The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-12-27
THE ISSUE TODAY.
Resume of the Pending Cases Before
Judge Bartch.

Today in Judge Bartch's branch of
the Third district court the cases Of
Kimball and Mcfarland, OF Weber
county; Smith and Emery, of Salt Lake
county; Page ct al, of Sanpete county,
and Gibbs ct al, of Box Elder county,
vs. the Utah commission, will be an
| gued.
The issue comes up on several writs
of prohibition and mandate. and as all
are Identical the several suits will be
argued and submitted at one time.
AS far as The Herald is able to as
certain, the points at issue are these:
First-What are the powers and du-
ties of the Utah commission in the
premises-that is, must the commission
canvass the returns in person, or must
it delegate this power to canvassing
board?
Second-If such canvassing board is
to be appointed, shall one only be
/ named to handle the returns from all
the counties, or shall a board in each
county be named and the returns sent
to them? ..-s 4l-.s
Third-What constitutes the returns?
What are discrepancies and irregulari-
ties, and when, if at all, must the can
yassers resort to the ballot boxes to
determine results?
These are all legal questions which
can be determined without any con-
dict OF evidence, and from the records
of the commission and the members
thereof, and the court will be called
upon to decide these issues and none
| others.
Without attempting to try the case
| before it reaches the eminent jurist
who will sit in judgment, The Herald
viii cite the law bearing upon the mat
ter at issue, in order to allow its read
ers range for speculation.
The enabling act, approved July Is.
1884, authorized and required the Utah
| commission to cause registration of
voters in the territory to be made
Onder the provisions of the laws of
the United States and the territory %
| and also provided that the election
TOR delegates 70 the proposed conven-
| uon Should be conducted, the returns
mace, the result ascertained and the
| certificates of persons elected to such
| convention issued in the same manner
as is prescribed by the laws of the
territory regulating the elections there
N OF members of the legislature
The commission performed its dutv
| in making this registration. Let 1Is
read further
BY act Of the territorial legislature
approved February %, 1873, chapter 9.
volume /. compiled laws of 1888, a pro
vision was enacted which provided for
| the registration of voters and the gen.
eral conduct of elections, and also
specified the qualifications of the office
holders. Under its provisions the
| Judges Of election are required "to
make their returns to the county
clerk, who, in the presence of at least
| 0ne member of the county court. who
IS not a candidate, is required to break
| the seals and carefully examine the
veturns"
III no irregularity or discrepancy an
pear therein affecting the result of the
election Of any candidate, they shaJ'
| accept said returns as correct; but if
the right of any person voted for, 70,
any office, is in any way affected, Their
the clerk and members of the COUNT
curt shall open the ballots from saiS
precincts and canvass the same so far
IS to determine the rights of the per
son whose office may be affected They
may also cause to appear before them
any person they may deem proper and
take their testimony in relation. to
! said election in said precinct"
Under the provisions of the Edmunds
Jaw, approved March %, 1882, all the
egistration and election offices of every
description were declared vacant. "an6
each any every duty relating to the
registration of voters, the conduct of
elections, the receiving or rejection of
votes and the canvassing and return.
ing of the same were required
to be performed under the existing
laws of the United States and of the
territory by proper persons, who shall
ne appointed to execute such offices
and perform such duties, by a board
of five persons to be appointed by the
President.
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 such
said returns and issue certificates of
election to those persons who, being
eligible for such election, shall appear
to have been lawfully elected, which
certificates shall be the only right of
such persons to sit in said assembly"
Section % of the Edmunds-Tucke1
law approved March %, 1872 provided
for the continuance Of the above ACT
regulating the powers of the Utah
commission.
1t will be seen from the fore.
going that the powers and du.
ties previously incumbent upon the
county clerk are in cases Of legislators
land the same rule by the enabling
act governs the election of constitu.
honal delegates) are vested directly
in the Utah commission itself.
While all other matters pertaining
II De- \