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

Judge, or clerk, Ia The iiit " voters op.
posiic the name VI such. voter.
II next became necessary 10 deter.
mine whether this provision for plae.
iug numbera on the tally book, 0ppo.
slie the nnmr Of tho voter, aud Inc
corresponding number on the back Of
the ballot, before u n deposited, VIC
lalss the rieht guaranteed 10 the electors
under the Consultation " voting by
secret ballot. We are niUod M reach.
ing u conclusion upon this particular
provision by the utClsiDna OF courts
where the same pr vision IN the lave
Of other states have bbuu brought into
question.
Tho tupfeme court Of Indians, In
WiDiApis W. Stein, as Ini. 80, held
such a statute unconf tiiutiOnal, ~ VIC.
laung the secrecy implied In the con-
stltutlonsi PROVISIONS that the vote
should 10 by ballot, the court In that
ease saying. "The secrecy, which T.
esteemed by all aulhorlty 70 be- es'en.
tial to the nee exercise 81 suffrage, 4
Ne much violated by this law ~ n II
had declared that the election should
be viva vocc."
luis same WOW was taken ~ Bfis.
babe " Cleary, 20 MINI, i05; Hast.
innk cas-, Hldkingt' tCanada ~.
casss, 5Oi. nnd WOODWARD Va Barsont,
A.. X. 10 4, =. 1853.
In oil " ino caFts above mentioned,
the contribution simply provided that
elections should To BY ballot, aud upon
an oiabUfHte review VI all the authorl-
Ties, the conclusion was rescued that
In this county the ballot i'm plies ab-
Hs.s 49,
this doolfinc h founded In the highest
confederation ~ tublis policy, thtt the
term "hAliUW Implies secrecy anu that
this mode Of vOting WIS adopted main
iy 10 enabls each voter 10 Keep secret
nio vote, Our Consultation goes fur
thot than any Of tnotO, and provide,
not only that elections shall be by
ballet, tut that they "ahall be by
secret bAliot.n
Having reached the conclusion that
the provisions VI tho Constiiuti0n fe.
qulfng tnai oil elections nial be y
teciet ballot, and that sueh oJuttitI.
iiUual provisions are mandatory anu
pfohibitofy, and having further deter.
mined that the provisions ior placing
numbers on the ballot nnd n cuff,sp1nc.
ing number opposite tho voters uamc
destroys the secrecy OF tue ballot, am
clearly Of the opinion that an election
held under the provisions OF the law
shove quoted 10 absolutely Invalid, and
~, In iHui, no elect on.
DUTIES on IirE n1AHD " cANvAssERs
{ am iurihtf requested In the ros0-
Unions 10 ADVISE the board ~ 10 ~
duty IN the promises.
All authorities upon the question
hold, Ia clear sad ubmistakablv tefms,
that roafrs Of cauvnB,ufs arc minister.
iAl ofiicyIs obly, whose Uuty u IL %
receive the returns ffsm the vAriou,
pfoeincts, OF eoun'ils, ne the ease ms
nr, And declare tue results a. shown
by the face Of the TeiuTns. Following
thstr sut1ofliios, would advise thi,
bsatd that you cannot consider ary
| question as 60 the validity OF the elee.
ton, aud that you are 70 oset ~ the
votcs given, from proper uOcumen.s,
anu 20 declare those persons elected
VINO appear from tbs face Of the returns
10 have tho highest number ~ votes.
Section q Of Chapter leb OF tho
Laws OF UtHh, 1895, concerning olvc.
items, requires the ciefk VI the board,
10 so0n rs the 70 alt IL declared, IA
enter on the records OF said board d
stttpment " such result, which ststr.
mrnt must show the whole numDsr oil
yous cast In the county, the name,
| OF the pertOns voted for, the office "a
nil which each person was voted for,
tho number Of votes given ut ehch
precinct 10 each Of such persons, tnt
humber " woes given In the county
10 zach OF suon persons. Ana section
rs, following, requires that "iho board
must declafe elected tho PERSONS having
| the highest numNef NJ votes given iol
each office 10 DO filled by tho votes u
\ single county or subdivision there
| of.h
Section 20, following, requires tina
"ihe county clerk must Immediately
make cue and deliver 10 such person
Except TO the peron elected disific
| Judge certificate Of election signed
by bin anu authenticated with hi
tthl.n
Your duties, therefore, arc cleaflY
defined by statute, aud unless you AZ,
prevented by tho intervention OF I
court 0f competent Jurisdiction, from
performing these duueS, the terms o
the sections above quoted should bl
promptly coupled win.
Very respectfully submitted,
G.. q. WHl1TTNiURE.
County Attorney for Salt Lake County
Utah.