The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1904-11-01
THE CONTEST

Farrell and MI. Allen COnIesICu Viie
election of Larsen and Anderson ana
as are all aware the cases came on Ior
hearing in the district court on Dec
ember 18th, 1902. What evidence there
was in the whole proceeding that
would lead Mr.. Farrell or Mr.. Allen TO
suppose they did not have an honest
and fair chance TO win in that cam
paign and an honest count at the polls
by their democratic Judges OF election
who were in the majority. is still a
mystery.
During the course of the trial the
court upon request OF Farrell aud Al
len ordered a recount OF the ballots
from certain election districts and
when the packages containing the
ballots were brought into court many
of them were found to have been open
ed since the sealing of them by the
judges of election Larsen's attorneys
objected to recounting ballots i'm such
condition, but the court ordered the
recount and ii then appeared that
there was majority for Mr.. Farrell,
notwithstanding the original count by
the judges of election showed ma
iority for Mr.. Larsen.
The case was taken TO the supreme
court and an opinion delivered August
|, 1908.
THE SUPREME COURT
This opinion is As follows:
"The correctness of the official can
vaSs and returns are presumed, since
the same are made Immediately upon
the close of the polls, by sworn OFF,
GERS, usually in the presence of the
friends of the competing candidates,
before the result of the election is
known, or an opportunity for tamper-
ing with the ballots is presented.
Experience has shown that temp
tation, on the part of a defeated can
didate or his friends, to change the
result of an election, has been fire.
qucntly manifest, especially where the
vote was very close. In such case the
danger of tampering with the ballots
is so great that no opportunity must
be afforded by those who are entrusv-
ed, under the law, with their safe
! keeping. Therefore, in cases where
the departure on the part of the GUS
/ 4 .flin nf thn hn llntS frnT,N tho Of n N
tory requirements for their preserva-
tion, has been such as to necessarily
expose them to unauthorized persons
or the public, the ballots should not
be received as evidence against the
correctness of the official count and
returns.
Looking now at the facts disclosed
by the record, in the case before US,
in the light of the principles above re-
ferred to, the question is, were the
ballots preserved and kept according
to the law, up to the time they were
admitted in evidence? 1t appears
that the contestant himself was the
custodian, and that the packages con-
tanning the ballots were received by
him, as county clerk, on the next day
after the election, and remained in
his possession until the time of the
trial. From his own testimony il APP,
pears that, while in his possession one
package was opened, in the presence
of the board and candidates, to get at
the records, and then again sealed
that the sheriff took out two packages
wherein the seals were so frail that
they broke open: that otherwise the
ballots were, so far as he knew, In the
same condition as they were when he
received them; that on the package:
from several districts the seals were
broken, while the ballots of one dis
trict were not sealed at all but simply
wrapped in an envelope and not tied
; and that in this condition the pack
ages were placed and kept in tele
phone room, which was in the con
testant's office, although there was 9
vault connected with the ofice having
some vacant space therein. Respect
ing the telephone room and the acces,
TO the ballots therein, the contestant
testified "There is a lock on this
telephone room, but it has not beer
locked; the door Of the main Office
where the telephone room lies, is al
ways open when the janitor is around
with the arrangements have made
it will be easily possible for person,
not in my employ to have access tC
these envelopes, in way, but to what
extent would not be willing to say
it would be easily possible with the
arrangements which | have made;
have never examined the packages
containing the ballots after they were
placed in the telephone room: | have
never kept track from time to time
that they were there; it would have
been possible if any one had desired tC
do so that some Of them might have