The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-10
CONTEST WILL COME
AFTER THE CANVASS
Question of Constitutionality
of Commission Form Sta
tute ArouSeS Interest.
LAW REGARDED UNFAIR
Voters Who Must Write in
Names of Their Candidates
Are at Disadvantage.
LAW REGARDED UNFAIR


pal election In salt Lake was held VIII
be taken only after the returns shall
have been officially canvasscd; and that
process will begin on Monday ncAt, upon
order Of the city council.
That tho public is deeply interested in
the proposed action is evidenced in tho
general discussion OF Tie subject that US
now being had among thinking citizens.
Martin T.. Mulvcy. who has announced
"a determination TO make test Of the
new law. Is constantly in receipt OF let
tcrs from all parts Of the state, eH-
pressing much interest In his action.
Mauy OF these communications come from
prominent citizens in communities that
arc not now directly affected by the
change in election method. Their con-
Germ I'm the matter arises from the fact
that they arc anxious TO have the test
made in order that they may learn ne
attitude OF the courts In respect OF the
law In this special instance,
Point of View Illustrated
The view is widely held that there is.
under the new system. at least partial
curtaIlmcrt Of the constitutional right OF
the citizcn to freely express his choice
illustration that has ben presented Is
regarded with some favor. II may he
looked upon as putting forth an extreme
case, but IL Is pointed out that the effect
under the new law is precisely OF the ma
ture set forth even though the degree
may generally be less. lf. for Instance.
there Were ono hundred electors In a
given locality and there were three tickets
in the field. At the primary election one
ticket would receive 80 votes; another
would be given a5 votes; the third but
81 votes, Indie. the new Law the ticket
receiving 81 votes would have no place
on the official ticket. notwithstanding the
face that II had received tho support Of
nearly one third OF the electorate in that
locality, II is commended that therein
would occur a distinct and effective cur
tailment Of constitutional privilege to the
this new plan the 81 citizens would have
the right 10 vote for candidates on either
or both OF the tickets printed upon the
official ballot ii is still contended that
support the men Of their first choice even
though they represented nearly one third
of the total voting strength of the com
munity.
This illustration. It Is argued holds
good in any municipality, no matter how
large or how small may be it's agSre-
gate voting population
Blank Spaces Unfair,
As partially offsettins this condition.
It Is held by some that blank spaces left
on -ttiiiftts- ballot sheet gives TO the cIti-
zen the opportuni,v-to express his choice
by writing in the names OF his preferred
candidates. However, the view Is taken
that II is the Intent OF election laws In
general to supply 10 the citizen the most
convenient ballot possible. The proyi-
sion Of blank spaces. wherein the voter
lis compelled To inscribe a list Of names.
is held 10 be most incouvenient. In fact.
il is shown that a distinct and undue
advantage is thus given 10 the candidates
whose names are printed in the ballot
sheet. as the voter will more often than
otherwise prefer 10 mark down an X
than TO perhaps laborously inscrbe d
name.
The convenience feature. therefore, is
converted into a patent advantage TO cer-
tain candidates and gievous disadvan-
tage TO others who may be held in fa~
gate constituency The opinion is held
by proponents Of this form of objection
10 the present law that If there is To be
any requirement at all for writing in
names the ballot should be merely blank
sheet, that all voters would be af-
forded equal convenience or be subjected
| to equal Inconvenience, just the matter
may be viewed.
Basis Of Objection
II am positively against any form nf
said one citizen yesterday. II observe
that on the close Of the election last
Tuesday night Mayor-elect Park said :.
Our organization Is now dissolved and
right there is the ground upon which /
base my objection To ali such 'nonpa rti-
san movements. In thc event that ans
| misconduct should occur in The activities
Of the incoming mayor and commission
erS there is no responsible party-no or
Sanized guarantor-to which we may go.
In this case II has gone entirely out of
existence. as shown In n statement print
ed in one of the movements organs. say
ing: In keeping with the statement Of
Mayor elect Samuel e.. Park on the night
OF election, the campaign organization of
the Citizens committee was dissolved
II looks TO me If this committee were
placed in The position Of baving saddled
upon us set OF municipal officers and
then washing It's hands of the whole af-
fair 1s quickly as possible and leaving
us to lake care OF the case as well as
We may
One feature Of the proposed contest is
rega rded favorably by all classes OF citi-
zens. II is that Mr.. Mulvey took no
definite steps In the matter until after
the election was over II was stated by
him yesterday that il was not his desire
In the first place. 10 attempt 10 raise the
question al time when it might have
had some effect upon the election itself
He preferred 10 wait until the campaign
and the voting was over. and then to
bring forward his contest when there
was better opportunity for calm and
| careful public consideration without In
any manner distraCtlng attention from
matters pertinent 10 tho campaign as
conducted under the new law.
Ogden Much Concerned.
Ogden citizens, above those OF other
municipalities outside OF Salt Lake are
especially concerned TO the outcome
of the proceedings TO be instituted here
committee from that town has been
here to ascertain ii the case was TO be
pressed TO finaity. Tho gentlemen
composing this committee werc yraiified
10 learn that there was determination TO
bring the subject before the state SUI
Pre- me court and TO have a dcciciou from,
that body at ihe earliest possible date
at least before the first OF the new year
when the officcrs-elect are supposed 10
assume charge or the city government.
The contest Is raised Mr.. Muivey
says, simply I'm behalf OF all the citizen
ship of this state, lie declares that
he would have carried out his intention
as announced some months ago. no uat-
ter which ticket In the field should have
proved victorious. II is especially do
sired that e'actors give the matter their
most calm and serious thought as IL
is one that concerns each individual Voier
auitc as largely as II does the community
as Il whole.