The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-12
COURTS DECISION.
Continued from Page


|of all persons voted for. It futeEleg pro-
vide5 as follows: The presiding Judge
shall then pressed to open the hallpts
and call off therefrcm the names of the
persons voted for and the offices they
are Intended to fill; and the judges, Act-
irgs as clerks, shall rake an account
Of the same upon their lists; and all
the ballots shall Immediately be re-
turned TO the ballot box. and the bal
lot box snail be locsed On i securely
sealed
This section gives specific directions
how to proceed with the canvass. and
what to do with the Ballots aver the
same have been caavass5l. rs inien-
tons are mandatory, and tbs judges
CANNOT Intentionally or willfuily dis-
obey them without l0iag violence 10
their oatlas. The list OF all the persons
voted for which each jadge, acting as
clerk. is. by the terms IF the statute
required to. make, IS what Is known
as the tally list and Is distinct from
those mentioned in section y. 1T IS
incumbent upon the Judges 20 lock and
securely seal the ballot boxes after the
ballots have been returned to u.clr.
Section II reads as follows: After
the canvass shall have been completed,
the judges of election shall add UP and
determine the number of votes cast
for each person. for the several offices,
which result shall be placed on the list
made by the judges acting as clerks OF
the: election, and the judges shall
thereupon certify to the same, and for
ward all the lists. securely sealed to-
gether with the ballot box, TO the clerk
of the county court by a qualified
voter of the county, VINO shall, before
taking the same, take and subscribe an
oath to the effect that he will deliver
the same to the said clerk without I'M
necessary delay and that hesSwill use
his utmost ability to prevent any inter-
ference whatever Herewith, by any
person Whatsoever
1t will be noticed that this section
imposes upon the judges the duty to
determine the number of votes cast
for each candidate for Office. place the
result upon the list of the judges act
ing as clerks. certify the same, and
forward all. the lists. securely sealed,
together with the ballot box, to the
clerk of the county court, and they
must be so forwarded by a voter under
OATH for the law makes this q. prere-
quisite. 1t was evidently the Intention
of the legislature that the delivery of
the judges to such qualified voter
should be a personal delivery, made
without delay, and likewise the de
livery by him to said clerk, and this
to avoid unlawful Interference. Any
other manner or any other means OF
forwarding is unwarranted by law.
When all the lists and the ballot box
have thus been forwarded TO said
clerk, by the judges, their authority as
such election judges is at an end. Nor
have they any further responsibility
|
What Constitutes the Returns.
The lists thus forwarded are men
toned as returns in the next section OF
the act, and there has been much con-
| tention on the question as to what
| lists or documents constitute the cleo.
! ton returns. Counsel for the elatol
appear TO maintain that the tally
sheets or lists made by the two judges
acting as clerks, while canvassing the
vote alone constitute the returns
while counsel for the defendants insist
that the registration lists and judges
list mentioned in section II, togethel
with the tally lists, constitute the re-
turns. I am of the opinion that coun
sci for the defendants are correct II
their view on this question. The leg
islature evidently intended by the ust
of the word alp in the clause, "anC
forward all the lists, securely sealed,
to include not only the tally list bu
also the registry list, and the judges
list, in order that the canvassins
board, which would have charge of tbs
same thenceforth-if. in any proper
lease, it would become necessary Il
again canvass the ballots-might b,
placed in the same position, so far a
1.-THE, lists were concerned, as the judge
of election were in when they mad
the canvass.
I hold, therefore, that the registr,
list, the judges list, and the tally lis
constitute the returns to be Forwarded
as directed in this section.
Shall Break the Seals.
Section IS, Id, reads as follows: "Ol
receipt of the ballot boxes and return
Iof election, the clerk of the count,
court, in the presence of at least on
member of the county court, who i
not publicly known as a candidat
voted for at such election, shall breal
the seal of the returns, and all candi
dates may be present, as provided Il
section Is of this act, and said clerl
and member or members of the count.
court shall carefully examine the re
turns, and if no irreguIaTity or dis
crepancy appear therein, affecting tn
date, they shall, accept said return
las correct, but if the right of any per
son voted for, for any Office, is in ain.
way affected, then the clerk and sa,.
members of the county court shaI
open the ballots from said precinc
land canvass the same, SO far as to de
ternline the rights of the person who's
Office may be affected. They may ais
cause to appear before them any per
sons whom they deem proper. and TAX
their Testimony in relation to said cleo
ton. in said precinct This provision @
the law makes it the duty of the cler
Of the county court, on receipt of tn
ballot boxes and returns, to break tn
seal Of the returns, and he must q
this in the presence of at least on
member of said court and of all cand.
dates who wish to be present, and the
such clerk and member or members
said court shall examine the return
and accept them as correct, unles
| lthey show such irregularity or ddScrer
ancy as will affect the result of tn
election of any candidate. If such ii
regularity or discrepancy appear !
the returns then, to determine the rtgh
of the candidate whose office may b
affected, they shall open the ballot
kfor said precinct and canvass Tn
kan1e" Even in such case the openln
of the ballots appear TO be limited t
the precinct wherein sucn lrresularIe
or discrepancy exists, as shown by tn
returns When the returns show
case which renders it necessary fo
such canyassing board to open the ba
lots. it may summon persons before
to take their testimony in relation
lfha election. The power TO go benin
the returns and open the ballot boXe
in proper cases, for the purpose {
racounting the ballots, is expressly cor
ferred, .unon the clerk of the COURT
court and the members thereof:
Section ~. Id, provides as follow:
IF there shall be any disagreement
the returns, in regard to the number
vostesscast for any territorial officer,