The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-01-01
WYONING'S CASH SETTLED
The Final Decision of the Su-
preme Court Handed Down.
A DEMOCRATIC SENATOR.
The Legislature viii Be Democratic
by Three Majority.
Governor Osborne VIII Be Iuducted into
Office on Monday Hanna Precinct
Was Counted Yesterday by
TIE State Board.

CHEYENNE, Wy, Dec. s1.-Fspecial. ]
The Wyoming supreme court rendered
q final decision in the contested Iegisla-
tive cases today, which was a sweeping
victory for the Democrats. The case has
been q complicated one. The Carbon
county canvassing board consisting of the
county clerk and two justices of the peace
was divided on the question of counting
the vote of Hanna precinct, the returns
from which contained several technical
errors.
The county clerk, Republican, sent
up the vote to the state canvassing board,
emitting the vote of Hanna. thus defeat
ing two Democrats, Bennett and Chap
man, elected to the legislature by this
vote The two justices of the peace are
Republican and Democrat sent up re-
turns which included the Hanna precinct.
The state canvassing board omitted the
vote of Hanna, thus defeating the two
DSmocrats, Bennett and Chapman,
clicked to the legislature by this vote.
The two justices OF the peace, q Re-
publican aud a Democrat, sent up
Cte-Anc " -lACA liCluAtA bD6 Ildnud DIt-
cinct. The state canvassing board. all
Republicans, accepted the returns of the
county clerk. The Democrats asked for
a writ OF alternative mandamus TO compel
the state board to accept the returns sent
up by the two justices OF the peace.
The supreme court was in vacation and
the republicans held that a judge of the
court had no power to issue such writ
during vacation. When the court con-
yened decision was rendered sustaining
the democratic position. In argument
before the court On the main question at
Issue the republicans contended that the
county canvassing board consist ted only OF
the county clerk with the justices as wit
nesses merely.
The decision of the court on the ques-
ton was with the Democrats and was that
the board consisted OF three persons, the
action of two forming II legal action of
the board, and that the eturns counted
by the state canvassing board vas not the
legal one. The Republicans then raised
the question of the irregnlarity of the
nomination certificates of Bennett and
Chapman, and declared that omission of
certain words in the certificates rendered
them invalid and barred the petitioners
from relief by mandamus proceedings.
4 decision on the point was made today,
the court deciding that while technical
irregularities existed in the certificates,
they were not of sufficient Importance to
invalidate them. In its decision the court
says: t'rhere is no provision of the
statute indicating an intent on the part OF
the legislature that the statute prescrib-
ing what the certificate should contain
and how 1t should be verified and is not
mandatory. and that a mere formal de-
feet, incapable of affecting the regular
and orderly conducting OF the election, or
its results, should invalidate an election
I'll such severe construction of the con-
stitution be adopted, cases will continu-
ally arise OF formal defects, harmless in
their nature and insufficient to have any
effect for good or i'll, but which will ne
cessitate new elections at considerable ex-
pense which the counties can i'll afford.
L cannot be presumed that the legislature
would enact any law intending any such
calamitous results. 1t is to be presumed
that the legislature intended to accom-
plish only what is reasonable and just
and for the public good. An opposite re-
suit VIII not be allowed Il it can fairly be
avoided. at least it will not be effected
by any doubtful construction of the
statutes. -
A writ of peremptory mandamus was
then issued directing the board of state
canvasscrs to count the vote of Hannah
precinct.
This canvassing board convened this
afternoon and completed the canvass.
The Official majority Of Osborne, Demo-
crat, for governor, is ], 7S1; for Coffeen,
Democrat, congressman, 461. The average
plurality of the Harrison electors is S53.
The legislature, upon the certificates of
the state canvassing board, viii be DEM
ocrats, a; Republicans, %. The Demo-
Gratis control the lower house by five ma
iority.
The are two contests in the lower house
which viii DE decided upon organization
In favor of the Democratic contestants,
which will give the Democrats the legis-
lature by three votes on joint ballot.
Acting Governor Barber states that he
will turn over all the effects OF the gov
ernor's Office to Governor Osborne on
Monday The legal fight on the part of
the Democrats in the cases before the
aupreme court has been conducted by
Hon. A. Campbell, who was United
States attorney for Wyoming during the
Cleveland administration.