The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-11-16


the baIloting ceased at the polls The
difference in the number of votes for
the respective candidates is small, but
supposed to be sufficient to elect Or
ange Seeley, the Republican nominee,
over Joshua Greenwood, his Democratic
competitor But protest is likely to
be filed against counting the votes for
Mr.. seeley. The grounds of complaint
are these:
Orange Seeley is Probate Judge of
Emery County. 1t is claimed that he
is therefore ineligible for election to
the legislature. The Utah Commission,
it is argued, can only give a certificate
10 the person who being eligible, has
received the highest number of votes.
If it can be proved that Mr.. seeley is
ineligible, the votes should not be
counted for him but should be counted
for the candidate who is eligible and
lawfully elected and he should re-
.ceive the certificate OF election.
We understand it is claimed on the
Republican side that a Probate Judge
is not a Federal official in the full
sense of the term, and also that the
Utah Commission have no power to
judge of the qualification of candidates,
but only to canvass the votes. Let us
see how the laws stand on this ques-
ton, which is quite important in view
of the political situation:
First, is a Probate Judge eligible for
election to the Legislative Assembly?
We think not. The Edmunds-Tucker
act provides in section nineteen, that
Probate Judges in Utah shall be ap-
pointed by the President by and with
the advice and consent of the Senate
of the United States The Organic
Act of this territory provides in Sec
ton eight, that mo person holding a
commission or appointment under the
United States, except postmasters,
shall be member of tn Legislative
Assembly or shall hold any office under
the government of said territory" Or
ange Seeley was appointed to his Office
by the President and therefore it is
pretty clear that if he held that Office
when voted for, he is ineligible for
election to the Legislature.
Now as to the powers of the Utah
n --.:.. Wiki. +1,o.- ora oIoso1x-
limited as to other matters in reference
to elections, it will b seen from Section
nine of the Edmunds act that they
have special and enlarged powers as
to elections for members of the Legis-
lative Assembly. This is its language:
1.-The canvass and return OF all the
votes at elections in said territory for
members of the Legislative Assembly
thereof shall also be returned to said
board, which shall canvass all sub
returns and issue. certificates of cleo
ton to those persons who. being eligi-
bic for election, shall appear to have
been lawfully elected, which certifi-
Gates shall be the only evidence of the
right of such persons to sit in such
assembly
This power was conferred upon the
Utah Commission SO that any ineligible
person should be debarred from re-
ceiving a certificate of election-the
sole evidence of a right to a seat in
the legislature It was specially di-
rected against polygamists, that such
persons might be prevented from max
ing laws for this territory, and the
authority to pass on their eligibility
was undoubtedly intended to be con-
ferred upon the Utah Commission. But
the language of the law is broad
enough to cover the whole ground of
ineligibility, and it would appear that
on so plain a proposition as that a
person claiming election to the legis-
lature was at the time of his alleged
election holding an appointment under
the United States, that body would be
in duty bound required to withhold
the certificate
The only person. then, who being eli
gible appears to have been lawfully
elected must receive the certificate,
and that can be the only evidence of
election. although the legislature has
the right to decide upon the election
and qualification of its members. But
with the ineligibility of the other con-
testant so clearly established that
body could not lawfully reverse the
action of the Commission.
If it had not been for one of the pro-
visions of law which we have cited, in
all probability w. K. Reid would have
been elected Representative from San
pete county. He was Probate Judge
there and just before the election re-
tired on that account, and the district
was lost to the Democrats. Not, how
ever, because the gentleman who was
substituted was not a good candidate,
but because the change occurred so i'm
mediately before the election.
The whole matter will no doubt be
fully canvassed and passed upon by
the Utah Commission and The Herald
would not have touched on the subject
until after the question had been Off
ciany decided but for the fact that
publicity had already been given tc
the question and the particulars. All
that is now desired is that the law