purpose for which II Is III
stituted. Such n review was had.
proved that a "Liberal" registration
officer committed fraud that prevent
ed the election to office OF the candI
date who wasthe choice ofthe majority
After this inquiry,whleh disclosed thl
state Of facts, the candidate who wa
fraudulently robbed In Informed tina
their Is no remedy for him under ia
law. Such law may exist but 1t Ii not 4
accord with Justice, sound sense, O
civilized Jurisprudence. Unless
remedy for a wrong lies at the en-
81 n Judicial review It
useless for any practical purpose ~
cept to expose the perhdy OF "Llberal
election officers, parilsans, aud caI
dldates, who accept OF offices to while
they could not have been elected will
out tho aid Of fraudulent nanipull
tion.i
This decision sweeps tho oiilcli
viands out Of the reach OIL the dciraud,
candidale-so far au the local cour
arc concerned. Il has tho appearance
however, Of not submitting the ii
frauded electors TO the starvation pr
cess, but tenders the wronged AZ
robbed oitlzens OF that class
quantity Of legal coll soup which
sufficiently ANTICIPATED TO have becon
sour. They can have recourse 10
civil or criminal action against II
registration thief who deprived the
OF the exercise Of the suffrage.
This was mol intended by the cou
N be lronlcal mockery Of the mlsu,,
citizens who were prevented from y,
Ing, but Il Is tantalizlug statemet
In the light Of recent events. m
history Of the caseagainst WI. Ale
"l,iberal" election Judge, charg
with having stuffed tho ballot box
Poll No, ., Fourth precinct, this eli