The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-05

The arguments in the mandamus
sases Of J. D. Page. C. H. Larsen and
]. L. Jolly against the Utah commits
sion were resumed yesterday morning
before Judge Bartch. Attorney p. L..
Williams concluded his address
and was followed by Judge Pow
ers for the defendants and At
torney John NJ. Zane closed for the
petitioners, concluding his argument
about $3.50 p. m. after which the court
took it under Amusement Then the
( three petitions for writs Of prohibition,
TO prevent the members OF the Titan
! commission from canvassing the hal
)>lots in the ballot boxes or from going
behind the tally sheets to determine the
results OF the election of delegates to
the constitutional convention, were
commenced.
The petitioners in this case We're
Page. Larsen and Jolly, the same as
in the mandamus proceedings. The
counsel for the petitioners put in the
evidence Of Commissioner Tatlock as
given in the mandamus cases and then
proceeded TO examine witnesses from
Sanpete county who had officiated as
judges at the several precincts. At
torney 2. L. Williams objected to the
admission of testimony of this kind on
the ground that it was foreign to the
issue in question. Judge Bartch ruled
the evidence might be admitted for the
present subject to the objection. Six
witnesses were examined and from
their testimony it would appear that
the election in Sanpete county had
been conducted in a very sIip-shod
manner and. so far as appearance
goes, it would be most difficult mat
ter to state with any degree of GER
tainty which candidates had received
the highest number of votes and were
entitled TO take seats in the convention.
There are about twenty more wit
nesses of the same kind to be examined
in three cases, so that the proceedings
are likely to last several days yet.
Attorney 7. L. Williams Concludes.
The proceedings opened yesterday
morning by Attorney P. L. Williams
resuming his address on behalf of the
defendants. His principal argument
was made the afternoon before, and
now counsel confined himself mostly to
citing and reading to his honor legal
authorities bearing on the point at
issue and calling particular attention
20 the enabling act approved July Is.
1894, which authorized and required the
Utah commission to cause a registra-
ton of voters in the territory to be
made under the provisions of the laws
Of the United States and the territory
and also provided that the election
for delegates TO the proposed conven-
Tion should be conducted. the returns
made, 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
therein Of members Of the legis-
lature'
BY act Of the territorial legislature
approved February %, 1878. chapter g.,
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 ito
make their returns to the county clerk,
who, in the presence of at least one
member of the county court, who is
not a candidate. is required to break
the seals and carefully examine the
returns"
Of no irregularity or discrepancy ap-
pear therein affecting the result Of the
election of any candidate. they shall
accept said returns as correct; but If
the right of any person voted for, for
ssny Office, is in any way affected, then
the clerk and members of the county
court shall open the ballots from said
precincts and canvass the same so far
as 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
The Edmunds Law.
Under the provisions of the Edmunds
law, approved March %. 1882, all the
legislation and election offices of every
description were declared vacant, "ani
each and every duty relating to the
registration Of voters, the conduct of
elections, the receiving or rejection of
votes and the canvassing and return
II e of tie same were required
TO be performed under the existing
laws of the United States and of the
territory by proper persons, who shall
be appointed to execute such offices
and perform such duties, by board of