The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-01

The lower house of the legislature
held somewhat of a stormy session
yesterday. Majority and minority re-
ports of the committee on elections on
the Utah contests were made which
were expected TO be presented to the
house the day before.
AS was stated by The Herald day
before yesterday would be the case.
the majority report recommended IN
seating Hyrum Lennon and seating
instead, j. F. Bringhurst. Representa-
tives Smoot and Larsen, the other con-
testees. were to be allowed to retain
their seats. The report was based on
alleged finding Of facts in which it was
claimed sufficient Illegal votes had
been cast to have given Bringhurst a
majority. or rather a plurality of one
vote over Lennon.
DIDN'T WANT TO HEAR IT.
The majority report was read and
the clerk then started in to read the
minority report He had not proceed
ed far when Critchlow objected to the
I6dOAuR On lIiE SIOu1Q lIlcll lllC 4CEOA :
did not conform to rule 40, which was
adopted for the hearing of the contests.
The chair ruled that the minority re-
port was not a finding OF facts, ignor-
ing entirely the fact that the report
was not an argument against the ma
jority report, as was held by Critch-
low. but was instead what it was in
tended TO be, a statement Of the rea-
sons why the minority OF the commit
tee dissented from the majority re-
port. Nebeker of Rich, took exception
to the chairs ruling. He cited the
supplementary report which Critchlow.
as chairman Of the judiciary commit
tee. had rendered a few days previous.
cepSuring the senate upon various
acts. He thought if one committee
could submit an argument in connec-
ton with a report another ought to be
accorded the same privilege
Critchiow claimed there was no such
thing as a minority report; that if
such a report is considered at any time
it is because the courtesy of the house
allows il. He did not state where he
got his information and apparently
forgot that such a thing as q minority
committee report and the manner of its
consideration is provided for in Rob-
erts' rules &C order under which the
house is acting.
reading Of the report received from the
gentlemen on the opposite side of the
house. there must be something good
in 1t and he would like to hear it. Op-
position to the reading was finally
withdrawn and the report which is
given herewith was read:
THE MINORITY REPORT.
Mr. Speaker-The undersigned, mem
hers Of the committee on elections. be-
ing unable tc agree with the majority
of said committee in their report upon
the contested election case of ]. F.
Bringhurst, contestant, VS.. Hyrum
Lennon, contestea, therefore dissent
from said report and the recommends
tions therein made in favor of said
contestant.
We dissent from the position main
tanned and the conclusion reached by
the majority Of said committee upon
questions of both law and fact; and in
as much as it is a question OF vital
public concern We deem it important to
state at length the reasons that impeI
Us to dissent from the views of the
majority. It is to be regretted that in
an important matter involving the
rights OF individuals and the public in
which the functions of the committee
are purely judicial, the committee
should in their views and conclusions
as to what is just and right between
the parties litigant divide on party
lines, thus leaving themselves open to
the suspicion of being guided and in
f1uenced by partisan desires rather
than by a wish to do absolute Justice in
the cause.
We sincerely hope that what seems
from these reports to be division Of
he committee for party reasons is
after all only coincidence and that
the members of the house of represen-
tatiVes as a whole at least will be fair.
just and impartial, and determine this
important question by the law and the
evidence uninfuenced by party con
siderations.
If this honorable body will only ap-
ply to the facts in evidence the ordi-
nary rules that everywhere prevail in
OUT AnglO-SaXon civilization, the
undersigned have no doubt that the
conclusions reached By them in this re-
port VIII be adopted and the contestee
be confirmed in his position as a mem
Der of this house.
1t must not be forgotten that the con
testee, Hyrum Lennon. is a sitting
member: that the certificate by which
he was admitted as a member implies
that he was duly elected and entitled
10 the office; hence all the presump ticns
are IN favor of his right to continue in
that position. and must be overcome by
evidence which clearly shows he was
not legally elected.
We confidently assert the foregoing
as fundamental principle of the law
Of elections not contraverted by a
single authority TO be found in the
Jurisprudence Of ENGLAND or America:
that is to say his title to the ONCE hay
ing been determined by the election Of
hcers sworn to discharge their duty ac-
cording 70 law, it is presumed they per
formed that duty legally and consci-
e1tfouslyi and no mere speculative in
ference, rumor, surmise or guess should