The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-30
THE LAW AND THE CERTIFICATES.

The Utah Commission, by unanimous
vote, have resolved to issue certificates
of election to the several persons who
by the returns, appear to have been
elected delegates to the constitutional
convention. These are the members
| elect from all parts of the territory ex-
cept the counties of Beaver, Box Elder
Sanpete. Weber and the Third precinct
Of Salt Lake city.
We presume this decision has been
arrived at after full consideration. But
has it been reached from a legal stand
point or have the Commission yielded
to partisan clamor? We suppose they
think they are right or they would
gone ahead'' advised-y. They are
ahead of the laws requirements and
directions. AS we understand the
statute they should have waited until
their canvass was complete.
They have been bounded for soma
time by the yelping ours of the Tri-
bune, but up to Monday paid no at
tention to the noise. We hope they
have not been influenced by it now.
Such clamors ought not to affect public
officers in the least degree so far as
their official conduct is concerned
They may experience some annoyance
but that should not swerve them one
iota from the right, or induce them to
strain point IN any direction.
The law in relation to the matter pro-
vides that:
Gas soon as all the returns are re-
ceived by the Secretary OF the Terri
tory he shall, in the presence of The
Governor, unseal aud canvass the
same, and make an ABSTRACT thereof,
and the Secretary shall, within ten
days thereafter, make cut ana transmit
a certificate of election to each mem.
Der Of the Legislature and territorial
officers"
In the discussion that has arisen in
reference to the powers of the Utah
Commission, as a canyassng board for
the election of members of the legisla-
ture and delegates to the Constitutional
Convention, it has 1nt been disputed
by any one that they are -uasututed
under the Edmunds Act, for the Secre-
taTy and Governor as provided in the
Utah statute. What follows. then
That they are not to issue certificates
until 'alf' the returns are received and
the canvass is complete. before The
certificates are issued an abstract OF
the canvass must be made and then,
within ten days after that abstract is
made, the certificates are to be issued.
The returns, in the sense of the law
we have quoted, are not ell in and can
vassed. The canvass is not fully made;
the abstract cannot be completed;
therefore the certificates should not be
issued Take either view of the powers
of the Commission which has been en-
tertained, this requirement. of the law
applies.
If the Utah Commission are occupy
ing the position, as a canvassing
board, of the county clerk and mem
beers of the county court, the same pro-
ceedings are required. If they are not,
but are acting simply in the plac OF
the Secretary and the Governor it
makes no difference as to this require
ment of the law.
Under the ruling of Judge Bartch a
canvassing board was appointed for
Salt Lake County. That board has not
yet completed the canvass. The Third
precinct count has not been made, but
only poll count for which there is no
provision in the law. The canvass of
Beaver, Box Elder, Sanpete and Weber