The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-02-03

IlGlNHSI Tie proper NAiilNp ilOA lllC DlOFSA A
place for any proceeding based upon
the alleged article.
Third-That the said John NJ. Zane,
by arrangement between the counsel
for the respondent, was designed and
prepared to make the opening argu-
ment in favor of the respondent and :
the action of the court places the re-
spOndent at a disadvantage and has a
tendency TO prejudice his rights.
Fourth-Finally, on behalf of himself,
the said John N. Zane desires to pro-
test respectfully, but firmly, against
the action of the court, for the reason
that it has d tendency to interfere with
the independence of the bar, to place
the bar in SubServience to the court,
and TO destroy the lust confidence Of
liugants in relying upon a fearless adj
YoCacy of their rights in courts of law
JOHN NJ. ZANE,
For the Respondent.
| The incident. which did not occupy
! more than two minutes in transact
| ing caused d ripple of excitement which
! soon subSided and everything relapSed
! to its former dignified calm.
| Mr.. Zane, While taking no part III une
! talk, remained in court and occasionally
lpICmpted and offered suggestions in
! low tone of voice ITO his colleagues Wnsn
they were making the arguments
|
| Judge Charles :. Zane then opened
the arguments on behalf of The respon-
dents. He went over the different
lp0ints made in The brief lied by the
respondents, and especially called al
JentiOn TO the mode of conducting elet-
TionS and tine manner OF determining
the result, as prescribed 10y th@ law. he
referred TO the Territorial election law,
wlllcn, after providing the method Of
lfOldfng the elections, goes on TO provide
q Comp. Laws of 1888, p. 32S, Sec. 25D,
The canvass shall commence by the
Judges VINO nave acted as clerks OF the
detection comparing their respeCSY :
lists and aSCertaining from said lists
the number OF votes cast" Then the
tboX is to be opened, ballots taken out
ICalled of by the presiding judge, ana
each of the ots.er two keeping d list
lof all the persons voted for, taking an
iaccount of the votes upon their reSpec-
lCiVe lists. Then the toalloHs snail be
tretuIned to the box ana it shall be
locked and securely sealed.
Section 80. Then the number OF
votes cast shall be added up as cast
for each person for the several offices,
which result Shall be placed upon the
duplicate tally Sheets. Which Shall then
be certified and transmitted 10 the
clerk Of the county court.
Hence it is apparent that the dupi-
cate tally sheets are the only things
irequired TO be forwarded, and those
duplicate tally sheets constitute the
returns. Then the law proceeds as
follows;
Section 256. On receipt OF the ballot
boxes and returns of the election, the
clerk Of the county court and another
member thereof, shall break the seal
Of the returns and shall carefully ex-
anime the returns. and if no irregu-
larity or discrepancy appear therein
affecting the result of the election, OF
any candidate, they shall accept said
returns as correct" but if such does
appear, then they shall count the bal
: lots as TO the particular person at
l fected.
Section POI. If there shall be any
: disagreement in the returns in REGARD
Ito the number of votes cast for thj
territorial officer, or any officer who's
election is affected by the votes o
more counties than one, then sail
: members OF the county court shall can
l Vass the votes and proceed as herei!
directed
S The clerk shall declare the result. is
D sue certificates to the county and pre-
clnct officers, and by section 259 "any
snail forward to the secretary of tht
territory certified copy OF the name
of the persons voted for and the mum
? Der of votes each had received for ter
h ritorial Offices"
' The section shown % the clerk shall
5 canvass the sealed and transmitted re
turns; % if no irregularities or dis
: crepancy appears therein affecting an,
: candidates election, they shall accep
Il the returns as correct; i. G.. if no ir
u regularity or discrepancy appears il
+ the tally sheets in duplicate, for the,
: are the only things Which show am
/ candldate's election or the number @
Votes cast for any candidate, The mol
books and poll lists show only tn
= number of persons Who votedA-and d.
=, not show whom they voted for; henc
y our objection to the poll books and mol
- !lotS was good, because the discrepapc
~ between them would have no tendenc
20 20 snow the number of votes cast 70
- any candidate, nor any tendency II
>, Show the election Of any candidate
- but CD the section 25e only aUDlfes Il
= county and precinct officers: the 40
rowing section expressly applies to tie,
- IItorial officers. If the former. scct.o
- applies, then there is no reason for tf
. first part of section PSI. and THAT cor
l5tructfon viii always be given 10 Law
i, which gives effect to all its parts an
, leaves none useless and nugatOry A
- 10 territorial officers, no authority
- given to so into The ballot boxes 1
count the ballots or to take teetimon
of witnesses. The law says as to tie,
~ Iitorial officers they shall canvass tt
votes and then proceed as hereinaftt
- directed, to WV, certify the number
~ persons voted for and the number
- votes for any territorial officer to "
- secretary Of the TERRITORY.
,o The Edmunds law meanb just VIII
ii says: The canvass and teturn of Il
. votes shall be made directly from u
n judges of election to the Utah comma
81 sion, which Shall take those return
and canvass them, as amy other ca
us yaS&ng board would canvass thel
10 This is the sole and only grant
power: To canvass the returns, II
o. to canvass the abstract. not to callV1
the ballot boxes, not to take eviden
OH by ballots or from witnesses, but
on ascertain the result from the returns
made. We take this clause as intend
TO introduce and introducing a total
le- nsW and distinct method as to nnennbe
~ of the legislature, and say this Ia
guage is TO be construed by itself.
Gu Attorney Ogden lilies.
Attorney Ogden Hiles made "a b7+
TX argument in Closing for the responder
Of in which the principal point made "
ID that the commission. instead of ca
he wasting the votes themselves. SllOu
ea appoint a. board of canvassers to pt
~ form that work.
In reply to am Interrogation by Jud
-, - Smith as 10 what method the comm
- sion had adopted TO discover when q
~ c1'epdIlciegS existed, counsel explain
that in the first column they put in 1
number of names marked voted on t
T. registry list; they put in the seC0
T.. column the number marked with
Jus cross as having voted on the poll Ii
lV- rg1aU lint i'm tlha lhhfrd column an an