The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-12
A SERIOUS QUESTION.

The fact that the President of the
constitutional convention, and four
other members. are without the GER
tifcates which are declared by con-
gressional law to be the only evil
dence of the right of such persons to
sit in such assembly, is still the sub
ject of lively discussion. The opinion
IS freely expressed by some eminent
members of the bar, that this lack of
certificates is a serious defect in the
constitution of the convention and may
its proceedings.
The Herald has already expressed
its opinion that although the proceed
ings have been irregular, and that the
committee on credentials of the pre-
Kninary organization had no rightful
power to pass on the question of the
election and qualifications of delegates,
apart from the prima facie evidence of
the certificate, yet, in view of the fact
that those gentlemen have been seated,
that there was no contest, and that
the people of Utah will probably vote
the constitution that the convention
viii frame, there will be no litigation
over the validity Of the organization
and proceedings, and the President is
not authorized to raise or consider
such an objection.
But 1t Is urged, nevertheless, that it
is a singular spectacle now presented
TO the public, that the President Of
this important assembly is, as mat
ter of fact, without the legal evidence
that he is entitled to the position Of a
delegate. It is claimed that the con-
venton had no power to seat the gen
tlemen who had no certificates. That
they might as well have taken Eve men
promiscuously from the streets and
seated them by vote. It is commended
that some measures ought yet to be
taken to obtain for them the only evil
dence of their eIection-the- certificates
required by law.
The Herald is not very much con-
cerned on this question. 1t would be
if we thought the proceedings Of the
convention would be invalidated by the
irregularities which have undoubtedly
occurred. But we believe they win all
be cured by the popular vote on the
Constitution and the proclamation of
the President of the admission of Utah
into the Union.
The enabling act provides concern
ing the election and the evidence
thereof that;
such election for delegates shall be
conducted, the returns made, the re-
suit aScertained, and the certificate of
persons elected to such convention is
sued ia the same manner as is pre-
scribed by the laws of said territory
regulating elections therein Of mem
bers of the Legislature"
The law in relation to members of
the legislature provides that:
THE canvass and RETURN of all the
votes at elections in said Territory for
I members Of the Legislative Assembly
| thereof shall also be returned to said
board 1.-THE Utah Commission which
shall canvass all such returns and IS
sue certificates of election to those per-
sons who, being eligible for such cleo
ton, shall appear to have been law
| fully elected, which certificates shal.
! be the only evidence of the rlgn1 of
such persons TO sit in such assembly,
A proviso, however, is added in refer
enee to the Legislative Assembly:
'But each house of such assembly,
after its organization, shall have
power to decide upon the elections and
qualifications of its members"
The Enabling Act does not confer
this power upon the constitutional con-
vention. But It is held by some good
lawyers that, when organized, that
body would have in itself the power
to pass upon the election and qualifi-
cation of it's members. and that this
may be taken for granted without
any specification in terms. If this
view be correct. then the convention
would have the power after its or
ganfzation' to pass on the election
and qualification of its MEMBERS, but
not before. The legislative Assembly
could not exercise that power until
after its organization, for that is pro-
Vided for specially in the act of Con-
gress; the convention when using its
| implied powers could not exceed the
prescribed authority of the legislature
in that respect
We have no doubt that if the or
ganization had been perfected before
the question of the rights nf The
claimants to seats from the Third pre-
cinct had been inquired into, regu-
larly organized committee on priv.
leges and elections would have seated
those gentlemen on the evidence of the
returns, seeing there was no cantest,
and we have not a particle of doubt
/ that what was actually done was