The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-12-16

The Utah commission met yesterday
at 10 a. M, A1essrs. Thatcher and Tat
lock being absent. After the usual pre-
liminaTies, the examination of the re-
turns from Salt Lake county was be-
gun. The commission footed totals m
I'll dinner time, aud adjourned until ?
o'clock with a view to checking up.
A Writ of Prohibition.
At the latter hour Deputy Marshal
Boman Cannon appeared on the scene
and served on each of the members of
the commission the following;
In the district court of the Third
judicial district, of Utah territory, Salt
Lake county.
Az. H. Gibbs and Peter Lowe, plain
kiff and applicant, VS.. The several mem
berS of the Utah commission, defen-
dants:
Alternative writ Of prohibition.
The people of the territory of Utah
tdf The above named defendants send
greeting: Whereas, 1t appears that
the affidavit of Charles Crane. on the
part of Peter Lowe and w. H. Gibbs.
that the said plaintiffs are citizens of
the United States; have resided in
y,
Utah, for over one year. next prior to
November Z, 1894, and are duly quali-
fed and registered voters of said coun-
~, that under and in accordance with
the provisions of an act of Congress
10 enable the people of Utah to form
a constitution and state government
and to be admitted into the Union on
an equal footing with the original
states the governor on August l, 1894
1lr,,,1
said act ordering an election of dele
gates 70 form a convention to adopt a
constitution for the proposed state of
Utah. SAID election was held on Tues
day, November :, 1894. The Utah COM
mission caused a new and complete
registration of voters of Box Elder
county, which registration was made
prior to and for the purpose of said
election. That in accordance with the
statutes, the judges and clerks in the
various precincts were duly appointed
and qualified and acted as such
IN said election in said precincts;
That in accordance with the statutes
an such cases made and provided. bal
uot boxes were provided for said cleo
Fon the keys thereof were kept, and the
pallet boxes used at said election, and
before the opening of the polls said
poNeS were carefully and publicly ex-
amlned, and the judges of election
were satisfied that nothing was there
in. the same were then locked and the
keys thereof were delivered to the pre-
Siding judge, and said ballot boxes were
not opened during the election, all as
. crowded by law, and that said election
was in all respects duly and legally
conducted. As soon as the polls were
closed the judges Immediately proceed
ed 10 canvass the votes. and continued
without Adjournment until same was
completed, and said canvass was in all
respects conducted and completed ac-
rording to law. That said Peter Lowe
and w. II. Gibbs were voted
Tor for the office of delegate
10 said convention as two of the
Tour appordoned by the act to BOX
older county; that said Peter Lowe and
w. II. Gibbs received a majority of the
FOtes cast for said office ait said cleo
tion, which fact was determined NV
laid canvass, and the results were
1aced on the list made by the jud ges
'cting as clerks in the several precincts
Of said county, and the judges there
upon certified the same and forward
ID all the lists. securely sealed, to the
Utah commission, in THE manner pro-
vided by law.
On receipt of said returns Of election
said Utah commission broke the seals
and carefully examined the returns.
That no irregularity or discrepancy ap-
aleared or appears therein affecting the
result of said election, or the result of
tGhe election of said Peter Lowe or w.
II. Gibbs, or of any candidate for said
office. but said Utah commission re-
fused and stall refuses to accept said
returns as correct. That the right of
any person voted for for said office was
mot in any way affected by said re-
turns. nor was any occasion to gopen
the ballot boxes from said precincts or
any of them for the purpose of can
Nassing the vote so far as TO determine
the rights OF the said Peter Lowe or
W. H. Gibbs. or Of any person to said
ONO, or any office. That there was no
disagreement in said returns either in
regard to the number of votes cast for
Lhe said Peter Lowe or W. II. Gibbs,
or for any Office in any other respect.
That after the completion of the cam
vase last mentioned said Utah COM
mission refused and still refuses to de-
clare the result thereof and refused
and stin refuses to make out a general
abstract OF the results of said canvass
and the election, and still refuses to
duly or at all certify to the correct
ness thereof, and refuse and Still re-
fuses to make a certified COPY of the
names of the persons voted for and the
number each received for said office
as provided by law. That said COM
mission refused and still, after demand
refuses to make an abstract of Box
Elder county showing the election of
said Peter Lowe and w. H. Gibbs to
said office, or to make the abstract