Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-22
ELECTION DECISION.
Full Text 90 Tho Supreme Court
Opinion in The Richie Contest.
THE LAW Is CONSTITUTIONAL
Court Holds that Mons Of plaiilli,'s
Obi ctions W r. Well Ecu ded-
Application for Wri; i'eniet.

supreme COuTt UpluiUn III tuN uiHSD
tn,oted election Contest case OF Morris
Ia Richie va the siate canvaseing
bo,ri as partially published in the
NLws last evening:
In the Supreme Court Of the State
Of Utah, September term, 1886.
Morris l.. Richie, plaintiff, We Nor.
gan Richarde, state auditor, James
Chapman, State treasurer, and A.
G. Bishop, attorney general,
(bosrd OF canvassers,) defendants.
Zane, Z. j.:
The plnl 10 tiff is one OF the judaes OF
the Third judicial district OF the Stale
of Utah, appointed by the Governor
In June Let, to fill vacancy caused
by the resignation OF Judge LeGrsnu
Young. whose term OF Uifico extended
to the Iirst Monday OF January, 1901.
In pursuance OF al act entitled IAN
act relating to and making sundry pro-
Visions concerning elections" in force
April 9Th, 1895. Sess. Laws, Utah, Of
that wear, page 1863; and of an act in
relation to elections, defining { q snses
against the same, and providing pun
ishment therefore, in force March
ostb. ID, page 1888, q general elt ction
was held ON the 3rd day OF November,
of that year, at when person waa
elected to iii the vacancy so held by
the plaintiff.
The plaintiff aAks the court to issue
writ prohibiting the defendants IRON
canvassing the returns OF the election
nj his successor, held and conducted
according to those lave.
The plaintiff insiste that they are
void, and that therefore tue writ
should Issue.
The journals OF the Legislature do
not expressly show how the votes
were taken on the final passage OF the
bile; but the plaintiff claims that the
entries authorize the inference that
they we've viva 1Oce.
The fact il entered upon the jour.
mails Of the respective houses that To o
presiding officer OF the house over
which be presided signed both bills.
IL ia conceded that tho bills were
properly enrolled, signed by the pres
lung officer OF each houae, anu np-
proved and aligned by the governor,
and duly filed in the office OF the
secretary oil State.
The defendants insist that these
bills 30 authenticated should be deem ed
complete and uninpeachabie; that
sucn naturalization furnishes con-
elusive evidence that the Legislature
complied with all requisite constitu.
tonal provisions in their enactment,
and that they were duly enrolled,
signed, approved anu deposited In the
public Archives.
Section IA, OF article 6, OF the State
Constitution declares chat "Each
house shall keep o journal OF it's pro.
~ nj nf
executive sessions shall he published,
aud the yeas and nays on any ques.
ton. at Inc request oil iive members oil
house. shall be entered upon the jour.
ual.O This section n quires the yeas
and nays upon any question to be en-.
tered on the 0uEnals upon the
request of Ave members. The purpose
OF this entry appears to be Tor tutuie
references and publici'y-ihat the
members may act under "a conscious.
ness OF their responsibility to their
constituents, ana 10 the pubic.
Section o., OF the same article pro-
yides, "The enacting clause OF every
law shalt be: BE 1t enacted by the
Legislature OF the State OF Ulab,
and no bill on joint resolution shali
be passed except with the as.
cent OF majority OF all
tlO plumbers tIeCtcu W cum uoueo VI
the Legislature, and after Il has been
read three times. The vote upon the
final passage Of the bills shan be by
yeas ana nays; and no law shall be
revised or amended by reference to its
title only; hut the act as revised, or
section rs anne dec, shall be re'enacted
and published at LENGTH"
rhis section prescribes the enactlng
clause uf every law, and requires the
ascent OF o maturity OF all the members
elected to each house Thereto alter 1t
has been read three timer. And a
vote by yeas and nays upon Its hnai
passage, and iorblds the revision OF
any law by reference to its title; but
REQUIRES the act revised or section as
Amended to be enacted and published
Mt length. This section does not ex-
pressly require the yeas and nays to be
entered ON the journsls, nor does II say
by what means the acts specified shall
be evidenced.
Section "a OF the same article de-
claree, "The presiding officer OF each
house in the presencs OF the house
over which he presides shall Sign all
bills and Joint resolutions passed by the
Legislature, after their titles have been
publicly read Immediately before sign
Ing, anu the IhCt VI buCu riHhibh suhll
be entered upon the journal"
Th,s section requires the title of each
bill pa.ssd to be- publicly rend in the
presenc, OF each house, and the bill to
be then e'snad, and this fact OF signing
10 be entered on the journal.
Section =, Of article 7, OF the same
ipstrument 40 far as necessary TO quote
IL 10, "Every bill passed by the Leeis'
lature before it becomes law, shall lie
presented 10 the Governol; II he ap'
prove, he shall sign II, anu theEeupon
Il ahall become q law"
This provision In effect says thai
every bill passed 10y the Legislature
becomes u law upon being aligned by
The Governor. But 1t does not say
how the passage OF law shall bt
evidenced.
Constitutional provisions prescrib'
ing modes OF enac,ing laws should bG
observed. But whether the proof oil
Iuch observance consists Of the en-
rolled laws deposited 10 the once o.
he secretary OF state, duly signed BY
he presiding Ulcers Of the respective
houses and she approval and signature
II the Governor, or " the entries iount
IN the Journals Of the respective
loupes fuInisheS u question as to whict
he courts Of last reeOst in the vati0u
tsies differ. Objections may bs urge