The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-22

The anXiously awaited opinion Of the
supreme court in the election contest
case was handed down by the justices
at O'Clock yesterday afternoon. The
opinion. which was written by Chief
Justice Zane. declares the election to
be valid and the contestants are
knocked out on each and every point
raised. Justices Bartch and Miner
both concur III the result. nut the for
mer arrives at the conclusion by
different process of reasoning and will
hand down a separate opinion, prob
ably today.
Their Donors also rendered a separate
opinion on the petition of County Clerk
Stanton for a writ of habeas corpus for
his release from custody on the ground
that he is illegally restrained of his
liberty for having refused to issue the
election certificates. This opinion, which
was also written by Chief Justice
Zane and concurred in by justices
Bartch and Miner, refuses the writ and
orders the petitioner into custody IN
til the law is complied with.
Probably no opinions were ever rem
faction and the expressions OF ap-
prevail were numerous and emphatic
everywhere. OF course The court
house ring and most of the employees
an the city and county building We're
very glum and some of them took their
overthrow with very bad grace.
THE OPINIONS.
The full text of the opinions is as
fellows:
In the Supreme Court of the State of
Utah. September term. 1896:
Morris L. Richie, Plaintiff, VS.. Morgan
Richards, State Auditor; James Chip
man, State Treasurer. and A. c. Bishop,
Acknowledgement (bOard of state can
vassers), Defendants;
Zane. c. J.:
The plaintiff is one of the judges Of
the Third Judicial district OF the state
of Utah. appointed by the gov>rnor on
June lst 10 III the vacancy caused by the
resignation of Judge lie Grand Young,
whose term of Office extended TO the first
Monday Of Janu ", 1901
In pursuance Of an act entitled AN
act relating to and making sundry provis-
ions concerning elections in force April
5th, 1895. session laws, Utah. of that year.
page S69 and of an act in relation TO
elections. defining offenses against the
same, and prescribing punishments there
for. is force March 18th. ID. page 1s3. a
general election was held on the Bird dav
of November OF that year. at which a
person was elected to I'LL the vacancy so
held by the plaintiff
The plaintiff asks the court to issue a
writ prohibiting the defendants from can
xassing the returns of the election of his
successor. held and conducted according
10 those laws
The plaintiff insists that they are void,
and that therefore the writ should issue.
The journals OF the legislature do not
expressly show how the votes were taken
on the final passage of the bills, but the
plaintiff claims that the entries authorize
the inference that they were viva voce-
Tho fact is entered upon the journals
OF the respective houses that the pre-
siding officer OF the house over which he
presided signed both bills.
PROPERLY ENRor I'D.
II IS conceded that the bills were
properly enrolled. signsd by the presiding
officer Of each house, and approved and
signed by the governor. and duly filed
in the Office OF the secretary OF state.
The defendants insist that these bills
so authenticated should be deemed COM
plete and unimpeacnable; that such au-
fhenticaticn furnishes conclusive evi-
dence- that the legislature complied with
sI requisite constitutional provisions in
their enactment. and that they We're duly
enrolled. signed, approved and deposited
in the public archives
section a, of article s. of the state
constitution, declares that Each house
shall Keep lDukidA III rs bloSceu-ltES,
which. except in cases of executive ses-
sions. shall be published, and the yeas
and navs of any question: al the request
of five members of such house. shall be
entered upon the journal" This section
REQUIRES the yeas and nays upon any
question &c be entered on the journals
Iipon the request of i've members. The
purpose OF this entry appears 10 be for
future reference and publicity-that the
members may act under consciousness
OF their responsibility to their con-
sIitueDts and to the public.
S.sctIou D. o. the same article provides,
'-The enacting clause Of every law shall