Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-11

'AN" NAt lluAH raised lu ulI
similar cl.cs pouding ia this court.
~ Aipeara substantially from the
Iae'9 admitted and from the evidence
iu the ease that The telftor wa
candidate In 5aupclo coun.
W liyt Inc Office OF delegate
20 'ht fHid Constitutional Convention;
luAt the election Tor sucn deloga,es
Waa heid on the 6th day VI n 8vembrr,
l'9Ai mat registration officers were np.
pointed AMI the election conducted
mechanically as required by Iaw;
that the ballots were canvasiod, Tia,
results declared, am returns forwarded
uy the election tiliceu; that the papers
OF documents forwarded ly said
oiiicors 10 tne defendants consi.tpt of
the POLL lisi, Iud Iet' 49, aud talIysbprts
Ia duplicate; that the defendants IT,
ccivcd tue sslG tetutua ana Oanva,rpd
The samti that this tally shuum snow
the uumuer uf votes cas-! 90 said ulec.
ton inHllj county us Cauvnsspd mud
declared ly said election Oiict.a, anu
show tuut the relatOr according tU
SAID gnuvasB received o. mlIlri,y OF the
voice Catt, and show no iffesuintlty or
discrepancy as TO the rclli0f, OF a. %
affecting mia light, or ito right
" any pguon 10 tue Office; that
the defendants by comparing the
tally suuelB with tie registry litts aud
luusr' liais, and by adding together
tlu whole numbUr Of votes c1Ht and
dividing tails sum by the number OF
candidates, and th0n G mmflug the
result thus obtained with the fu,ui,s on
the registry ami Iudgts' lisls, found dit
cteNnnclts iu said county amounting 10
% voice, which Wuro more than the
mlj1uty o. votes IN favor OF the o..
igIOr as bhown b. the tally thcolf; AMI
that tlu uuicuuhut8 refused 20 irfuU a
certificate Of Ulu1t on 90 the rtlat0f
otter demand made, claiming the night
10 so behind the teturls aud canvas
the ballots.
Under this state Of facts and the
pleading in the case, II buuYmus uuces.
safy 10 Inquire what puwcH the dt-
lgndauts may VI may not exercise, anu
what iis duuus are Ia tho conduct OIL
elections.
The laws applicable to this case are
found in the act Of the Territorial Leg.
islalurc, approved February -. 1873,
aud IN the set OF Congress, approved
March ~ l-s9.
After the provision made for tho
registration Of voters, the said TorrI.
t1tisi acti iu section o, provides us !J'-
lOWU
"lHo county court shall, 81. DC frat
gt6.l1u lu Juuu Ut vIch year, hpp8iu.
thtUg capable ana discruJt pugsUus lu
each precinct ga the county, one a.
least OF whom SHALL be- OF .h1 political
party that was Ia the minority 40 the
last previous election, 81 any uuCl
pnriy thurc ug iu such precinct, 90 nCt
b8 Judge OF gblcTul and special uluu-
tiUut; uul they shall designate ono OF
the persons uppJinted % prusidU, aud
thu,0tuyr TWO 60 act nB clerks VI saIl
ulUutiunlp Had tGuu provide that such
PERSONS tuall uu AUtnul ui their ul.
pOin,meut ny the GlctG ui auou court,
sod how they shall qualify, and, lu
casa OF vacancy, how 10 shall 10
hiled.
Th,s section places the power 10 up.
point tho JuiguH o. election iu tho
county count, aud luutiua ln, IL. ma rs
10 tie uuiy Of SAID court % provide Tue
ntCcss.ty tO0ks, hlaubp, stationery
anu ballot boxes Tor thu uloclilur, auu
specifics now anu with what material
tuu ballot OoEeu shall be made, wltu
what kind OF locke and number OF
keys they lhnli be provided and by
whom the kuys are % Uu kept.
Section II. H., after requiring that
tho county court uhAll iurultn tho
julgtu Of election lu every precinct
with envelopes, dIegaug LoV thOy
shall bu WuIr, prlviuss, .uu'; "BHfula
opening tHu pJuB, tnu ballot uJEHI shall
tr carefully examined by the judges Il
election, who thAii SATISFY u,msrlyts
that uOuug n therein. IL shall then DO
locked and lnu gcy thereof delivered TO
tho presiding lultui ami lua ballot b.A
shall not bg Jpuuuu curing she cleo.
ton"
Under section ~, Id. tho Judges OF
election, at tho opening OF the pJus,nrU
required 10 iiIeCl one OF the JUDGES
acting no ClurE 10 have IN custody tho
rrgibtry OF voters, aud ~ make tue
untglrn therein required by law; ana
tho other VI tAe Judges acting ah clerk
~ required 10 write thr numu OF UaCn
person voting, anu opposite 81 70 tIa
number OF thu vote Nv 10 40 pllluu. luIa
section authorizes tho keeping Oi tao
lists, QUO rho rrgiH.fy lis, when com
,Aius tho registration VI YusufH tO uB
kept while the POLLS are open, ny one
the luuyus' list, on winch Ib 10 10 Wnt.
ten tue name OF onch psrion vOtlug, Wy
tho other iuigo gu.iug as clerk. FMS
list ~ 10 DO made up as the voting pro-
krtssps.
SECTION 10, ID, provides how the bal.
10, shall bu prepared by tbs voter, 10
whom II shall 10 delivered, by wlOm
AMI uuuuf what circumstances do.
p0sitUd; ald Section Ia, Id, provides
that wnoro person has cast MA ballot
the Judge having the registry lsl
shall wuIo opposite tue name u such
persOn the worI "voloI," and tlu
Otber Judge acting az clerk shall
wflte upon let TO DO made by him
the uamu ui such voter, aud the nun.
brs OF rho vote. Tue llsls here referred
90 are tnu same as those mentioned la
section ~.
Thustar the act deals almost entirely
with tho repatriation OF yOtUs8, tuVir
qualifications anu lhU manner OF hIlu-
avg anu conducting tnu uloGtiJnF, nHI
o. Casing aud receiving tuu bAllulf.
InUrgqulHltrs necessary TO constitute an
election lawful are clearly anu dis
tinOIy SGT lJrtu.
When tho uallots have been re-
colved anu the polls closed, 10 iB la
oumuent upon the judges 10 determine
the Tosul, oi tho cleotlon,and ghe Legit-
lHluto hos clearly indicated how TINS
shall bu done.
Section 10, Id, reads as follows;
Gas soon us the. polls shall bp closed
due Judges ui election shall immediate.
~ proceed 10 canvass tho votes cast nl
suou election, aud continue without
adjournment until cOmplstei," and
then prUvirus that all candidates may