Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-11-18
THAR LECTION LAW.


Tho opinion Of County Attorney
whittemofe, published In Tuesday q
NEWS. presents . rather peculiar situ-
alton from several points Of view, none
u wblch are particularly gratifying To
the oause OF its coming forth. In II,
Mr.. wnittemofe says the election law
Of thls State Il invalid. but the county
commissioners must count tho votes
and certify TO tho results thereof In
other wofdt, he says that the subject
Of the validity OF the election law 4. no
business OF tho county csnvat-
slug boari, aud that they
should perform their duty indie.
pendent Of IT, sxislencs; and this
latter view, 90 far ss the csnvsss,sg
board's action IL concerned, 10 Ius.
right, even q tho attorney be wrong
on the validity proposition, aud In the
turten Of the remainder Of his reply.
Ia looking over the matter, ~ 10 quite
clear that ono Of two conditions exist,
namely; Either thu county canvas,ers
have been extremely foolish In asking
the attorney Ter III. opinion upon u law
which did not tdsc, them In that
capacity and therefore was none Of
their business; or the county attorney
has shown himself foolish In obtrud.
ing upon the canyassers an opinion
OF statute regarding which
no Inquiry was made OF him. 10 TAT
- the doeumsntsfy evidence 10 con.
cofned-,he resolution Of the canvas.
siug board and the reply Of the Atior-
ncy-tho eanva-sers may properly
have made tho inquiry they did as
to the law under which they were
ao.lng, but II was when tho attorney
opened his mouth that a big foot 10,
iuto u.
Tots situation IL made plain when
II u known that the county eanvasslng
board acts under chapter 10 OF the
Laws Of Utah. 1893, and that alo ne;
while the county attorney says that
chapter 90, with which tie can.
yasssts have nothing TO do. 10, in hls
OPT iop. invalid. The ludierous aspect
VI the thing ought 10 induce somebody
10 engage the services Of a kicking
machine right away. AZ n csnvassing
board, the ooinmissionsrs had q right
10 iaquiio about ohHpioI 20; chapter %
was nons OF their Affairs. But, go fat
a. tho resolution Of itqulry IL con.
c1rnud, tho attorney had no more
business to give M opinion on the
validity OF chapter 90 than hs had 10
tell about the workings OF the esiray
law. A wise public adviser would
have saved himself much deserved
criticism by answering tue question
asked Instead OF trying To give tangible
form TO gossip on another Issue.
30 ihf - the canvas oitho roturns 10
concerned, tue county commissioners
have nothing to do with the particu.
lar iorm, dimensions or contents Of the
ballots used. Those ballots never
reach them. and Officially they know
nothing OF whether they constitute a
secret ballo, or not. The county can
vasseTs must take the returns Of the
ludgea of election, consisting OF the
tally sheets anu some other papers, hui
not the ballots, and must certify To the
eject thereof. There is no room Tor
contest on that matter upon any
ground yet suggested, and the irtima.
ton ol toe county attorney that tho
board might be prevented by court
OF competent Jurisdiction from issuing
The certificate has no foundation on
which TO hope thpt such Hetion will DO
taken. The issue Of election ceTlin.
oates without delay Is next In order.
AS TO a contest over the results " M
election, Interested parties always ars
Justified therein when there Is good
reason to believe that tho will OF the
voters has been dsfeNiei. But In the
recent election there Il nothing Of thai
alma claimed. Secret or open ballot,
thu electors OF this county And Stat,
ave expressed their will In emphatic
terms, aud In due ume the on q,
should DO turned over to the ofiicgr,
selected. n boiy else has II. N
thereto, ANA no contest seeking. on
supposed technically, to subverl the
will Of the people will receive public
approval.
Now M 10 thu opinion OF Couaiy