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

dSEeSln9It mare means an lfESgufdft-
ty or discrepancy which affects the
i bers Of the county court Shall canvass
4 tile votes as herein directed It seems
Iclear that the word Sheyeins does not
| simply refer to tlliis section, but also
/ TO the one preceding It. The word
vote being used in the same SEN
tence instead Of the word returlls''
also has an important bearing IN The
construction of this section OF the act.
! Doubtless it was the Intention Of the
legislature to confer upon the beard,
as thus constituted in each county, the
| authority TO canvass, in proper cases,
me ballots cast in such county, for
any territorial officer or for amy officer
whose election ~ affected by more
! than one county. While, however, the
lldw thus confeTs the power to canvass
the votes I'M proper cases upon such
board, regardless of the rank of the
Office. it restricts the powers OF the
clerk of the county court lii making
bout and transmitting certificates of
election to county and precinct officers.
tcertaficates of election to territorial
l0flcers, and to such officers whose
election depends on more than ons
county, Is conferred upon another Off
GER, as will be seen IN slibseuueut sec
lions in the statute. It is incumbent
upon such clerk and members of said
court, after such canvass has been
made, TO declare this, result thereof.
and under section 20, ID, the ibaiiotls
must immediately, after such inspec-
rHon, be returned into the oailot box.
winch must then be again locked ana
securely sealed, and $50 preserved frr-
ten days after the result Of the cleo
ilon has been s1eclared; = then irng11ed-
laosly aptsT the expiration OF the ten
Days said clerk shall, in the presence
ioI at least ONE member of tt11as csl1liltv
icouTt and Of such candidates as NAV
pc present, open each of the ballot
boxes and destroy all the bafIots con-
THREE H TO
tained ltherein.p When this is S1ene fs7e
clerk of the county COURT and tha
members thereof, have no further duty
70 perform as an election board, ana
the duties of such members cease al
/ 9ogether 50 far as such election lis con-
cerned; but the clerk Of said conrt IL
required under section 81, Id. .sag soon
as possible after the election has been
50 determined, to make out a general
abstract thereof in tripsicate, certify
70 its correctneSs, and then forward q
lcertified copy of the names of The per-
lScnS voted for, and the number OF
votes each has reserved for territorial
offices to the secretary of the terri
ltory; and to make other dtsrp5S ~ an
of the abstract as provided BY law.
/ The copy here provided for constitutes
1 the returns mentioned in section y,
Id, which IS the f5nly remaining per-
vision Of the territorial act necessary
Ito be considered in the decision of this
case: and it reads as follows: As soon
as all the returns are received by the
secretary of the territory, he shall
lin the presence of the governor, I'M
seal and canvass the same and make
an abstract thereof, and the secretary
shall, within ten days thereafter, make
Tout and transmit a certificate Of cleo.
ton to each member Of the legislature
and territorial officers elected" THE
isecretary's duties under this section
are simple. He has but to unseaI and
canvass the returns IN the presence OF
1.-THE governor, and make an abstraci
thereof, and make cut and transmit
1.-THE certificates of election within ter
days after the returns are received by
him He has nothing whatever to de
with irregularities or discrepancies 0l
with canvassing the votes, and ne car
only dsshIe certificates to territorial
officers, and members OF the legisia
ture. He must see, however, that tbs
returns are genuine. and made out a.
required by law. les
Four Classes of officers.
Thus from an examination of tbs
!, act of 1878, as ii was before the act O.
Congress took effect. it will be seer
that there is a, provision made for fou
distinct classes of officers and tina
each class is endowed with certain
special powers, and required to per
form certain specific duties. Thes
classes are:
First-The registration officers, who's
duty it is to register the voters. Tn
Statute constituted line assessors o
the respective counties such officers
with power TO appoint deputies.
Second-The judges of election, who's
.. duty it is to open the polls, receiy
! the ballots, close The rolls, canvass tn
IbaNots, declare the results, Certify an
transmit the returns with the ballo
box to- the clerk of the" county court
They are appointed by the count
court.
Third-The clerk ndnembers Of tn
, county court, acting as a. canvassin
: board, whose duty it is to canvass tn
, returns. declare the results thereof, anc
: in 1,roper cases, canvass the 'paliot
: and declare the result, and then sue
, clerk must then issue certificates Z
: election to county and precinct ON
cersg and forward a. certified copy c
: the names of the persons voted for' an
: fine number of votes each has receive
: for territorial offices TO tine secretar
= of the territory, and, at the time spec
ed in the statute, destroy the hallo
: Fo1lrth-The governor and secretar
> of fine territory; and it is the duty {
! e,he secretary of the territory TO cal
! va.ss the returns for territorial otticer
+ SO transmitted ITO him by the clerk {
the county court, in the presence {
= fToe governor and issue certificates
: all territorial officers. including men
beers of the legislature.
Having thus Indicated my concll
: .ions as to the powers and duties {
: election officers, and as to What COZ
L e,t6itlltlas the returns under the act (
4 1873. one of the most Important que.
e tions yet to be entertained in this ca:
e iis. how and in what, respect its pr
o visions are modified or changed by tt
e act of Congress approved March 2
: 1882, known as the fEdmunds law"
n The Edmunds Law.
! Section of this act, so far as mate
? iaI here, provides as follows: ''Tyhs
all the registration ana election office
of every description in the territory
{ Utah aJre hereby declared vacant, an
: each and every duty relating TO III
q registration of voters, the conduct
t elections. the receiving or rejection
e votes, and the camvassing and, return
S ing of the same, and the issuing I
e certificates, or other evidence Of ele
g ton in said territory, Shall. until otht
o provision be made by the legislajtil
y assembly of said territory as is her
e matter by this section provided,
a performed under the existing laws
r the United States and of said terrltor
: by proper persons who Shall be az
= pointed to execute such offices ar
y perform such duties by a board of fly
\ persons, to be appointed by the Pres
u dent" etc. Under this section all III
. election Offices, created by the teri
Il torial act Of 1873 were declared W
: can't, and the President of the Unite