Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-02-25
srpnEnE COUNT DECISION.


Tho action Of the Territorial Supfomt
court. o. announced iu the NEWS on
Saturday, came to the honorable men
mall political parties with welcome
sound. Far and above the immediate
issuos Of the special contest which u
decided, it serves a. another notice 70
oil PEOPLE Of the worthy character OF
the American systom Of judiciary and
pfoclaims the integrity oi those o1llcd,
oven under partisan procedure 10
OCCUPY positions OF the highest im-
pof,aEco 20 the people as affecting
tholr rights and liberties. Ins por-
haps was O necessary announcement In
Wow Of prospective conditions in the
now State. There are four iudgcl on the
Supreme touoh. One, in the capacity
OF a district Judge, passed upon the
maudamus application In un ominonlIy
fair manner, rejecting every ozirrme
vlcw. HIS decision operating favor
ably to hla own political party he
Republican, in tho field Of PARTISAN
ship some hoped Tor or feared o. roversai
Of tho ruling. The remaining three
judge, who heard tho case ou appeal
were Democrats, and have dealt with
the iiruea In the same honorable i'm.
partial manner Upon tho questions
In dispute tho four judges orc pfaoli-
cally unanimous, and thelr decision Is
an emphatic declaration that lho law
and not parllsauship is paramount
In tho Supreme COURTS action There
lea powerful testimony Of the worihi-
nots OF tina, high judicial BODY 10 the
confidence Of tho pgphc. 10 %
notice that tho will Of 30 people 10
respected IN Utah, and That no CHI
oanory OF deceit will find support in
subvor,ing that will expressed % the
ballot box; II is warning 10 tfichsieis
and 10 inscriptions persons 20 keep
thoirhands OIL. In dealing with this nuo'
Jeot the NEWS has not had much 70
say. II has felt impollod on one or
two occasions, realizing the pressure
that would be- brought 10 bonr Tor par
tlaan purposes, 10 mnko some plain OK.
pressions regarding the principles Of
honor aud right that should be- upheld,
ana 10 which II know tho masses OF
Utahs inhabitants would give
their hearty support There u
has lstt tho matter confident that
Whatever the true intent Of the law,
tho Supreme court would give It tho
designed effect. From the standpoint
Of independent citizenship, apart from
any concern aa 70 which political party
shall control tho constitutional Con.
vsnton, wo wish 10 warmly commend
thV supreme court judges for the calm,
diapassioua,c, straightforward attitude
shoy have assumed.
The deoiaion glvea n definite idea NJ
90 what "a expected Of the Utah Com
miIi!oD. 10 quotes tho law regarding
thoir canvass vi election ToturnB, and
tayG
We think ,Iis means that tho judges Of
election shall canvass rho votes and maze
their return in tho manner provided uy
law, dlruut 10 tho Utah Commission. and
that they shall thcruupun proceed 90 cane
vAsH any such election in tho samu mAn-
nor that tho county court was formerly
required 20 do, That th0y possess tho
Same power that tho county clOrk and
members Of tho county court formerly
possessed, and mo- moro. Tho statute
clearly provides that che defendant board
shall issue 20 The mumbUr OF tho Legis-
laturo, and therefore hy tho enabling act
o. delegates 90 tho constitutional DOuFUu-
uuu, certificates OF election Co ihH pore
sons who appear 10 hnyO boon lawfully
elected, As wD have already soon, tAo
returns show th1t tho plaintiff appears 20
hav0 boon lawfully UIuctUi. Our cone
cluslou, therefore, ia that tho court prop.
orly found thofO W0r1 no Irregularities ur
Discrepancies affecting tho election OF tu1
plaintiff appearing upon thD fiHH ~ tho
returns. That thu court properly award
cd tho pUrImptury wit against Gao dee
Pendants commanding them 90 certify 10
thp pluintl'H election,
There the anals will rest; and tho
chief powora In tho discussion which
has gone on are In perfect harmony.
There have been mutual ruurimiuh,
lions among those who participated IN
thu details OF tho contest, chiefly
caused by lmpallenco aud the heat Of
debate. 1t 10 consistent now 20 lot
these pass 90 bygours, forgiven and
forgotten in tholr acrimonious cbBrag-
ter, ana that all concerned shall join
in good tooling Tor the general pros.
perily. Regarding any violation of
law in tampoTing with tho ballet
boxes or election returns, the RESPONSE
billy Tor dealing With that rest viii
with the proper department Tor appgo
pirate cotton.