Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-09
BOXES TAHPERED WITH
Unknown 10 tho Commission or lis
Employees.
CERTIFICATES WILL DE ISSUED
10 Republican Delegates In sanpeto
Had tho Commissions suspect.
ed tho Fraud. They would
Not Opened the Boxcs.

There was considerable Of q aeusa.
ton IN tho Third district court thiu
afternoon, upon statement there
presented by Judge o. w, Powuts,
a. counsel for the Utah Commits.
sion, in which Il ia practically
admitted that they are convinced
that there has been fraud committed
In connection with the 5ag.
pete county ballot boxes. Thc1o
were tempered with unknown to the
Commission or to any Of It's omployea,
aud the revelations In court were q
complete surprise 10 the Commlsalon.
Had that body suspected anything Of
the kind, tho boxes would not have
been opened by them, and now
that they have discovered the
fraud, thoy come out in plain,
straightforward, square statement, an.
nounoing their intention Of Issuing the
certificates to the persons whom the
returns from tho judges Of election
show to have been elected.
Whatever fraud has been com.
mitted was without the connivRnce
Of tho Utah Commission, which is by
this action fully vlndioalsd and cleared
" any faint Of suspicion. The state
mont by Judge Powsn was rs fol-
lowE
Aioya Please ne Court
Notwithstanding any evidence that
has been introduced In this case, not
withstnnding any inalnuations or
charges made by counsel In the heat Of
Argument, eolored by partisan bias, It
IA met supported by the testimony
that our clients, the members Of the
Utah Commission, have acted honestly
and In perfect good faith.
They have desired In this investiga.
ton not only that the truth be devel-
opod, but also that tho statute under
which they act DO construed by tho
court and their powers defined. From
tbs very inception Of the canvass Tor
delegates 10 the Constitutional Con.
veution, they have acted with caution
anu oiroumbpeetiOn and with keen
appreciation OF their oatha OF ofiice
anu the trust which they have
-
They called before them lawyers, both
Republicans and Democratic, anu took
their auyice before thoy took any steps
to refer to the votes IN the ballot boxes
TOT the purpose OF determining the TO.
suits ofthe election In Sanpetu county,
ot elsewhere. IL was the unanimous
opinion Of their legal advisers,
wllhoutn regard to politics, that
under our statute the election re.
turns consist OF the registry list
with tho word "yotedn marked oppo.
site the voters anne; the poll list Kept
ON the day Of election and the tally
sheets la duplicate as made up when
tue vote6 are counted. They were also
advised that when there were dis
erepaneies between these books and
lists which might affect the result OF
Tue election, that It became the duty
Of the Commission 10 resort TO
the ballot boxes and determine the
tTua result from this ultimate authority.
They had confidence In the men
who advised them, aud when the re-.
Turns OF SanIete county were reached
mere we're found discrepancies, which
seemed to render II imperative that
they open the ballot boxo9. They did
not act hastily. They took no snap
Judgment. Had they deBlreI 10 do 10,
they could have Issued the election
certificates before any action could
nave been tak0n In court. But they
proceeded with the delibeTRtion which
bonefita 90 grave duty.
II In In evidence here, and II Ia the
TACT aud 1 am authorized by my clients
10 40 state, that they had no evidence
ana no suspicion even that there was
probability or even u possibility that
Tue returns from SAnpeto county were
laintod in any degree. They have lie
Anod attoDtiVely 20 the testimony here
given and they state upon honor, that
such testimony had been before
lhemi or that they had amy suspicion
mat the relurua had been tampeIed
with, they would never have gone boz
You'd the tally sheets but would have
cast up aud certified the result as there
appears.
The Commission had agreed with
Judge Jacob Johnson, Of SsHpele
county, the chairman OF the Republi.
Gan COMMITTEES for that county, that
no board would visit that county and
Lear testimony prior 10 declaring the
,,tult OF this election IN that county,
IhtHe proceedings In court prevented
tuoh cOurse,
They arc confident that no mem.
yer Of the Commission or clerk or en-.
lloye OF that body 80 Ia any way TO-
9pohslble for any changes made upon
tho felurne. Whatever WAS done was
qohe before the EegurnB reached the
oAh Commission, as the board has
''sFy reason ~ believe. They are