The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-11-18

said Office he was not eligible thereto
and that he could not at the time OF
the said election be legally voted for
as such candidate. for said Office OF
| place.
BY reason of the foregoing facts, the
undersigned respectfully ask that no
certificate of election be given to the
| said Seaman, and that after a hearing
be had, and the facts shown, that his
election be declared invalid and that a
new election be held and so ordered by
your honorable board.
Respectfully submitted.
CHARLES CRANE,
Chairman Republican Territorial Com
| mittee, Utah
PETER LOWE,
BY E. w. Tatlock, Attorney.
When this was presented, a question
was raised as to whether the canvass
had not been closed when the totals
were cast up on the tally sheets, but
this was ruled on adversely. No date
has yet been decided upon for the
hearing.
It viii readily be seen that there is a
distinction between this case and that
of Mr.. Seely, who holds his commits
sion directly from the president, in
that Mr.. Seaman was appointed by. the
commission and received his commits
sion from that body. His Office, on the
other hand. is held by virtue of the
Utah laws. He is essentially holding
under the territory, the other under
the United States.
Hugh M. Dougall, by fling protest
against the seating of Alex Robertson,
has brought up a nice point for the
commission TO decide upon. The pro-
test is as follows:
DOUGALL VS.. ROBERTSON.
The protest of H. NJ. Dougan reads
as follows:
In the matter of the contest of the
election of members of the House in
the Eleventh legislative district; 1,
Hugh NJ. Dougall, one of the candi-
dates and contestants for the office Of
member of the legislature from said
district, do hereby object to the count
ing of any votes from the precinct Of
Mapleton, in said district, for the fol-
lowing reason:
When the Eleventh legislative dis
trict was formed, the Mapleton pre-
cinct did not exist. About two years
ago, to-wit: on March "a, 1892, and
since the districting of the territory
by your honorable commissioners, the
county court of Utah county created
the Mapleton district out of what was
formerly a part of Springville and a
part of Spanish Fork precincts the two
parts Of said precincts being blended
in the one new precinct, Mapleton
Spanish Fork wes prior to that and
is now a part Of the Twelfth legisla-
tive district. and the vote thereof be-
longed to that district The vote with
in that precinct had no right to vote
within the Eleventh district until your
honorable commissioners should change
the boundaries thereof. By the act of
the county court a new precinct was
formed All the votes cast therein
have been included and counted with
and as a part of the Eleventh district
at the election held on November Z.
1898. Many of them, probably more
than one-half. had no right to vote
for &. member of the legislature for the
Eleventh district, and are not resi-
dents of it. There is no way to de-
termine how many voted or how they
voted, of those who lived in the other
district
I therefore, as a candidate for cleo
ton to the legislative assembly from
said district, and believing myself law
fully entitled thereto, object to and
protest against the counting of any
votes from Mapleton precinct.
I add hereto the original resolution
adopted by the county court of Utah
county, showing the formation of said
Mapleton precinct.
HUGH NJ. DOUGALL 5.
The county court resolution referred
to accompanies the protest. as does
also a plat of the precincts These
show that about two-thirds of the pres
ent area Of Mapleton was formerly in
Spanish Fork and the remaining one
third in Springville
When the precinct returns came in.
Mapleton was not listed in either the
Eleventh or Twelfth representative dis
trlcts inquiry was made as to what
precinct Mapleton formerly was a part
of. and on the assurance of J. B. MIL
ner, OF Provo, Democrat, that it had
been taken out of Springville precinct.
1t was listed in the same legislative
district as the latter place If the
statement had been made that MapIe-
ton had been made out of Spanish
Fork precinct it would have been
counted in the Twelfth district, where
the result would not have been affect
ed The commission state that at the
time they had no idea that a portion
had been taken from Spanish Fork pre-
clnct, IN separate legislative district
With Mapleton in the Eleventh dis
trict, Robertson has a majority of
votes; with it in the Twelfth district.
Dougan would have a majority of 26
NOtCc. 1 he precinct STOOD, Robertson
D., ~; Dougall, R., 49,
Mr., Robertson was not present at
the time the protest was filed. so he
was notified, and the hearing was set
Tor 2 p. m on Saturday, Nov. IS.
The muchly veHing contest over the
Sandy middle will be settled in the
courts
The canvassing board, consisting of
Messrs. Cherry, Lett and Wells. ran
great many returns on mn
nicipal ard county affairs, and are pro-
crossing nicely with their heavy
counts They will probably take IN
the Utah county returns and those of
this county today.
NINTH COUNCIL.
In the Ninth council district. embrace
ing the wool growing portion south of
the central part of the territory. the
Republicans have elected their candi
date, Orange Seely, by a majority of
1875. but 1t is an open question whether
he viii be seated. The district in which
he IS elected is one that is naturally
Democratic and one that will go for
that party under normal conditions.
The majority given for Seely came
through the activity of the Republi
cans and comparative inactivity of the
Democrats. The following are the Off
cial figures: