Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-11-21
HEARING CONTESTS.
The Gro.ngOod.SaeIey Case Before
tho Utah Commission
SANDY, CONTEST Is SUBMITTED

sAyuY,s CONTEST Is SUBMITTED.
lloiyoak', Peculiar Protest Result,
10 More Counties. The Cantas
Almo,, Completed
The nr.t official action OF The Utah
G. mm.tslon today was the pH1Hu ui
tho following resolution appointing
Judges tor the school elections "Jf.
dorsd, that the judges Of elccHlu O.
conduct the general election ON Nov.
Z, iaD3. iu ibc several precincts Of tho
ciub OF L.gau, Ogden, Provo aud
The Judge. ol Pou No. 30 tus several
precincts OF salt Lake Ci,y $50 hereby
authorized anu directed o. CUnlug. the
school election in their srv..al rft-
uiucis 90 bo hold Decunber %. 1903, vt
such place lu their respective Itc.ul,a
ns may DB provided by thc u.ufi OF
education %. said cities respectively, 10
canvass tho votes cast anu make rs-
turns thereof 90 O. G. Richards, score.
tary Of THIS commission, who s hereby
appointed 90 canvass the rctuf.a ui sail
scho5! elections nud Issue certificates ot
election 20 those ptftons WAC, being
eligible Tor such election, shail appear
to have been lawfully elected"
q4E crSouooL rLrcuoN.
Tho Utah Commission hs1 decided
10 assume control 90 the election TO
take place Ina this oIty on December d,
Tor members OF the city board OF ciu.
G ton. This conclusion lBH been
reached upon the following if1m Judge
Judd:
no the chairman aud members OF tho
Utah Commission. GHnNumuI-At
your request 1 have vEumi.ad the
-iatutca Di tho Territory, mainly the
school law enacted by tho lsg.slaturU
| iu 1890, aud that Of lsI2, GA have
come TO the conclusion tnnl it IN prob.
ably the duty Of the Unn Commission
10 provide Tor holuiHg the election .at
school trustees, under The law Of 1902,
AMI Tor announcing Autu0utstlvcly
I the results % tu'h election. The sub.
| juot ia not altogether clear OF doubt, bat
/ I nm Inclined 10 the opinion tnat the
/ law uf 1899 was Intended 90 cover tho
whUls subject, In fact such SCENE 20 be
/ apparent from reading the law, o. we'll
~ from tho li,.1 Of tho act, anu, u thia
be NO, then not providing any muchin.
ery Tor tho election, " the commission
| fail 10 hold the tlt elton, there could be-
nOso legally hello. II Is saisst 10 r..
solve all doubt In favor OF the power
| Of tho commission, because thgt VII!
/ not be- qurs,i1ueu and it, authority
will DO acknowledged by all con.
ourned. Respectfully,
United States Attorney tor Uuah.
GREENWOOD vs. ssELEY.
Tho fret contest 10 como up before
the Utah Commission today was that
Of Joshua Greenwood, Democrat
against Orange scrluy, Republican, IN
tue Ninth Council district. This h
tho case where hir. Greenwood pro.
tested against thr Issuance OF tho Ger,
ufCnte OF election 90 Mr.. setley,
though the latter received majority
Of the votes cast, Tor the reason thai
Mr. Sseley was Ineligible by reason OF
his holding an ullicu under Federal
appointment. Tie contestant nisl
asks that the certificate OF election be
given 20 him. MI Srolry'H answer
WAS that he was not ineligible, because
be had resigned the Olllcc Of prObat,
Judge Of EmrTy county before the day
Of election.
Durue The hearing there were ures.
ont Attorneys 4, l., Williams, h. 3.
Richards, q. w. Bennett, Arthur
Brown, thu parties in the various con.
ttals, and Olhrrl.
Before beginning the osse the follow.
ing stipulation was iileu: "JOshua
Greenwood W Orange Seelry; Il f.
hereby Agteed between the above con-
lestnuts that Orange Souley has, since
November 7, 1898, mot with the coun.
~ court OF Empry county and per.
formed the dulles Of a member OF said
court"
Tho enlargement for MIR. Green.
wood was matte by Attorney A. Il.
Schroeder. He c1utended that Judge
5teley's resignation was not in force
until II had been accepted, and ~ this
was not done prior " the election a.
was therefore Ineligible 10 become d
msmbur OF tue Legislature. Mr..
Schroeder further argued that, Mr..
SOoley being Ineligible, tue certificate
must be- Issued 90 the person who, be.
log duly qualified Tor election, received
the highest number OF yOtes, though
that number was lees than was cast fOT
an ineligible candidate.
Attltney u. W. IatOuk followed.
Before his argument was begun, how.
ever, a telegram from tho Uni.ed States
attorney grntral 10 Charles Crane,
chairman OF the Republican territorial
committee, stating that Judge broley',
resignation hud teen July received
ana filed was presented. Mt. Tat
lock, IN his argument, IN
sisted that MI Stui0y'a resig.
nation was In force from the time
IL was sent 10 the PRECEDENT. Ht
further held that as the tim,
Of assuming the duties Of a Legislator
was vet some WUpKs distant, 10 Mr..
sesley had not resigned yet ho could
have done NJ in the intervening time
and be eligible as legislator. Tue
questlOn OF eligibility, he insisted, came
up at tho time N qualification or NJ.
tempted qualification for The second
office; anu not "a, the time Of the cleo
ton. Tue people could vote fUI
whom thew pleased, tut when the time
Tor taking tie 0aLh ot office came, u
person VINO was ineligible could not be
allowed 10 take H. Regarding The
right 10 resign, Mr Iaii3cs argued
I q 4.