The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-14

The legality of the recent election
will be contested.
Of this there can now be no doubt,
provided County Attorney Whittemore
does not change his opinion relative to
the unconstitutionality of the election
law and the jurisdiction of the board
of county commissioners in such an
emergency.
The initiatory move was made at a
recent session of the board of county
commissioners yesterday afternoon i'm
mediately after the canvass of the re-
turns for the entire county had been
completed All the members of the
board were present, as well as the
county attorney, who appeared and
ventilated his views from a legal
standpoint.
PLAN OF ACTION.
The proceeding as mapped out is as
follows: Under the law the present
commissioners as a board of canvass
ers viii certify to the returns and order
the clerk to issue certificates of cleo
ton. Now, if the board shall be adj
vised by the county attorney that the
election was Illegal, certificates of
election VIII not be issued, if the board
can legally refuse under such circum-
stances. and the question viii natur
ally be brought into the courts on
mandamus proceedings by some of the
newly-elected candidates.
Ever since the question of unconsti-
tutionality was raised a contest has
been talked OF. But none of the in
terested defeated candidates have been
found to take the initiatory steps.
County Attorney WhittemOre and some
other attorneys have been examining
the law and came to the conclusion
that the election was illegal for the
reason that the constitution cOntem-
plates a secret ballot, which it is
claimed the election law passed by the
last legislature did not provide, the OBJ
jectionable feature being the system of
numbering. The members of the cOun-
ty board. after considering the disas-
trous results that might accrue from
an illegal election, have decided to
follow legal advice in the matter of
certifying to the returns, and for such
purpose the executive session was held
yesterday.
WHITTEMORE'S OPINION.
The matter was thoroughly discussed
for over an hour. Mr.. Whittemore
was not slow in giving as his opinion
that the election law was unconstitu-
tional and that it was within the
jurisdiction of the board to refuse to
order certificates of election issued; but
the attorney did not have any written
opini On prepared, and the board, desir-
ri
resolution instructing him to file a
written opinion with the clerk before
next Tuesday al 10 o'clock. The attor-
ney must outline the proper course to
pursue in the matter of instructions to
the clerk as to the issuance of certifi-
Gates of election as well as to certifying
to the returns. Embodied in the same
opinion, Mr. Whittemore will deal with
the constitutional phase of the ques-
ton.
The attorney was, of course, unwiIl-
ing to say what his advice to the
board would be, but it is we'll known
that he has looked into the matter for
days past and has come to the con-
cluson that the proper way to decide
the matter would be for the board to
refuse to issue certificates and thus
have it brought into the courts.
MR.. GEDDES' VIEWS.
asked about the matter yesterday he
said he could only speak for himself
as to the future action of the board
The move to have a test case was not
made for any personal reasons. as he
would resign at the expiration of the
present term and recommend the APP
pointment of one of the Democrats
elected, if the unconstitutionality of the
law should be affirmed To him the
question was a serious one, and as a
member OF the board he desired to fol-
low the advice of the county attorney
For example, important questions
might arise in the future and if If
should develop that the county officials |
were not legally elected, who could |
foreshadow the innumerable complica- |
tions that might arise? Mr.. Geddes |
was not unmindful of the fact that !
the instigetors of a test case would be |
subject to severe censure from polfti- |
cal opponents, and should the members |
of the board decide upon a course to |
bring about i contest he presumed J
they would be universally condemned |
on the ether hand, should it develop |
in the future that this election was not |
legal the board would also be held |
responsible in a certain measure for
Tot taking legal advice and following |
II cut.