Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-11

opened, the ballots counted uni ths
judgCg, acting a. clerks, shall usCu
make lisi Of al persons voted for. n
iurthor provides as follow; "rhu pro.
siding Judge shall then proceed 30 opou
the ballots and call Oh thufolrym toe
names Of the pcr,OnB voted ior,Bud the
liicus they ate Intended to ON; aud the
JuugUl, acting gg Clufks, shall cake Uu
account Of the same upon their ilslf;
and All the ballots fundamentally uU
returned 90 tue ballot box; and tho
ballot box shall be looked and securely
sealed"
Tnis section gives specific directions
how 30 proceed with the Cauvara, aud
what 20 DO wIta the ballots inter tue
same have been Cauvasstu. lH inluu-
lions are mandatory, and the Judges
cannot Intentionally Or wliuliy dis.
obey them without doing violence TO
| LhtiF Oaths. The list OF 40 tnc persons
| voted iJt which each judge, aching uH
/ clerk, is by the terms Ui "a. statute IT,
guired 10 IN Re, ia What h. known a.
/ tue tally list nud h. distinct from those
mentioned IN section ~. ilisiucumu-
/ Uut upon the judges ~ lock und no.
| cufeiy seal The ballot boxes HilUr the
ua.l0ts have been roturuoI 60 .uum.
Section II reads ~ follows; HAuur
] the canvass shall have brru completed,
| tho Judges OF election shall aid up anu
/ uctugmiuu tue number OF vOtgB cast llr
| each person., Tor the several offices,
/ when result shall be placed on t4e list
/ made by tue judges actin. a8 clerks
VI tnu election, anu tho JuI sus shall
! lhufcup1u cuftiiy 20 the same, ANA lDr-
| warl sil the lists securely sealed, To-
/ ECtncr with tile ballot boz, 10 the clerk
Ut the county court, by % qualified
voter OF TIE cUuaty VINO shall bIilru
taking tho sans take nnd subscribe ul
UAlh 10 the effect that hu will deliver
! the same O. tue said clerk Without nu.
| necessary delay, ami That ht Will use
hla utmost ability 10 Prevent als
Interference Whatever herewith, Uy
any person whpttUtvUrn
IL Will be- noticed that tula section
Impose upon the judges tho duiy to
Io,tfmiuU tue number OF votes cast
.Or each candidate Tor rilcc,
place the result upon the lists
OF tho Judges aoliuR as clerks,
| certify the same, anu forward all tAu
Ista, securely sealed, together with
tho ballot uO2, b the clerk d the
county court, aud they must DC sl for.
| WnIIrd by "a voter under oath, fr tnp
law makes this a prur quisl,u. 40 was
| evidently tue Intention 8I tue Ls.ial..
tus1 that the delivery by the judges tU
| HuCl "quaiiigd v0tvtn HlOulI uD U
| lCfaInal delivery ml4n without delay,
agl iiauWlUu tau delivery by him 10
said rlgrl, Hud this % avoid unlawful
/ Interference. Any UtAur manner Ur
any other means " forwarding b.
uuwarrantod under the law, Whom
uli thg lists HuI the ballot box have
thus been forwarded 90 said clcfG, ~
the Judges, their authority a8 auuu
| election Judges Do ut au emit. Nor have
| they any usgucr responsibility.
Tue lists thus fOtwarIgd'urU men
N1utd a. returns iu the next uuUuJu OF
Tue act, aud there has bueu much C1u-
,ouu0n ON the question ns TO what llslB
or documents CInatitutu the 0lcrtl1u
returns, Counsel Tor the felatof ap.
prlr ~ maintain that the tally 1hrct
% lets made by the two judge, acting
10 CLERKS, while CAuvgttIug tho vote,
alone constitute the returns, while
council Tor defendants iusIH! that the
registration lisls aud lu1geJ iist men.
uuaul IN section II, together wiki tue
tally lisls, constitute the returns. / am
OF tho Opi 4i0u that counsel fJT the de-.
iUnInutH are correct In their Wow On
this question, The legislature Cvl.
IDENTIFY intended by the usB % the word
"all' Ia the Clausf,i "uud forward
all the. Hats securely sugled," 90 iu-
CIIdo no. only the tally list bat nlsO
the rggiglry Nti, aud the Judges llHt,
Iu order that the CNuvHHing board
which would have charge OF tue SAME
theuco'utih-.ih in any proper ease, 90
| would become necessary 90 again eau
v1HthU uAllJN-miEht be- placed Ia the
/ same pusiN.u, -O Tar n1 the lists were
| concerned, Hu Tue iudgCs OF election
! were iu Wuen thcy made tue canvass.
4 hold ths,ui0rr that tue registry list,
the iulyu' net, AMI tue tally liHl con.
HUtutpl tus returns 90 be- forwarded uH
directed On tuis section.
Section rs, Id, reads as iJiloYs: "On
| receipt VI the ballot boxes aud returns
Of election, the clerk OF tho county
! nluTt, lu the ptetonce OF nt ieaat one
| member ui tho county court, who is
not publicly known as candidate
voted Tor 40 such election, shall break
tho seal o! tho reiurus, aud all CluIl.
dates mRy DO pfusent as provided ia
section 10 OF this act, anu said clerk
rud member or memOefs OF the county
court shall carefully examine tho re-
turns, and II no irregularity or dllcTyg-
uncy appear thurein, Hu,Utin.
the Tou,t OF the election OF
any candidate, they shall accept
said returns 40 correct, nut 10 the
right Of any person y0,oi for, for any
oiuce, 10 In any way affected, then tho
| clerk and said members " the county
court email open the ballots from said
| precinct ami canvas tho same, 10 lar
~ 10 determine the rights Of tho per.
fOn whose office may DO affected.
they may also cause 10 appear before
them any persons whom they deem
| proper, ANA take their testimony In
relation 10 said election, In SAID pre-
oinct," This provision of the law
makes II the duty Of the clerk OF the
county court on receipt u the ballot
/ blEuH and returns, 10 utegk the seal
| NJ the returns, anu he must DO this In
! the presence Of at least one member OF
said court and OF all candidates who
| wish TO DO present, and then such clerk
| ami member or medbetH Of said court
! lhAll examine the returns ana accept
| llen as correct, unless they chow euch
| irfegulaTity or discrepancy US will
affect the result OF the election Of any
candidate. lfsuCh iTyggulariiy or ais.
oropnncy appear In tho rsturnH then, 10
/ determine the rights OF tho. candidate
whose Ulllce may DO affected, they
"shali open the ballots Tor said procinc.
anu canvass the same.0 Eyuu Ia such
case the opening o; the ballots appears
/ 10 be- limited 10 the precinct where
! In such ifregulsrity or discrepancy