The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-12
The Case stated.


of delegate to the said constitutional
convention; that the election for such
delegates was held on the 9th day of
November, 1894; that registration Of.
icers were appointed and. the election
conducted substantially as required by
law; that the ballots were canvassed,
the results declared, and returns for
warded by the election officers; that
the papers or documents forwarded by
said officers to the defendants consis-
ted of the poll list, Judges list and tally
sheets in duplicate; that the defen-
dants received the said returns and
canvassed the same; that the tally
sheets show the number of votes cast
at said election in said county as can
yassed and declared by said election
officers. and show that the relator, ac-
cordfng to said canvass, received a
majority of the votes cast, and show
no irl-egularity or discrepancy as to
the relator, on as to affecting his right,
or the right of any person. to the Of
fee; that the Defendants by compar-
ing the tally sheets with the registry
lists and judges lists, and by adding
together the whole number OF voices
cast and dividing the sum by the num-
Der of candidates, and then comparing
the result thus obtained with the re-
suits ON the registry and judges lists,
found discrepancies in said county
amounting to A votes, which were
more than the ma ority of votes in ia
vor of the re1ator as shown by the
tally sheets; and that the defendants
refused 10 issue a certificate of cleo
ton TO the relator after demand was
made, claiming the right to go behind
the returns and canvass the ballots.
The Powers and Duties of the Com
mission.
Under this stare OF facts and the
pleadingts in the case, it becomes nee
assary to inquire what powers the de-
PENDANTS may or may not exercise,
and What its duties are in the conduct
of elections.
The laws applicable to this case are
found in the act of the territorial leg
islature, approved February %, 1873,
ard in the act of Congress, approved
March %, 1882.
After the provision made for the reg
lStraton of voters, the said territorial
act. in section 9, provides as follows:
The county court Shall, at its first
session in June of each year, appoint
three capable anG discreet persons in
each precinct in the county, one at
least OF Whom Shall be of the political
party that was in the minority at the
last previous election, If any such
party there be in such precinct, to act
as Judge of general and special cleo
tons; and they shall designate one of
the persons appointed to preside, and
the other TWO to act. as clerks of said
elections" and then provide that such
persons shall he notified of their APP
polntment by the clerk of such court.
and how they shall qualify, and, in
case of a, vacancy, how it shall be
filled.
This section places the power to APP
point the Judges of election III the
county court, and section 10, Id. makes
II the duty of said court - provide the
necessary books. blanks, stationery
and ballot boxes for the elections. and
specifies how and with what material
the ballot boxes shall be made, with
what kind of locks and number oil
keys they shall be provided AMI by
whom the keys are to be kept.
Section II. Id. after requiring that
the county court shall furnish the
judges of election in every precinct
with envelopes, directing how they
| shall be made, provides, that: Before
opening the polls. the ballot boxes shall
/ &c carefully examined by the Judges
Of election, who shall satisfy them
| selves that nothing is contained
therein. 1t shall Chen be locked and
the key thereof delivered TO the presid-
not be opened during the election"
Under section i, Id. the Judges OF
| election, at the opening OF the polls
are required to direct one of the Judges
| acting as clerk to have in custody the
| registry Of voters, and to make the
entries therein required by law: and
the other OF tine judges acting as cierl,
| Is required to write the name of each
| person voting, and opposite to it the
j a.
This section authorizes the keepfne oi
two lists, one the registry list. which
contains the registration of voters ia
| be kept while the polls are open, by
| one OF the judges acting as clerk: thu
other The judges list, on which is tc
be written the name of each person
| Young, by the other judge acting as
clerk. This list is 10 be made up as
| the .Vo0hg progresses.
section -, Id, provides how the bal
lot shall be prepared by the voter. to
whom it shall be delivered, by whom
anu under what circumstances de-
posted; and section IA, Id. provides
that where a person has cast his bar
lot, the judge having the registry list
| shall write opposite the name of such
person The word voted and the other
judge acting as clerk shall write the
name of such voter, and the number
of the vote. The lists here referred to
are the same as those mentioned in
section u.
| Thus far the act deals almost en-.
tirely with the registration of voters
their qualifications and the manner OF
holding and conducting the elections
and of casting and receiving the bal.
/ lots. The requisites necessary to con-
sctitute an election lawful are clearly
and distinctly set forth.
| When the ballots have been received
| and the polls closed, it is incumbent
upon the judges to determine the re.
suit Of tine election, and the legislature
! has clearly indicated how this shall be
done
The Conduct of Elections.
Section To- Id. reads as follows: 'As
soon. as the polls shall be closed tht
| judges of election shall inmediatelS
proceed to canvass the votes cast al
such election. and continue without ad
ljournnent until completed" and Their
| provides that all candidates may be
! present, either in person or by repre-
sentative, to witness the canvass. aut
| that when two ballots are found in one
| envelope, only one shall be counted.
The judges must proceed with tht
canvass Immediately after the polk
i'have been closed. and continue withour
ntermission until completed. This pro
! vision is mandatory, and is evidently
Intended to prevent any unlawful inter.
ference with the ballots.
Section 1e, Id, specifies that iht
| Judges, acting as clerks, shall com.
! mence the canvass by comparing then
respective lists to ascertain the numbAi
of votes cast: that is, the registry lis
and the judges list, mentioned IN sec
ton u. Then the boxes shall be oper-
led. the ballots counted, and the judges
lacting as clerks, shall each make a lis
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