Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-11-17

90 10 fis Duts, aud the cisti's. nu'i
Issue s-rugcsiss 60 the Persons
ui.stsd. usie,. ritb.r .. nes'rsinsa
~ th. Praper Caurt OF Law ~.
pilen opisien ~ mr.. whitismore.
County Attorney q. O. Whiiiemoto
h. afternoon handed down an
oplnion on the legal status Of the re-.
cent election. IL declares that the
tallol was not secret one A. defined
b. the provisions Of the Constitution,
whlch afe mandatory aud pfohibiIofIi
therefore the election Itself IL "abro'
Iulsly invalid. aud 10, In fact, no cleo.
uon."
However, the board Of eanyassers IL
tdvised that II must perform ils duty,
vhleb 10 merely ministerial, and thSt
the county clerk muat issue the cert.
aeliss Of election required by Law uu.
les be IL prevented ffom doing 20 by
the Intervention Of court OF COM
Islsni lutisdio1ion.
The opinion was delivered to the
bard Of osnvaisers a, It's meeting this
siisfnoon, and h. ne follows In full;
To the Honorabls Board Of County
Commissioners OF salt Lake Coun.
~, Utah;
Gehttmen-I have received from
the county CLERK copy OF tho Tesolu.
ton adopted by the board on the lSlh
lust. In which it IL fecited that tue
b ard hns about completed the canvass
u the rrlntns Of tho gclefai election
held 10 rhlt Lake c,uniy on Tuesday,
Novembrg afi, 1896, And that the
board u now PREPARING 10 compute the
fetal numbyf VI votes cast Tor each nor.
sln votei Tor II tAid election Aud TO dc.
tlsfe the result OF raii election, aud
that u doubt mas arisen NJ 10 the duty
Of the board In DECLARING uuly
tltcied the ptfsonH who, from tue face
oi the returns, appear 10 have received
th- highest number of y0tea for each
nice Intended 10 he filled, II being
claimed thut tho board has no author.
ny 10 make such declaration aud 10
Gently 10 tho result OF tho canvass, for
I've alleged reason that said election 10
claimed 10 Dc void snd uneonstltutiop.
nl and mat tb.s.f,,. ~, ti,,,s.,', 30
furnish the board an opinion As 10 tue
legalitP Of said election and 10 ADVISE
tue b.ard as 10 IT, duty in The pre-.
ml,es.
''"''ii eiiVNAi'llh OF THE Law
la order 10 dstsfnine tho au..tion
A. 10 tho validity oil the election, II
will be pece.snfy 10 eonsIl.r c,rialn
provisions OF tue ststs Communion
And the laws enacted tbsteupdsf.
Hection s OF article of The Con.
ttitution IL a. foilow,, IAN election,
shall TO by socfst ballot, \ .
thing Ia mis- seetion shalI A..
Construed TO pteyopt the use oi
any machine, or moeta icaI con.
tfyAncp, for the uufpo., Of no.
eeiving and regietering The yot..
east AZ any election. ptoyidiny maj
secrecy IN young IA, bf,seryed % m
this provision Is merely aIt,etory. an
election held In disfsnatd OF It's Term.
will not be sat aside mn N n.nds.
tory, IA Violation OF ines. proVi.inns
will void tho elertion. withsut regard
10 the motiys of mo n.Isops s,,,i1v ~,
Tho violation and Eitnout anvi pn,,t,y
Into tho eject OF tho ros,1It ni ths
election.
ii,elf, IL lie requirement Inst slsc,ian.
shah TO by teriei baIlot mandstofy' as
merely difectoT,P
Section 20 OF articln 1 of the ConstI.
tuition IA "a foiloW,t aph. nroytsIo,,s
Of ths Constitution M. mnndstor,, mi
ptohibltory, unlers by rSpI,Ss ,yoTds'
they Atu Declared 10 H. ON, rwise -
A careful refusal Of seotion fails In
aholose any express WORDS debating
toe requirements of tho snrtinn In No.
otherwise than nanualotv ana nrohth.
h9fy. in tact, the wotds usra in
tseu0n 8 arc such ma IN shoW
clearly ard unmist,EabIy that ~
ifoydi0ns Ars mannatorv In inco,.
pofaliug this proyislon into ihs o.,
tlin,ion, tho itamors Of thai iuet,u'