The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-23
BlTNER KNOCKED OUT.
COUNTY CLERK STANTON HOLDS
OBJECTIONS ARE WELL TAKEN.
Original Certificate Filed Oct. II Is
Invalid-Exhnustfv Opinion Civ.
ing Reasons for the Conclusion
Arrived At.


County Clerk Stanton yesterday
forenoon heard arguments on the pro-
test filed by G. S. Holmes and others
against the placing on the ballot of
the name of B. B. Bitner as a candi-
date for election to the Office of county
assessor of Salt Lake county.
Attorney Costigan appeared for the
professors and Attorney H. c.. Edwards
for Mr. Bitner After the arguments,
Mr.. Stanton took it under advisement
until 4:30 in the afternoon, when he
delivered the following opinion. the
effect Of which is to knock Mr.. Bitner
out:
THE COUNTY CLERKS OPINION.
On October II, 1896, a certificate of
the county clerk of Salt Lake county,
wherein and whereby Breneman B.
Bitner was attempted to be placed in
nomination for the Office OF county
assessor of Salt Lake county, under
and by virtue OF the provisions of sec
ton of chapter 50 of the laws OF
Utah, 1896.
On October 20, 1896, there was filed
in the office of the county clerk of Salt
Lake county protest and objection in.
writing to said certificate of nomina-
ton.
On October 81 1896, there was mailed
to said Breneman B. Bitner, the can
didate affected by said objection, at
his postoffice address, notice of said
objection.
On October %, 1896, the hearing of
the objections and protest came before
mo for hearing and decision.
Section of the act above referred
to provides that each voter signing
certificate shall add to his signature
his place of residence, and shall, before
an officer, duly authorized to take ac-
acknowledgements, acknowledge his sig
nature and take oath that he is a voter
within and for the political division
for which such nomination is made,
and has truly stated his residence
The certificate of nomination of the
said Breneman B. Bitner nowhere
shows, nor does the evidence disclose,
that each voter who signed said certit-
cate added to his signature his place
of residence.
The various acknowledgements at
tached to the certificate of nomination
are, in my judgment, defective. for the
reason that the various signers of the
certificate did not acknowledge that
the signatures attached to said certifi-
cate of nomination were their sigma
lures did not take an oath that the
Slgner was voter within and for the
political division for which such NOM
ination is made, nor did the acknowl-
edgment state that the signer had
truly stated his residence. l am of the
opinion that this is a fatal defect. The
law specifically sets forth what the
acknowledgment should contain, and
While section of the act above referred
to provides that the provisions of the
law shall be literally construed, so as
to carry out the intent of the act,
yet it seems to me that the legislature
intended in order to protect legal NOM
inees by party conventions, that where
Independent nominations were made of
candidates by petition, that the law
should be strictly construed and it's
provisions followed, as indicated by the
provisions of section 6, heretofore
quoted.
The acknowledgment merely states
that the parties who signed the said
certificate were personally known to
the notary to be the same persons who
executed said instrument, and duly ac-
Z kpowledged to him that they executed
the same freely and voluntarily.
The acknowledgment does not set
forth that the signer is a voter in and
for the political division for which Mr..
Bitner's nomination was made, nor
does it state that the signer has truly
stated his residence. The statute hav-
ing pointed out the exact form of
acknowledgment, am of the opinion
that the form therein set forth Should
be adhered to-
Section of the act referred to, which
is made part of section of said act,
provides: THE certificate of nomin-
alton, which shall be in writing, shall
contain the name of the office for which
each person is nominated, the name,
postoffice address, if any, the residence
of each such person, and if in a city,
the street, number of residence, and
place of business, if any
The certificate of nomination of the
said Bitner nowhere shows what the
business address of said Bitner is.
Section of the act above referred to
provides that leach voter signing a
certificate, shall add to his signature
his place of residence
Objection l sets forth a number of
names of the signers of said certif-
cate, opposite which names there are
no places of residence by city, county
and state, set forth as required by law.
| am of the opinion that the city and
county are necessary to be stated in a
certificate of nomination of this char
acter, in order that the record may
show that the signers are legal resi-
dents of the district or political di-
vision for which such nomination is
made.
Section Is of the act above referred to
provides that the official ballot shall
contain the political designation of the
party nominating candidates expressed
IN not more than three words for one
party. Section 6 of said act provides
that the political designation of the
party shall not contain any more than
five words. The certificate of nonnin-
alton of the said Bitner has adopted
the following name: 1.-THE independent
Tax Payers ticket" am of the
opinion that section Is having been
passed subsequent to section 6 of said
act, that the political designation
should be limited to three words. The
title of the party selected by the pc
titioners for the said Either exceeds
three words, and for that reason /
think the political designation could
not be printed upon the official ballot
in accordance with the provisions of
section 49,
For the above reasons I am of the
opinion that the objections filed against
the certificate of nomination of the
said Bitner are well taken and 1 there
fore hold that the original certificate.
as filed on October II, 1896, in the office
of the clerk of the county court of Salt
Lake county, is not valid.
Dated Salt Lake city, Utah. October