The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-18

visions that the vote should be by bal
lot, the court in that case saying: THAT
secrecy, which is esteemed by all au-
thority to be essential to tine free exer-
else of suffrage is as much violated by
this law as if it had declared that the
election should be viva voce."
This same view was taken in Brisbane
VS.. Cleary, % Mimi, 1O7; FAstings's case,
Hodgins' Canada Ell cases., 764 and
Woodward VS.. Sarsons, L. R. 10 c. P. 75S
In all of the cases above mentioned the
constitution simply provided that elections
should be by ballot, and, upon an elabo-
rate review of all the authorities, the
conclusion was reached that in this
country the ballot implies absolute and
inviolate secrecy, and that this doctrine
is founded in the highest consideration of
public policy, that the term ballot i'm
plies secrecy and that this mode of vot-
ing was adopted mainly to enable each
voter TO keep secret his vote. Our con-
stitution goes further than any of these,
and provides, not only that elections shall
be by ballot but that they shall be by
secret ballot"
Having reached the conclusion that the
provisions of the constitution requiring
that all elections shall be by secret bal
lot, and that such constitutional provis-
ions are mandatory and prohibitory, and
having further determined that the pro-
vision for placing numbers on the bal
lot and a corresponding number opposite
the voters name destroys the secrecy of
the ballot, I am clearly of the opinion
that an election held under the provisions
of the law above quoted is absolutely in
valid, and is, in fact, no election.
1 am further requested in the resolu-
tons to advise the board as to its duty
in the premises.
All authorities upon the question hold,
in clear and unmistakable terms, that
boards of canvassers are ministerial Off
GERS only, whose duty it is to receive the
returns from the various precincts, or
counties, as the case may be, and de-
clare the results as shown by the face Of
the returns. Following these authorities,
1 would advise this board that you can
not consider any question as to the valid
ity Of the election, and that you are to
cast up the votes given, from proper
documents, and to declare those persons
elected who appear from the face of the
returns to have the highest number of
votes
Section 27 of chapter 125 of the laws
of Utah. 1896, concerning elections, re-
quires the clerk of the board, as soon as
the result is declared, to enter on the
records of said board a statement of such
result, which statement must snow the
whole number of votes cast in the county,
the names of the persons voted for, the
Office to fill which each person was voted
for, the number of votes given at each
precinct to each of such persons the
NJ ha~ Of in
each of such persons. And section IS,
following. requires that 1.-THE board mus
declare elected the persons having the
highest number of votes given for each
office to be filled by the votes of a single
county or subdivision thereof
Section %, following, requires that 1.-THE
county clerk must Immediately make out
and deliver to such person Except to the
person elected district judge a certificate
of election signed by him and authenti-
Gated with his SEAL
Your duties, therefore, are clearly de-
fined by statute, and unless you ere pre-
vented by the intervention of a court of
competent jurisdiction, from performing
these duties. the terms of the sections
above quoted should be promptly COM
piled with. Very respectfully submitted,
c. O. WHITTEAIORE,
County Attorney for Salt Lake County,
Utah.
AS .he clerk had not completed the
footings on the election returns, no
action in the Way of certifying to the
returns or issuing ordinary certificates
Of election was taken. The opinion-at
least a portion Of it-seemed to cast a
gloom over the group and adjournment
as a board of canvassers was taken
until next Saturday.