The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-17
CANVASS OF RETURNS.
AN INTERVENING STATEMENT MADE
BY CHAIRMAN LETCHER.
Methods Pursued BY the Utah Com
mission Ever Since Its Creation
The Present Status of Affairs

The whole situation regarding the
canvass of the returns for delegates to
the constitutional convention, when
briefly and truthfully set forth, is as
follows:
Ffrst-The registration of voters, the
conduct of the election and the canvass
of the returns, were required to De
made and done in the same manner as
in the choosing of a territorial legisla-
ture.
Second-Ever since the creation Of
the Utah commission in 1882. the method
of conducting the election for members
of the legislature, has been to have the
registry books, poll lists and the tally
sheets forwarded direct from the vari-
Gus precincts to the Utah commission.
which canVassed the same ana issued
the certificates to those elected.
Third-The ballot boxes were never
sent with these returns $50 far as we
know for the reason that in no instance
was the result so doubtful as to require
recount of the ballots.
Fourth-As to the election of all other
officers Excepting members Of the legis-
lature) the commission has followed the
rule of appointing one canyassing board
for the entire territory, which calVaSSed
the returns from the various precincts,
made out the necessary abstracts and
delivered them to the secretary of the
territory, who, under the direction of
the commission, issued the certificates
| of election.
Fifth-Whenever this board of can
Vassers was unable to determine the
result. in any given case. from the
registry books, poll fists and tally
sheets they resorted to the ballot boxes
and made a recount. Notably was this
IN act f1ry
completed, wherein the board were COM
PEELED to send for ballot boxes in Juab,
Utah, Salt Lake and Weber counties,
and in each case made recount of the
ballots in order to determine the result
for county or precinct officers, or both.
as the case required, and their right to
do so has never been questioned.
Sixth-The necessity for a canVasslng
board (either one for each county or
one for the entire territory has all
along been an undisputed proposition.
except in the case of the legislature.
Here the construction of the law has
been. without exception, that the con1-
mission itself must canvass the returns
as they come direct from the several
precincts, without the intervention of
another board. From those well ac-
ouainted with the record .of the old
| commissions, it is Learned that these
problems have been considered. argued
and discussed with the unvarying re-
suit as above stated.
! Seventh-Now, all things Pertaining
| to the election of members of the con-
| stitutional convention are required to
be done in the same manner as in
| choosing members of the legislature
and the present commission were en-
deavoring to follow the law, as con-
strued above, when proceedings in
court were instituted which sought to
direct or prohibit them from exercising
the functions necessary for a full com
pliance with what they understood the
law to be. The decision rendered in the
| district court, conStrues the law tC
mean that in all cases, both for county
and territorial officers, as well as fol
members of the legislature (and con-
, stitutionai delegates) the commission
must appoint a board of canyassers in
each county, which will have all the
powers given them by the statutes, in,
! cludlng tnat OF reSorting to the ballo,
boxes II necessary. In compliance with
! this view OF the law, the commission
has named a canvassing board for Sal
| Lake county, to which all the return.
/ Tor constitutional delegates will he de.
/ l1Vered, for their examination and can.
Yass. In all counties in the territory
excepting those in dispute (Box Elder,
Weper, oalt Lake, Sanpete and Beaver
49, nott.,illssioli mas decided TO accept
Cne returns from the precincts in, the
several counties and to follow the olf
rule. OF canvassing for the legislature IL
order to arrive at the result for consti
tutlonal delegates. By this msfhoi
1ney follow the old construction of HI,
law IN counties where there are nn dis dis
Pu5es, while in Salt Lake county tb la7
Low an5 the decision Of Judge Bartc6
Gnu ~ the counties involved in li+foo
elon they await the decision Of 9fs
supreme court for the final constr,l,e
ton of the law NC