Show XOl FOR THE SUPREME COURT The motion for a new trial in the election case before Judge Bartoh having hav-ing been overruled an appeal will now be taken to the Supreme Court of the territory That court is in session To be of any service tha case must be considered during the present term and must be advanced upon the calendar An effort will doubtless be made to obtain ob-tain an early hearing and decision It seems that there are really but two points to be considered They are whether the Utah Commission is constituted con-stituted by the Edmunds act the canvassing assing board for members of the Legislative Leg-islative Assembly and therefore for delegates to the Constitutional Conveiv tion with the combined powers under the Utah statute of the county canvassing can-vassing board for that purpose and those of the Secretary and Governor in such case or whether the Commission Commis-sion must appoint a canvassing board to take the place of the > county board and perform themselves only the canvassing can-vassing duty imposed on the Secreta rand r-and Governor of the territory Judge Bartch took the latter position and from his decision counsel for the Commission will appeal Should the ruling of Judge Enrich toe sustained a canvassing will have to bs appointed ap-pointed for those counties the returns re-turns from TYihich are in dispute If it should be reversed then the action of the canvassing board for Salt Lake county ws presume will pot stand and the Commission will have to go into the ballot boxes to determine the rights of candidates whose rights are in doubt on the face of the returns In either casa there will have to be more or less recourse to the ballot boxes because that is the means provided pro-vided by law to meet the conditions which have confronted the Commission in the returns which they have received There is no other adequate remedy for the evils resulting from incorrae clerical work at elections Utah needs the voting machines which rentiei both error and fraud sit elections impossible im-possible |