The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-03-25


with new hope and ambition, and that
they want to act fairly as American citi-
zens and like the rest of American people.
and believe it would be the part of wis
dom TO give them that opportunity. AS to
the case OF striking the names of fifteen
voters from the registration lists
Mr.. Smith, of Utah-That case was not
cited before this committee, and was not
cited before the Senate committee, with a
view of rejecting on the court at all. but
merely to show the authority exercised by
the registrars in striking off names from
the registration list. Judge Judd cited it.
There was some comment by one of the
committee, but not by any of the speakers.
Judge Anderson understand that it
was cited as tiagrant example of judicial
ignorance.
MIR. Smith, of Utan-Not at all. 1t was
cited to show the great authority exercised
by the registrars who were appointed by
the U tab commission.
The Chairman-I have been here through
all OF the sessions of this committee and
that case was not cited by any gentleman
VINO made an argument. l brought it up
here myself, in order to ask Mr.. Allen
ABOUT the action of the registrars. 1t was
in no way affecting the court but as show
ing the power of the registrars. That is
what | wanted to show.
Judge Anderson-Now, I think that an
incorrect expression has been given of this
opinion, and l desire simply to explain the
case and the way in which it occurred
am not defending my own decision. | did
not render 1t in the supreme court, nor was
l one OF the concurring judges, because l
did not sit in the case. II was tried before
me as district judge, and / decided it. and
the supreme court simply confirmed my
decision, SO that, if l was mistaken as to
what q md 81 +bo
preme coure were also mistaken. Mr.. Par
rett seemed to have the impression that
those electors whose names were stricken
from the list had no hearing
Mr.. Parrett-Tnat was not my impress
sion. On the reading of the decision. I
think that the special findings of the court,
as far as they go, are all satisfactorily and
properly set out.
Judge Anderson-The Judge who wrote
the opinion did not state the facts exactly
accurately. My findings are here in this
volume (Ihe Pacific Reporter, Vol. 26).
They were prepared by the lawyer on the
successful side, were submitted to the law
yer on the other side, and were then ap-
proved by myself. l will read part of the
findings:
THAT the names of each of said fifteen
persons had, prior to said day of election.
been upon the registration list of said pre-
cinct bat each of said names had been. bv
the judges of election, stricken from said
lls6 before the opening of the polls, in ac-
cordance with the directions in writing
from the deputy registration officer of said
precinct
The law requires that if persons not
quallhed as electors shall offer TO vote the
registration officers shall notify the judges
OF election, and the judges shall strike the
names OIL. Continuing TO read
''llat the rIpht sold r1ftoo,, po,,
sons to vote at said election had been OBJ
lected to by qualified voter, in writing,
before SAID deputy registrar, and hearing
mad been had upon each of said objections,
after due notice had been given each of
SAID persons before said deputy registrar.
and said deputy registrar had determined.
on such nearing, that the names of each of
said persons should be stricken from the
registration list OF said precinct which
said determination was erroneous and lie
gal, the said fifteen persons being qualified
voters"
In other words, held that the evidence
winch the deputy registrar had before him
and which was reported before me- was
not sufficient for him to make that finding
Mr.. Parrett--That is exactly as we
1T; and Notwithstanding that
the Judge found Uhat the conclusion Of the
registrar was erroneous, he did not direct
the judges of election TO strike the names
from the list. That, l said, was erroneous
and Illegal
Judge Apderson-But when we come to
the real point OF the case, it is "a neither in
a court of law, in a contested election case
inc court can count votes which were not
cast. held that it could not; and the
supreme court held the same.
MIR. Parrett-On the whole line Of
authorities l think you are correct. al
though the last congress held differently.
Judge Anderson-You can find in Ieeis-
latlVe bodies plenty Of cases holding the
other way.
The Chairman-It was the Republican
wing OF the last congress that held that.
ducge Anderson-In legislative bodies
these are many cases the other way. where
tue eZlgencles and necessities of party pol
it!cs often require decisions 10 oe made in
regard TO elections that would not be
deemed authority in courts of law. JUDGE
Cempoell OF Michigan, in a similar case.
says: There is no case 50 far as | have
Deeh able TO discover under any system of
Young by closed ballot, where it mas been
held that count could be taken Of rejected
votes And Judge Cooley says: 1--WE
nave seen that no evidence is admissible as
20 now parties intended to vote who were
wrongly prevented from voting.n
G furthermore, as affecting the result:
SUIT could be affected. There is u case cited
mere from Kentucky where the polls were
IIequlreo 10 De kept open until o'clock.
1hey We're closed at o'clock. and the
party who was declared elected had but
majority. After the polls were closed at )
J CLOCK Two men came and offered TO vote
VINO would have voted for tie other man
ana given him l majority. The case was
5aEr!ed 10 The supreme court Of Kentucky.
ana Inc supreme court held that those two
'otes could not be counted because thew
we're not cast o'
Mr. Parrett-I think that the line of
authority in judicial cases is unbroken, that
7otes cannot be counted unless thew are
actually in the box
Judge Anderson-But it is said: Are Won
lot holding Office obtained through fralIdu-
ent votes or through the fraudulent SIM
preston OF votes? OF course there ara a
lumoer of outside matters that do not an
pear on the records. For instance. in this
'ase 1t was alleged by Mr.. Aliens attorney
nat more than fifty illegal votes had been
'asV or Ina other man. But he did nor
'Ier TO t1le an amended plea, or to give anv
iotlce OF IL, until the morning the trial
began, and then l refused to admit evidence
u those nifty illegal votes that Were claimed
o nave oeen cast for Mr.. Ferguson. be-
ause the law required that three DAVIS,
iouce OF the plea should be given. So thar |
we go outside of the law of the case. ana
70 10 dealing In generalties, and imagining |
ninRs, good many things might be imag. J
neu. But TINS case has been held up as n |