The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-05
KEEP WITHIN LEGAL ROUNDS.

The appointment Of a committee on
credentials only, by the delegates to the
convention at its preliminary orSani-
zation, was quite proper. The commit
tee proposed by one gentleman would
have been Of doubtful authority even
in the regular organization, seeing that
the enabling act confers no such pow
ers on the convention as those which
the motion contemplated. But be that
as it may, the utmost such commit
tee could rightfully do at this incipient
stage of the convention, was to pass
upon the credentials which the dele
gates bear, and they consist Of the GER
tifeates from the Utah Commission,
which, under the laws of Congress, are
"the only evidence of the right of such
persons to a seat" in the convention.
The purpose of the attempt to ap-
posed was undoubtedly to take up the
question of the Third precinct eandi-
dates That this was beyond the
power of the convention n it's incipi-
ent condition must be clear TO all who
have closely investigated the question
But when the convention is fully or
ganized, can that matter be investi-
gated by a committee of that body?
Opinion is divided upon the subject.
1t is conceded that no such power
is invested in terms in the convention.
But it is contended that all legislative
LoI;oc Lo,,n +I,o ,;<.I,+ h ~ oe, ,,,,1,, Al =,
elections and qualifications of their
members. Against that it is urged THAI
this right is not inherent. If so, there
would not be any need to specify it
as is usual when 1t is intended that
it shall be exercised. That power Is
specifically granted TO the Utah legis-
iature in the Edmunds act, after the
clause. which makes the certificate of
election the sole evidence Of election.
But no such provision is made in the
enabling act authorizing the constitu-
tionaI convention. It Is, therefore, be-
lieyed by very able lawyers that the
powers Of the convention in this re-
spect are limited to those which are
comprehended in the action Of the
committee on credentials.
But, however, that may be, we sug-
geSt another consideration; The Third
precinct of Salt Lake city is not yet
out of the courts. It is proposed by
counsel for the Republican candidates
10 move for dismissal Of the prohibi-
ton case that it may go properly be-
fore the Utah Commission. If the
court should grant The application, and
after the canvass by the Commission
certificates should be withheld or
granted to the dissatisfaction of can
diaates, they Will still have their rem
edy in a contest before the courts In
any event, until fhe certificates are is
sued, the right of the convention to
pass upon the claims of contending
candidates is to say the very least, ex-
tremeIy doubtful. In our opinion it
does not exist.
It Is 60 be greatly regretted that
this condition of affairs confronts the
convention. But the fault should. be
cast where II belongs-upon the pro-
motors OF the litigation which has
caused the trouble And the conVen-
ton should be careful TO act legally
and within the lines of its legitimate
authority. Lest by haste or excess of
zeal it may imperil the validity of its
proceedings, and so encourage those
who would. if they could. make all the
work of that body null and void.