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Show CANVASS OF RETURNS. An Interesting: Statement Hade by Chairman Chair-man Letcher -Ho thods i'ursuod by the Utah Commission Ever Since Its CreationThe Crea-tionThe Present Statun of Affairs. The while situation regarding the canvass of the returns for delegates to the constitutional convention, when briefly and truthfully sat forth is as follows: First The registration of voters, the conduct of the election atd the canvass of the returns, weie required to be made and done in the seme manner as in the choosing of a territorial legislature. legisla-ture. Second Ever since the creation of the Utah commission in 1882, the method of conducting the election for members of the legislature, has been to have the registry books, poll lists and the tally sheets forwarded direct from tb.6 various precincts to the Utah commies'on, which cp.nvassed the same and issued the certificates to those elected. Third The ballot boxes were never sent with these returns (so far as we know) for the reason that in no instance was the result so doubtful as to require re-quire a recount of the ballots. Fourth as to the election of all other officers (excepting menjbis of thelea-. islature) the commission has followed the rule of appointing one canvassing board for the entire territory, wMch canvassed the returns from the various precincts, made out the necessary abstracts ab-stracts and deliyered to the secretary of the territory, who, under the direction direc-tion of the commission, issued the certificates cer-tificates of election. Fn'th Whenever this board of can-vascers can-vascers was unable to determine the result, in any given case, from the registry reg-istry books, poll lists and tally sheets they resorted to the ballot boxes and made a recount. Notably was this true in the last canvass, but recently completed, com-pleted, wherein the board were compelled com-pelled to send for ballot boxees in Juab, Utah, Salt Lake and Weber counties, and in each case made a recount re-count of the ballots in order to determine deter-mine the retult for county or precinct officers, or both, as the case required, and their right to do has never been questioned. Sixth The necessity for a canvassing canvass-ing board (either one for each county or one for the entire territory) has all along been an undisputed proposition, except in the case of the legislature. Here the construction of the law has been, without exception, that the commission com-mission itself must canvass the returns as they came direct from the several precincts, without the intervention of ano' her board. From those well acquainted ac-quainted with the record of the old commissions.it is learned that these problems have been considered, argued and discussed with the unvarying result re-sult as above sttaed. Seventh Now, all things pertaining to the election of members of the constitutional con-stitutional convention are required to be done in the same manner as in choosing members of the legislature, and the present commission were endeavoring en-deavoring to follow the law. as construed con-strued above, when proceedings in court were instituted vhich sought to direct or prohibit them from exercising the functions necessary for a full compliance com-pliance with what thev understood the law to be. The decision Jrendered in the district court, construes the law to mean that in all cases, both for county and territorial officers, as well as for members of the legislature (and constitutional consti-tutional delegates) the commission must appoint a board of canvassers in each county, which will have all the powers given them by the statutes, in eluding that of reBOrtfng to the balbt boxes if necessary. In compliance with this view of the law, the commission has named a canvassing board for Salt Lake county, to which all the returns for constitutional delegates will be delivered, de-livered, for their examination and canvass. can-vass. In all counties in the territory excepting those in dispute (Box Elder Weber, Salt Lake, Sanpete and Beaver) the commission has decided to accept the returns from the precincts in the several counties and to follow the old rule of canvassing for the legislature iu order to arrive at the result for con stitutional delegates. By this method they follow the old construction cf the law in counties where there are no disputes, dis-putes, while in Salt Lake county they follow the decision of Judge Bartch, and in the counties involved in litigation litiga-tion they await the decision of the supreme su-preme court for the final construction of the law. |
