The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-04

Yesterday morning in Judge Barton
division of the Third district court was
commenced the hearing Of the writs OF
amandate and prohibition issued against
NE members Of the Utah commission
On the petitions of ]. D. Page, Z. +
Larsen and J. S. Jolly, candidates Tor
election as members of the constitu-
+ional convention from Sanpete county.
The writs OF mandate were prayed for
l-fftcompel the Utah commission to issue
ce3tiacates of election to the three petit
TONERS who claimed they were elected
as Republicans by a majority OF the
votes and the writs Of prohibition were
asked for to prohibit the Utah commits
sion from going into the ballot boxes
md making a recount of the votes or
from going behind the tally sheets as
certified to by the judges of election.
The points at issue briefly were:
First-What are the powers and du-
ties of the Utah commission in the
nrenises-that is, must the commission
canvass the returns in person, or must
it delegate this power to a canyassing
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 sert
TO them?
Third-What constitutes the returns /!
What are discrepancies and irregulari-
ties, and when, if at all, must the can
vassers resort to the ballot boxes to
determine results?
Judge Bennett, for whose special
benefit the cases were continued a week
ago. so far has taken no part in the
proceedings.
For the petitioners there was great
array of counsel, including Judges Ben
nett, Zane, Miner, Hiles and Attorney
John NJ. zane, While the commission
was represented by Judges Powers,
Henderson and Attorney 2. L. VII
liams. Judge Henderson, however, was
h engaged in Judge Merritts court and
took no part in the proceeding.
The mandamus cases were taken up
first, only one witness for each side,
Commissioner Tatlock for the petition
ers. and Chairman of the Commission
Letcher, for the defense, was ex-
amined and the arguments opened by
Judge Zane and Attorney ?. L. Will
liams
The writs of prohibition viii be taken
up today. There are about thirty wit
nesses from Sanpete county VINO are
expected to testify in the prohibition
cases. On the decision Of these cases
VIII hang all the Others.
There was a large attendance of the
general public in court and all the mem
bers of the Utah commission were pres
ent except Commissioner Thatcher.
The Petitioners Open.
The proceedings opened few
minutes after 10 o'clock by
Judge Hiles stating that in the case
of J. D. Page he would present an
amended affidavit, which, according to
4 stipulation, will be taken to apply to
the cases OF Jolly and Larsen, all of
Sanpete county, and the answer in the
Page case will be taken as the an
swer to all the cases.
Farley /. Williams on behalf of the
defendants agreed TO this and the
taking of testimony opened, Judge Tat
tNIAN DElliS llE III OL H4b'AN1tP wiz hclS
e8Tfnined by Attorney John VI. Zane.
-eaave you the original tally sheets
of the election in Sanpete county ~
asked Mr.. Zane.
Witness replied that he had not, but
that Mr.. Letcher had them and that
ne would re in court directly.
Mr.. wiiliams-Mr. Letcher has nei-
ther been subpoenaed nor invited to
attend this hearing.
Commissioner Norrell-I have lust
telephoned to Mr.. Letcher at the Utah
commission and he will be here with
the required tally sheets in a few
minutes.
Judge Bartcl-Do 1 understand that
st is the case Of Page you are taking
up now?
Attorney zane-Yes, your honor.
Commissioner TatIoclx.
In the course OF ten minutes Mr..