Show TOOELE ELECTION tire the flisha to the Li bertiNg but the facts decided fertile hoota clan tire ruling of judge in ilia TI duclion ch clion tilts given morning in writing null is not n roll follows ws court beti bull territory V r il L ens un intal act mav efrat why 1 ft nty aoa a llau should hould nol 1111 1 hwe ay c the th defendants appear or allotting e roily hy it a writ tit of at to lo compel the defendants fend ants to open often still cari A the iho election eleca returns blound not lo in tire ilic guru gen trully Uy bull assign to IMO special causes ot of demurrer dt first there is not nov ond ill at chii I 1 I 1 0 into date ol 01 salil said election any valid election law in in enrco or operation oper alion in ilia territory Terni or r second tile the act cuittI NI nu in net act ann didong for tire or or voton rotor ami re regulating plating ilia manner manlier ot at con conducting dueling elections m tills this territory ropp under LIll suld election was as licud w as never pits six I 1 by tin as a ppearl froin tile legislative journals ol of said mill L talk territory 1 I tie lie fitl slit cabbil of det r Is 9 based apoll like fatt all act rn n tilled oled I 1 an act acl concerning tile om L 1 I ms oollah of L tab and tire act ent olei in an Ret providing for lite ibo registration or a T voters anil anti to to It urther regulate the draft nor ncr of conducting elections in ilcia v mere cro both approved on the iho make lay and that the lorner net re old election clec tion law is in CA conflict no ill t lie new election loov lav 8 tant they cannot both blind to lo etl lier and seen as reference could bo be ather given yen to to on act count odthe of alio llio enno tit t ltd its a approval p ral ill of any yet val I 1 clity cry I 1 thin ill hi of it tiiu alinn sa ha inspection of tie he act I 1 ea entitled titled lie met act concerning ilia compiled laws lawa of ubal as well na its iho deport or of ilia iho car cluora approval Bp of these tao acts it that tile of the be t concerning llie lows of luh L tab on ilia hie R anict glay wis was lipior I 1 lombo approval or of the new tiec lion bior on law nud bad that if there is any con can diet tue two acis is I 1 to not clear such conflicting purk firo are rc by tire a act t lt list apprel ed cl the mom main and more me ro dilU cult question reed by this demurrer is that ihal upon w abich aich ibo ibe second cause is as ita baad cd lowia to gilr was ives ilia ml au under which tile ali election in question lies as lodd legibly passed 1 it is that it il was less slimed limbed limned by ell alo pres idin g officers of both crunches bran chua of ato tern I 1 conall properly orly enrolled approved ilia governor and that it was as prop r ro y recorded by ilia recto ry ol 01 lie hie I 1 ernt errit itry ury anti under liis ilia ut ilia book purporting purport pur inc d to contain tho 11 a acts of the tor tern I 1 tonal rm sod al ila A io in ita tins out cn autly it a prima ari im rt caw c I 1 ID 1 lor ol at tile itic election I 1 law aw a and n fel i it t 10 i 4 frim led by tire hie attorney lor far tile record tints thus made iff is ivo antl and that the alic court cannot go p 0 behind this record recard null inquire from airan tile journals of the proceed loga ings or other whether tills this visa as legally legal IT passed by 3 of odthe alic 1916 in L tins tills view of tho the CA aae lie is if skip blip pont ported A by the courts or I 1 aliat liat it resort in states the tn con grayy is IR lidd to bo be the lie rule in tonic some ot of tile the other oilier st lies to in tire lie case of oft alio llio 11 0 brain of novad i ex tel tell car ro bitor vs 8 T lON cindi I 1 1701 e 6 lt iffa is said that T ill here an get liaa I 1 been bi cn 1 p assed by lite legislature signed by ilia ii pir ul ol cach approved toy ly the overact still hinl tiled aled in like allier ol of tile of mate male it constitutes 0 a mccorl which is conclusive ca deaca of the passage of the act acl as enrolled neither the jour rinds kept by ilia legis i liture nor lite bill as originally introduced nor tile attached to it nor parole evidence can call bo be jd in order to allow that nn an bet act of lie lc leg iila turo pro lurly enrolled I 1 bated and willi w fill tile I 1 11 of r avite did not become A law tins in Is court for tile the purpose pode or of informing ulf of tile existence or terms ol of ti a liw law cannot look beyond be enrolled oilI ad act it tilled to by those officers ollic cra u attio ito hr ahro 0 charged by the constitution vu m ill lt allm a 1 duly doly I 1 ing ag and with the tin duty eio of deciding what djs co linao in tire iho case or ISICE rinju vs blore I 1 10 30 california jit it is ill held that if it is claimed cl aimo that a statute ia fly not no t correctly published or if lite ado t 01 ita it s passage as P is dinick doIl led the ilia question is to be ined ibid and determined by ilia court as one of law nud and cannot rann olbo be put in issue and arnd as an aLtol the legislature Legis Legisla lalure property enrolled on au find deposited deposit tol with ilia iss 13 a record winch is conclusive ex jilt ace of tire the passage of if the w to to t bad that ilia alic act as aa ell cn called the journals ol of tire legislature nor tile the bill ns as 0 originally T 1 g lon ily introduced nor tile attend n i t u is at 01 inched to it 1 l nor parole do can be received in order wallow thil nn olt net of tile hie legislature properly arly ell cn rolled authenticated tin cosite d m fill tire secretary of elitc sit tat either cither lid did not becot new law in it lilt ilia ibo prescribed forms or did riot not become a law as enrolled enrol lell A large of cao caes from deffe cut at states arc am cind in u will these cases iu in support of tire rulo rule luid laid down daw a null many odthe cases leold a diller cut A few are reviewed eed and cl kiniel to in he be largely founded apont constitution BI peculiar to the ibo in n 1 alm ilm lit it tire contrary rules are arc blid the tin on the iho contrary iry held that it li is not only ilia right but tho the duly or of courts court to go go lochin tl the record recent tit ot and ami to irom from tho journal journals of the austin validity is was w 03 passed asbeil As seil as inquired by liw aw that tile iho enrollment record is ia not but odly facie oi dence that the al act acu in posed so as en ell A large number of and decisions bro are cited to support illis viel adiong therefore lliam aro tire cases or vr vs v J nattily 1 11 1 ill I 1 I 1 U I 1 ail ji 10 19 III 43 17 71 03 lai va v 11 red 3 california califa ilaw lumsey aco vs va dinv inv IS ink vs ve cc 20 26 pe 0 o state vs va mcbride 4 aio 31 duj I 1 jones vs 43 4 ala jud A I 1 opinions opio ious aj 35 new shire hiir coal ys ya limitations tied alij others I 1 ironi coni la ill diana null nod now kow york these cabels I 1 think uio the pi gt trend rule in IL ft large number of binges of I 1 lie VIC L dilca ken that life journals which AM kept fly by the of tuc tire to be loosed find in ilia gentral public de dc citory ni tory 0 of f the blate records rectford sar anro lu in tended ad to r ILIA tile c burts and tile public with ilia means 10 lo in M hat IN a ac lually duno done in ibid red by cou 1 branch or the legislature that ilia tire not to be regarded ge ns or of kept by tk t ali K it house fur for ito lib own coma rise tell but that thai they should lo be regarded rig aa authentic ret cords of the proceedings to bo W resorted t to to te late lam alio llio concurred in PAIl sing a given bt act and if ink a tho lie journals that tile iho fia avo djus fid ayt BO bucur grimn faie coot t dlugo derived from file record or tire the published set act M nill bo be overcome the ibo S no t are or of ilia pre lite bid 0 the ill 10 a I 1 I 1 curves ali of of alie etro ivi coot dendo that hint il at became law but tilts this pre nifty may be liy fly the bourna journals lang a I 1 it I 1 be M obvert ell chat binl in ii both oi of tile cases stood cited from SO cull cliff furnia fornia and 10 cutuli Neva cv tuli tire journals shoed thai list ilia bearol acts were P 19 t liy y ilia hie several I 1 clitu lokits ia of tire iho bull au tire w real fubini iii iu in chose naif ll 11 bi bf shown ehon by evi dance that the record recent and journals aitro iho court co go biond LIAS ilis not 01 IS ia above still chati ihil too under continue lions milli provisions regulating the statutes very similar to if not noi v it ilia thoo toioi o orsome of ilia ihu males ili IN the contrary doctrine is lit ill I 1 think therefore that the iho weight of sell tho the reason of the rule as adl JIB all like interests of tile public in guarding against null are arc in favor of the rule ili abit lt ilia carol coroll tricot mcdo record is only evi chance of ilia proper limper passage ol at tho ilia art nuil all that this pie may lie overe conto by a tins tire ince from thea urnald of tho the talk houses to lo tire alacci that lion ihu act ft as not passed according to law apply applying ing tio prin to the mck tit bar w without tracing tills net act through Us its council in the two totsc lion or of I 1 he territorial legislature it u la ny icy i that tire Adoli abolition tion of if tile tho report part oi of tile tho committed I 1 by oy tile two in 0 houses as recorded 0 on to page of if tile printed lr intel i Journ clur nals lB la is andor r the iho and ad the status ol of lid bill it a passage bi by each rouse ol of the net in question no atod it if airy other action vas w as necessary Allt allelo lo I 1 think is ia nit abot cw case the presumption la ill that it it was asli hat oil as there 11 I 1 t a rs a aghta it to ti lie ck contney 1 caty lit in tire J jour iiii of and so cuili it imla lion w voi it it IH jul ol 01 1 I in firor of tire ren enrollment rollI ent record B our C 0 gaule L law s I 1 aliu I 1 I 1 it ill il tot binom am I 1 huniu mu anit t iw bi and 14 merrul d I 1 31 t Scull Fri an judge ihirg I 1 bird Dibir act court utah Ter territory ranry after the aboc ruling was antle tile attorneys tot or lite defendants filed lite lag turra cr tn in tho the district court of tho third ilk IH oct inci of 0 be l or of bara look lako amo F FM 31 1 I III atUT n lborg I 1 t artko w 11 I 1 h K cyter vanti W lil h E F C now retire tire alon aboc 0 located do di it an fn it dint danig F martin It rtin IV it 11 L 1 J IV V and jintle FL a 0 chi t f ra bolling onard ool ling ilia nnie it or of the sald b id 51 lyman tor for the tit nt of cart herin colitto A aud ad a bliok ow to tile court coun that tit alio llio 0 mid arad def defendant leach V F martin SI arlin to is now and wits waa on tile alio fifth th lay day 0 of august A 1 V D W county bounly clerk of Toli kele county T I 1 lah I 1 and abut the ilia ili B danid V reach E C cluse to gother mill w nil iho said elham C aydah h now cons constitute fluid an and ion on the mill intentioned it to tie did constitute tile iho county auni y court of skill county that on tile lord odi lay ot it august tho the said alit engol F martin abling lag in ill bad liis cap capacity adlla ot of cal ial y clerk fruit and tire tho other her danl of lie dc fi admits ns as members of if mill bind county court and after tire returns of lite ho dec tion lion mentioned in ID said read had been necked and placed faced before them to tic lie clui assed tit as by the pretended lw law hercul atter reli to lo required ired I 1 then still and there linked wed to ill examine tan alic 0 said bind returns and then find there fully based on file and cani cn massod amed ilia force effect null ami legality ol of ili te re turns and having ltd the enad duly adjourned anti ever since be bao a been adjourned further ant answering t alic lie sauld said di find chud sacs nola that lion ballut loea froni nil bit tano I 1 the various precincts or of anui 11 cokoly CAUM arc then and therill locktu oud fruit scaled or alitt tit en c lopes tire required fly by tho ilia ae lf lavir iriti A liter to re arv lo 10 to lo ire kept lit ud undressed dressed tiranut dork clerk were in ilia possession sc curtly scaled nt at I 1 lie day abon a barned or at any a other t her tile Iq ot of joly city oil ort tn A tasvill city 11 y batca I 1 if I 1 la lake a view SL bolins julins 1 I lillon und null or or fax from or guy aay of tl ilia said fluid named pru pro i efforts I 1 lie alls deny dan ou on and abdu I 1 thill that tho the belloi bonest ironi I 1 lie othar bihr dreamt is I 1 in I 1 said eaid courtly con tamed tile ayom alio llio clerks or said or tiny noy other mi ce camly go Clu lvell ly by ilie ilia pre to t the deny that hint on oil the ilia said olli dili day adny or august or c r fit tiny any other linn io at city or else here tire hild A of ill a or anny other and either c lector t or or r C cdale demanded that tile llie mid fruit laboch F martin Mi rtin or any that other offic of 1110 broke tile ol 01 LOT or opened said rc turns or that be or tiny or of the said mid should carefully cam fully or other 10 cu examine haul or lanys lite aulne I 1 thay I 1 ady that hint ilia defend ills or di or nt lirly or in any 11 to or or said rf Hirni or any of tyirin lit tile time pee tied in quid it or lit at tiny offit r time but on oil alio llio I 1 con frary lilt be dif nd ad ml cola college that fifty III did on tile lie alid sa idill ith d iv or of august kuda st ul at cily cay altah territory imin aiming iming then find and thore in ns as a base of V iassc M r ciano tind and can vass said for it ritu rod slid then and thara fully passed ou on tile same and andean can IV amed ilia force effect anti legality ot of said returns and rejected tile the santa saino RS AS illegal find void Ihal ticy then and there duly the said can reas I 1 further ll lIh alledo I 1 hint 1 at on the lite an day or of august A ij J I 1 of said id county liili apra a ended election for cur county find officers under tire the po provisions tills a 0 of A purl pur torling to he nn bet of the governor and legislature assembly of uio tile TT tr gitary of entitled air n act providing for tire registration of vote voiers and it to further regulate the manner ini ioner of conducting in this alm territory approved to 2 22 1 lb I 1 1 further allege the fact act to bo thell that no such net was as ever peak passed 1 I by the legislative assembly of the terra tury tory ol of L tali an and it thit ali it tile prett ruled ap poll proud id of tile tho santa by the governor of lerr Atory was and is without right or authority and that tire alic mill pretended election on tire said bit day of was not hild bold hi ld and the thorf returns lurns thereat arc riot not made in accordance mccord buco mill any divor alken or since in fore force when fo re tire intend tilts pray tit tint it tile writ of mandi imis hemin issued be dis dismissed missell thit the hie said emd plaintiff liko lite too lhing by liis ilia mill achion and tint livit abela do have anti recover judgment for their costs in tills this behalf lawrunce A banoun it N X Bist nims ly 1 11 FOOD IS I 1 aig I 1 on is IN attorneys or defendant subscribed and aware to when this ausner was filed bull and berli on the iho plaintiff the by her gorec attorneys 8 kod aal not waru 1 I call 0 tran ill 11 by y 1 jury or ya of the ilia dicta b S ill 1 11 in 1 issue 1 liy 1 il 1 alio l A el ami rid aliu 1 further 11 11 11 hearing 1 r 1 of 1 tuc I 1 on anso watt at t I 1 foi tills his Il morning ai 9 L to 10 joe |