The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-10

Yesterday vas productive OIL Jsp4S
sensations in the Sanpete county cleo
zion case. The arguments proceeded
without any sign of anything unusual
until after the noon recess when Judge
; Powers resumed his address to the
: court on behalf Of the petitioners by
reading a statement prepared by the
Utah commission which The Herald
gives in full. The effect Of this state
ment is that the commission has ar
rived at the conclusion that the regis
FRY lists and poll lists from Sanpete
bounty are tainted with fraud. The
&yRimission comes out and meets the
issue squarely and straighuorwardly
and establishes the fact that whatever
fraud has been committed it was with
out the knowledge or conniTance OF
~ the commission or any of its employ
eeA The commission by it's action has
TulT INDICATED itself and cleared IL
self from any suspicion OF wrong do
ing. In view OF the circumstances the
commission Will issue certificates TO
he candidates for the constitutional
convention from Sanpete county who
have the majority of votes as appears
upon the tally sheets
The determination does not affect the
legal points involved, that is, whether
or not the commission mas the right
10 resort to the ballot boxes. and the
cases from Weber and Box Elder coun-
Ties will be governed by the law as il
shall be laid down by the court.
The arguments in the cases were
concluded and the issues submitted Il
ahe court. who will probably render hi:
decision tomorrow.
The hearing Of the Third precinc
eases is expected to commence today.
The statement of the commission al
read by Judge Powers, was not concur
red in by Messrs. Tatloek and Sher
man aud the former said ne knev
nothing about it and was not presen
when it was adopted.
THE STATEMENT.
The following is the full text Of tn
statement:
May it please the Court:
Notwithstanding any evidence tina
has been introduced in this case
Notwithstanding any insinuaticn~ O
charges made by counsel in the hes,
az argument, cOIorcd by partisan
bias. it - "a fact supported by tn
testimony that orr clients, the men,
berS Of the Utah Commission, hav
2 acted honestly and in perfect goo
faith.
They have desired in this inreSti
cation not only that the truth nc dc
velOpcd- but also that the statut
nBder which they act he cOnstrue
by The court and their powers dc
fined. From the very inception {
tho canvass for Delegates TO the Cor
stitutionaI Convention, they hay
acted with caution and circumspe,
fiOn and with n keen appreciate
of their OathS of office and the tru,
which they haFc been called upon I
execute. They called before the
lawyers, both Republicans and Den
ccrats. and took their advice befoI
they took any steps to refer to al
votes in the ballot boxes for I'll
purpose of determining the result
OF the election in San Pete county,
elsewhere. 1T was the upanimoI
opinion of their legal advisers, witt
out regard to politics, that undo
our statute the election returns col
Sist of the registry list with II
word s'votcd" marked opposite II
voters name: fhe poll list kept G
che day of election; and the tai
sheets in duplicate as made mp EFhG
she votes arc counted. They vTeI
also advised. that when there we
discrepancies between these bOOI
1&n5 lists which might affect the r
euIt of the election, TINT it BEGAN
Mduty of the Commission to reso
to- the ballot boxes and determiI
the true result from that ultima
authority.
They had confidence in the nas
who advised them and when the T
turns of San Pete county we
eg.ched there were found discre
ancies which seemed to render
imperative TINT they open the ball
boxes. They did not act hastily. Tn,
took no snap Judgment. Had th,
desired to do SO, they could ha'
issued the election certificates I,
fore any action could have be.
taken ia court. But they proceed,
with a deIiberation that BELTS
4 grave duty.
- 1T ia i'm evidence here, and il is Il
tact, ana ana authorized by n