The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1908-10-20
NOW IN HANDS Of
THE SUPREME COURT
Highest Judicial Tribunal in the
State VIII Pass on ReSigna-
ton of Electors.
ARGUMENTS ARE HEARD;
CASE UNDER AMUSEMENT
Decision Likely VIII Be Handed
Down When Court COnyencS
Tuesday Morning.

The case has been submitted. 1t IS
now in the hands Of the court, a de-
cision probably viii be handed down
this morning at 10 clock. The matter
at issue is the State of Utah In relation
TO William j. Barrettc, r. e. Plough and
Charles A. Weaver VS.. Charles >.
Tinuey. secretary of state or Utah. The
case is in the supreme court oil the
state.
Several days since there was received
by tho secretary of state letter signed
by the nominees for presidential cleo
tors on the church Republican ticket
which reads as follows:
Hon. C. S. Tingey. Secretary OF state.
Having been nominated by certain vots
ers residing within the state OF Utah ana
affiliated under the political name o
Taft Liberal Ticket" by n certificate ot
nomination fled Ia your office October i,
1908, for the office of pres ldential electot;
TO vote for president and Vice-presldent OF
the United States. l hereby notllE Hoh
that l decline such nomination 2y SUCH
voters on said Taft Liberal TICKET,
Nothing herein contained. however, snuli
be considered as decllnatton al my nom
inatiou for presidential elcctoT TO vote tor
president and vice president Of the Cnlted
States heretofore made by the Utah Ee-
publican convention on september 10,
1908, which said last-named nomination
] hereby expressly accept.
Intended as Resignation.
This document was signed by Messrs.
Seayy, Holbrook and Cohn, nominees
Tor presidential electors on the Shurch
Republican ticket. 1t was intended by
the candidates TO have the dual effect
of resignation from the ticket known
as the TAFT Liberal and an accept
auce of the nomination made by tho
certificate from the Republican conYen-
tion. 1t was accepted and officially
recognized by the secretary Of state as
having this effect. and he therefore
omitted from the lists OF candidates
certified by him to the various clerks
The names of these men as candidates
upon the Taft Liberal ticket.
Friday last a petition was ti!cd by IL
B. Critchlow and Z. A. Walton, attor-
neys for William J. Barrette, who was
the representative Of Il. l.. Plough and
was filed in the supreme court, set
forth the fact that 900 electors asked
that the names Of Thomas Seavy, La
fayette Holbrook and Henry Cohn be
placed upon the ticket known as the
Taft Liberal party ticket. These gen
tlemcn pretended TO resign rs candi-
dates for presidential electors, to be
held November 2, 1908. The petition
demanded that the secretary of state
show cause why he should not certify
up the names of the electors mentioned
Therefore the court issued this order,
which was served upon Secretary Of
State Tingcy. The order follows:
Order for Hearing
Now therefore. We being willing that
full and speedy justice be done In the
premises. do command you. Charles S.
Tingcy. secretary o, state OF Utah, that
Immediately after receipt OF this writ.
you certify to the county clerks OF the
several counties OF the state OF Utah, the
names and nominations OF said presiden-
tial electors, namely. Thomas Seavy, La
fayette Holbrook and Henry Cohn. as
certified to you ny said group OF signers
Of said certificates afriliatine under the
political name OF Taft Liberal Ticket"
together with the descriptions OF each
such candidate and other details rs men-
toned in said certificates of nominations
so certified by the certificate certifying
said TAFT Liberal Ticket as provided by
law; that you show cause why you
have not done so before our supreme
court at the court room thereof, in the
joint city and county building In Salt
Lake city and county. state OF Utah at
the hour OF 10 o'clock a M. on the 18th
day of October a. u. 1908 (the judges
rf his court having by order specified a
storior notice than the time flxed By
'tHl. and have YOU then and there
- writ. Witness the Hon, William NJ
St,F artv. chief Justice OF the suprene
court or Utah. At Salt Lake City, this
10th day of October. y. .. 1903, and the
seal OF said court.
In accord with the order the hearing
was had last Monday. Chief Justicc
McCartv being disqualified, in that he
was . candidate for reelection. J. T.