The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-12


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Il ~ tsa'ri,t Ss,ves Wound have {o he
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eons;x5erat;on
Tba onlv noin4 If Inference in the
DECISION If J,,dge Bartcn1 and the Do
sarjnn taken bv The Herald IS that we
toolx the ground that under the Ed
rnunds Act the Commission were au-
tJno53zed 10 perform the whole canvass,
and tq,A y,,aee decides that they should
have ar,rot1,ted proper persons TO take
| 3hA nlsces Of the county clerk and
members Of the county court, as can
vassers before the returns came to the
Commission.
we admit that the laws seem open TO
that construction. But they are also
open to the construction we have
placed upon them, and the practice of
the JTtas, Commission from the first
hsr been Tho same. The returns OF
the election Of members of the Legis-
latiye Assembly came direct to the
Utah Commission, who took the place
not only of the Governor and Seere-
taiy, but ALSO Of the county clerk and
county court in that instance. It is
possible they may have been in error
in this particular, but we are not
ready ito concede that point, The lam
guage of the Edraunds Act conveys
the idea that 1t was The intention, OF
Congress to make the Utah Commits
sion the entire cauvassing board in
that particular instance.
1T is true that the Utah Commission
never before went into the ballot boxes
as in the present instance. But THAT
| was simply because there was no oc-
| casion for it. There never was a case
w6nen the discrepancies were sufficient
IN affec4 the result to any candidate,
.n5 therefore a resort 10 the ballot
l boxes EGtS Q00ECSCSdIN. oQIG 'IlA7h {
was M Intermediate body to canvass
the returns for members of the legis-
Iatu,re. the Commission always per-
formed that duty, as in the present
instance. direct.
we incline TO the belief that Judge
Rarsch is right in his decision as to the
oao,-oss,,,e BOARD IN each county te
/ tai-sa the nlace of the county clerk and
connty court. with the exception Of the
raturns fer members of the Legislative
Assembly. That county board has
never. haan. amounted since the Utah
r,,,,,,,iss;,,, Was created. Under this
- t,,orafora avar-v canvass OF cleo.
80, 7.ot,-rns Il, the territory since this
I "a, ,.w uent into effect has beer
- 49,. ,~,nro,,o,,v
- - -s,l,aisla +5,o+ the onlv noint If
- 49,, r,-l,;c+ an annAaJ Will
.ii9 uee So 80 +b. cam.