The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-10-22
WHAT IS ..fERsoNAL SERVICE ..

The action of the Utah Commission
in reference to the hearing of objec-
lions to the right to vote, has caused
some commotion among citizens who
are knowing to the schemes afioat to
aid the Liberal cause.
The law provides that, "the person
making the objection shall serve. or
cause to be served, said notice on the
person lobjected to. and shall also
make returns of such service to the
justice before whom the objection
shall be heard" Under the laws of
Congress the Utah Commission have
appointed the person to act as Justice
to hear objections, and notices have
been filed with him.
The difficulty in view arises over
an opinion of the Commission which
is given to regulate the registration
officers in regard to this matter. and
is as follows:
The Utah Commission are of the
opinion that the objections should
specify the ground thereof, and should
be made separately as to each person
objected to, and actual personal service
should be proved by the affidavit of
the person making the same unless
served and return thereof made, by
an officer authorized by law to serve
process, and at least three days notice
should be given.
Now, if by actual personal service
is meant that the individual must be
found and the written notice required
by law must be placed in his hands,
then the purpose of the law will, in
a great many instances, be rendered
void
During the office registration many
persons obtained a place on the list
by giving fictitious places of residence,
some of them vacant lots, others
houses where they never resided at
all, and some at which they simply
stayed over night for once. Quite a
sprinkling of them named as their
residence places known as houses of
i'll fame, and inquiries have developed
the fact that they do not live there.
In some cases the persons registered
have gone out of the territory, in
others they have left the precinct and
many of them cannot be found.
If actual personal service is to be
understood in the way we have men
toned, it amounts in these cases to
an actual impossibility. The names
of these individuals will remain on the
lists and while they. or persons selected
to represent them may be challenged at
the polls, that will be a cumbersome
method, and the law was framed with
the view to the striking of the names
from the lists of all persons who do
not have actual residence in the pre-
cinct where they might offer to vote.
From past experiences and present
indications, it may be expected that
big Liberal efforts will be made to
rush to the polls hobos and other
transients who have no more right to
vote in this city than have Hottentots
or Figi Islanders. Every citizen who
desires municipal reform is inter
ested in securing a square, honest
election. All frauds ought to be pre-
vented as far as possible. When dis
covered illegal voters should be Wig
orously prosecuted.
But the present question is how shall
the law be conformed to in spirit and
in letter? This, it SENS to us, may be
answered by the act on Civil Proce-
dure, which provides that service of
a summons may be made ION the de-
fendant personally, or by leaving
certified copy at his usual place of
abode, with some suitable person of
at least the age of fourteen years.
This will answer the end of the
law, if not the requirement of the com
mission. Which is to prevail? From
the wording of the opinion of that
body the inference may be drawn that
if the notices are served by an officer
authorized by law, the service may be
performed in the usual way. If that
is the meaning, let the notices be
placed in the hands of an officer of
the law and returns be made in the
manner provided by statute, as we
have quoted above. But why should
service by leaving the notice at the
usual place of abode" of the defend
ant be sufficient if performed by an
officer, and be insufficient by a private
individual if he makes the required |
affidavit?
All that is desired in this mater is
the prevention of Illegal voting.
should be attempted with a |
view to obstructing any legal voter
from casting his ballot on election day.
But the registration, in considerable
by men who have given