Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-03

~" tvANllhHluu huDulu canvass the
returns from the various counties I'm
respect " legislative aud Territorial
Officers. Counsel claimed, under the
existing LEGISLATION, that those pto, loot
returns thus certified TO were the euuiv.
alent Of the abstract OF the gen.
eral result provided Tor In tue
election actoi this Territory, 1875, that
upon that abstract they should Issue
certificates TO the persons elected. The
territorial election laws, counsel insist.
cd were applicable here. Sections n
anu - OF the act OF 1878 wore also
quoted by Mr. Hiles. li was in owl.
urnco here, ho said, that this was the
only abalrac, VI the return VI the cleo
ton In Sanpete county that had ever
been furnished 10 the Commifaion,aud
those papers, he repeated, were the
equivalent NJ that paper which wa8
required 10 be- sent by tho county
clerks before tue passage OF the Ed
munds law.
Mr.. Wilhams-t do not think wo
care to argue that ptopgsiiion any fur.
Their.
Judge BaHch ovorruled Judge
POwors's mOllJn and the latter took an
exception.
Chairman Jorroli r. Lelchor was
lhun called ~ the wituess-stand by
Attorney T.. l.. Williams, IN answer 10
whom he said the duplicate tally bhcctb
In question Wofo delivered 10 the Com.
mission through the secretary Of tue
Territory.
40 whom were they delivcrcc2"
WltaesB said 10 the COmmlssiun ~ q
whole, while that body was In session.
"Wefe any other papers laid before
you at the same time In connection
with these duplicate tally sheeh2"
pursued Mr.. Williams.
Mt Zane rose ~ object 10 the quea.
ton, but before lac could get In his 0b.
iuctiOn the witness hal AnBwereu-
"rhcro were"
MI Zane argued out the grounds Of
his objection, nevertheless, Rud COM
tondoI that tho poll lat ana the poll
book constituted no part VI the return,
Attorney Ogden Hilsl followed Mr..
Zaue aud Mf. Williams said that ho
himself would have something to cay
later 90 70 what constituted the re-
turns.
The question put 10 witness was
eventually admitted subject 70 obitc.
ton. Chairman LUtcner repeated
"Thero wcfc,n and, aFkod what they
were, he answered the poll books anu
poll lsts-ihu entire fifteen from San.
pete county. The Commiasiou "also
received what was dHnOmiuutud the
list OF persons who voted in tue nu.
merlcnl order la which they cast their
ballots"
"In the examination Of the returns
did the commission also examine these
poll books aud lists Of votou2"
1--WE did. We examined tnom ALL
Mt. Williams next asKrd the wat
ness TO lock At the poll books handed Ia
him and pOiut out any discrepancies
which might exist a. between tne pol
books, tie voting lets ana the dupli
cate lists introduced by PLAINTIFF
counsel.
Mr.. Letchor said that there wer,
certain discrepancies ard offered th,
minutes VI the Commission to show
wherein they arose. These no rea,
from ia detail and added: "rhe aggre
gate discrepancies from all the pre-
oincta IN sanpeto county numbered
44.D
Mr.. Zane asked the witness-Dll
you take into consideration the tails
lists anu the poll books In adding VI
the total thsr2
"NO, cir"
"You made the discrepancies by pre-
clnct2D
"Nts.n
"Aud you mado them a. large ~
you could2n (LAughteT.)
"No, slf, diun'l say tuat.b
Mr.. Zhue took up some time In an
examination Of the witness ~ 10 th,
system adopted by tho CommissiOn IA
finding out discrepancies anu when h,
had exhausted his stock OF questions
court, Mt 1890, took an adjournment
till pm.
When court TeRssembled this after
noon Chairman Lttcher was again
! called 10 the stand by Attorney Il. J.,
Williams, who asked the wilnoss By
what means the Commission, In SUM
ming up tho results OF the variDul
papers, arrived at the hgureB contained
ia the column headed "tally shuel?n
witness replied that the total nun.
Der Of votes credited TO each candidate
was added up aud divided by the mum.
ber OF candidates.
"Who worked those ngureB QUIZ"
"rwO Of the Commission compared
the books aud two Of US went over
the LETS and two went over the tally
sheeta."
"In any case could tho tally sheets
exceed the number Of ballots cast"
"rhey should not"
Here the defendants counsel rested
their case anu Mr.. Zane informed the
court that this WAS all the proof that
would be offered In three maudamus
cases from Sanpele county. Now oamC
the three writs Of prohibition.
Mr.. williams objected 10 taking
these latter up until the mandamus
proceedings hal been disposed OF.
These cases, he said, had better be-
tried soparAtoly, II the pefemptory
writ should be awarded, then that
would determine this business. IL a.
should be denied, he took II that the
other oases would TALL with IL.
Counsel on the other side urged that
by the terms Of tho slipula-
ton the prohibition oases should
be taken NJ now, and II was further
pointed out that "A number OF Witnesses
IRON Sanpetu were la Attendance.
Reference was made to the stipula.
ton In question, but there appeared 20
be some doubt hs 10 the Interpretation
to be placed upon II.
Judge Powers ssid the deiendants'
counsel were really 10 proceed with
their argument, aud strongly protested
against the prohibition cases being
taken up until tho mandate proceed
inus had been iually disposed Of. lie
ol lscled 10 any "mixufe."
Judge Bartoh sail tho whole natter
a ,samed 20 him, should DO dealt with