The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-11-16
a singular Statement Made to the
Cangasslng Board.
CAUSED A STORMY SCENE
ACCUSATION MADE BY DEPUTY
CITY RECORDER REIsER.
Says One Vote Was Added to Howe
On the Tally Sheet, Which would
Elect Him Over Dinwoodey-
Twenty-ffth Thrown Quietly
Attorney McKay's Opinion.

IL Tie IduSUag6 OF councilman
Lloyd, the city council canvassdng
board was in deep water last evening.
The later developments of the session 5
proceedings tended to show that at
least one Of the members was wallow-
ing in hot water
The board met after adjourning over
from Friday to get the city attorney s
advice as to the proper method to be
pursued in determining the result of
the canvass, either by considering or
rejecting the irregular and defective
returns from district Nos. %, So, AZ
and 46. Mulvey was the only absentee.
The city attorney was on hand with
his opinion, hut his advice was to a
great extent disregarded. The action
probably furnished the basis of a con-
test, although the result of the cleo
ton of Bacl1man over Emery, Tim
mony over Wenger and Clark over
Dale would not be altered on the face
of the tally sheets had the returns
from the four districts named been re-
Jected or considered.
THE PROBABLE EFFECT.
In respect to the councilmen shown
by the face Of the returns, either with
or without the foSll- discrepant and ir-
regular sets, to have been elected,
none would have been effected by any
action of the caMvassing board. except
Dinwoodey and Howe, who have been
tied. With the returns as undoubtedly
sent in from the And and as published,
both OF the Democratic candidates for
the council from the Fourth precinct
had a plurality from all the seven dis
frtcts of 81 each. a, tie. The rejection
of the 42nd's returns would have elected
DfnWoodey. if contest did not deter
orlo a1,, ~
finding, under suspicious circum-
stances of an apparently new tally
mark for Howe and the attempted ac-
ceptance of the returns would tend, as
was doubtless intended by the con-
spirato1s, 10 throw off the tie and elect
Dinwoodey's rival.
A NICE STATE OF AFFAIRS.
Until the matter is cleared up, at
least one member of the city council
canvaSsing board is under suspicion of
having tempered with the tally sheet
prepared so carelessly and irreg7llarly-
by the election judges OF District No.
A. with the evident intent of eiecting
Edgar Howe. The discovery of the
adding Of the tally mark and the accu-
sation made by Deputy City Recorder
Reiser occasioned a stormy scene.
which VIII probably be re-enacted at
Wednesday afternoons session and be
proceeding. Every member except one
took a hand in raking Deputy Reiser
fore and aft and this one it is said,
was accused by Mr.. Dinwoodey, on the
floor, of having added the mark in the
tally sheet that gave Howe one major
ity.
THE CITY ATTORNEY OPINION.
The first in order was the reading of
City Attorney McKay'S opinion. 1t is
as follows:
I have received from the recorder a
copy of Councilman Lloyds resolution,
adopted by your honorable body on the
18th inst, in which 1 am requested to adj
wise you.
FdrSt-.What legal steps. if any, can be
taken by your BOARD 70 determine the
vote vast for the different candidates at
the recent city election in election district
No IS. IN which no tally sheet accom-
panieS the rern'n2
,Tict No. ~, in which the tally sheet is IN
signed by the judges of the election, and
said sheet has been kept in such a care
less and imperfect manner THAT II Is inn
possible 20 arrive at a determination of
The votes cast for the different candidates
other than by taking the TOTALS as ex-
tended by said judges.
Third-Also as TO election district No.
%, in which the aggregate votes shown
by the tally sheets as cast for certain Off
GERS, exceed the number OF votes shown
as voted by the official register and poll
book.
46 in which the tally sheet IS not certified
or signed by the election judges.
In reply 1 have the honor to state that
the purpose and scope of the law now
under consideration, as declared by sec
rion II Of chapter V, page 204 session laws
of 1897, is that no declaration of the re
suit or certificate of election must be
withheld on account of any defect or in
formalftY in the returns of any election,
ii it can with reasonable certainty be
escertai1ed from such returns what office
is intended 10 be filed and who is elected
thereto
A mere failure TO fin out the certificates
sn poll books or to do or omit other acts
in making up the returns that is not es-
senTial TO determine for whom the votes
were cast, is not such an frTegularfty as
TO ertdtle the board to reject them, but
they must be -canvasSed anu the result
declared as in tine case of returns 10 which
there are no objections. No contest be-
tween candidates can be made before she
board. but must be carried to the courts.
Neither IS it permissible under the law
for the board TO open the ballots.
The election returns consist Of three
FTrst-The official register containing
the names and residences of persons en-
cited to vote.
Second-The poll book containing the
names of all persons who have voted, and
third the tally sheet which should show
by tally marks the Office and the person
for whom the votes are cast
These three documents should 50 far
CORRESPOND or tally with each other as to
enable the canvasSing board to determine
slherefrom the exact number Of ballots de-
posted IN the box. and for whom cast.
If this cannot be determined by ehe
hoard from an examination of the face
OF these documents, the returns should
be rejected and the parties in interest
VINO feel aggrieved 1T the decision be left
20 their remedy in the courts.
In respect OF poll No S. wherein no
tally sheet has been returned to the board
/ ana of the opinion that these returns
should be rejected. because in the alb
eence Of a tally sheet it is not possible
90 ascertain for whom the votes at this
poil were cast.
In respect Of poll No. AZ, IT, as stated in
t71e resolution. the tally sheet has been
50 careiessiy and inperfecJly made out
fr,at st IS impossible to determine there
from for whom the votes are cast, except
by taking the totals as extended tD the
6e rejected. The tally marks and not
the totals. are Necessary to verify the
returns
AS 10 election district No. 25 in which
tgle aggregate number of votes cast, as
shown by the f.ally lists. exceeds the num-
her of persons VINO voted. as shown by
The official register and poll book, I ann
Of the opinion that these returns should
be rejected.
In respect to election district No 4e, if
4e1e only objection is that the tally sheet
IS not certified or signed by the judges OF
electfon and the board is satisfied that
c1T the opinion that they should be can
vassed and the result declared.
II inc adoption or rejection of any of
*e,oee ,-errfrrS affecT the election rf INV