Show TIIE THE TOOELE the ile orld and have boiled 0 over er with ire at the hie exercise of ills dis fiction ci action by the county court of thoele tooele lit canvassing the election returns of that county when the ali ballot boxes from the iho various pre chicas weis first opened by tle the court sitting as aa canvas canvassers era they refused to canvass the ills for ica thought rood good and 8 sons oils which they 9 sufficient gholam the law prescribes how tile the clerks clerics of election seal tho the refill returns ns and secure the ilia ballot boxes boses before be ro oro be sending moling them to the county coonly bielk the object of this hia legislative pi precision being to prevent fraud these requirements were not complied with or only in one oito or two cases and this neglect and neeru I 1 lacity a city defeating the object of the law the county court regarded the ns aas as enval inval invalid id 9 and lid I 1 laid a id I 1 them hem aride A mandamus from the third Ps ilia brict coult B as tile llian sued out by bv one lyman who m ito claimed to be defrauded bb a candidate mr E 1 I maitin county cecili end others appealed to the supreme court of the territory from the iho mandate and tho the judgment of the lower court was affirmed but an appellate cobit lias IRS no clivi power er to pi how tho the duly shall be or lather father how tile the canvass shall bo be made the effect of tho the judgment WEIS was merely to compel the county canvassers to canvass the vote vole the manner of this workbag w ork has brought down upon the heads beads of theo grace graceless ess officials the consuming consa of the cei lasting priesthood tho the scribes as in duty duly bound do the bussing cussing for their holy mil masters Grandi nother declares decla res that the spirit and very letter of the mandamus have been I 1 io and site appeals to tho the district court to vindicate its own authority find and do justice in the case the small officials of a single counte says tic the old ohl jado with bitt may think they can call copy the tactics of southern rn retaining boards and may inny faney they have a iii precedent nt for their course in the electoral Ek cloral commission composed of high dignitaries les but we hops hope they will learn a lisson lesson front from our local courts w aich will be sufficient to last them for a I 1 retime lifetime I 1 and deter others front from taking a similar course the fioelis and foams falling with lago slid and will not be content unless the these so contu conta madious Un LiOtIS officials are lodged in the penitential y this newspaper hurt them indeed in the e es of many sound gentiles a good raking down by the 1100 mormon priests is evidence of a man s woi woith ill and fidelity the question is have these offices offic cis S made the canvass as required by the mandate of the courto court or have they refused to perform that duty and thus placed themselves in contempt 9 i the election law under tinder which the county court acted after pi it in ing g low how the boxes and returns shall bo be sealed scaled aud and transmitted to the county clerk requires them to examine carefully tho the returns return sI na 4 if 1 no I y or ce ill discrepancy p in a a in lie rent I 1 or lh 11 election ll l l of I 1 a key d illi ill lacy b hall P as ld d u as correct bull i the right of an toy a ill lor t for i any dishis I 1 ial I 1 la any way 1 ibe then in the clerk can abd id id 1 I or of 1 abc I C county ill oart ni open be bat his from aid oil and ad too sain fine tto an g fir to dea determine e 16 of in ba hose folco S be see sec 25 of the same act provides pro that coll sloss or of an am or do 7 I 1 ofiel 14 shut arball out dot kiy 1 I it s or oa sh r 1 ihal 0 of n dy legal ftp cut except 1 lo 10 t extent th 1 17 if hall b bava pro rod wesel fair vote beyond a question these provisions of the statute confer discretionary power upon the board of canvas tRI seia a before they accept the returns as they must lie be satisfied catl saied there here is IS no irre irregularity or discrepancy 1 ant lit if is ia apparent to affect the right of any person voted for then they shall ell ill open the ballots from such precinct and canvass the same what is meant by the tt ord candus can webster saas to examine curiously to lo beatch or silt sift out lie ile also algo rives gives a definition Ili tiOn to sift to strain to el biam uie ints Ably to to I 1 niec C as to canvass the votes for senators 11 and tins this seems to be the signification attached to the nordby word by our inspired jaw makers I 1 as lit ill the same section sec IS 18 po pow er is conferred upon the county coult to cause to at appear pear before them any persons 1 horn hem they ra may ay deem proper and tale take their testimony in relation to said election in said precinct this to broide pro ide for a thorough search and sifting of tile the vote to dc determine termine what portion is valid slid and what part ft fraudulent grid and u where here discrepancies and it re g alari ties bics imail the returns from all tho the P pro rea incas with ly one olio or wo exception it is clear that the rights of all per persons ons I 1 eted for are arc affected in see sec 23 25 quoted above tile canvassers v aasc rs lave have discretion allowed them in determining it hat are arc legal votes it ill M tile the belief of many of our lett beet lawyers and judge boleman is very emphatic in the avowal of such belief that w women s votes in this tei Tein tory are arc not legal an eminent member of the sih lalo bar I 1 discussing this tooele question out in ia ane tann SE says Bays quite ely the lastica list acl llie illo woman Sull rage net nol liming requited to lo which fir lire ion im pored by a valid law how upon all oilier office c classes an are a and d were being no intention to lo C change h sheso qualifications tile iho last I 1 act ct 1 is s an 1 ineffectual attempt to lu cooler conler he c upon a ile nan dim closs ind and just bul when the county coin I 1 of botic thoele tooele le sat rat down to canvass the election iv its turns of that county they fo found und tho the law bw had not been com complied p lied with tt ich by the precinct cleles in ill securely 0 ly sealing tho the ballot ballut boxes andell and lie 0 cretai ns some sund no lie reining others depoi t moie votes than are arc on oil the registration lists bud and all have women s votes included and behind these and discrepancies the han have ro personal that unqualified col persons perseus have been terud and that alie has haa been done without RA I 1 pre bell bed oath what is alia blaid to do in such quell case cae not only are tile tho returns ii regular and discie not 0 only ly have unregistered and u voters been polled but fraud frau d at and id illegality permeate tho the whole b husmees us ineas the law requires them to accept and canvass leyal legal rotes but lacking imp inspiration ira and the spirit of wits its of the W whole hole braid lonjo conjoined tried lacked sagacity to bisci aminat a legal leal from an illegal vote the mandate manda teof of the thild district cobit compelled them to canvass calva is tho the vote vole suit and to disobey this command and would bling them into con tempt they did tho the bost best possible poss itlo under the they can call cassed the returns from two tire rc anc is ophir and lalic lale view not becat because they were free aiom ei eidor and but because ther evcic ee ilia most regular and tho the most in in accordance with law of any barting brought lit before them this ft good 00 1 OP t I 1 y I 1 to aeto test the validity of the 1 law before faire the cobit it is gnoun tobe crude defective and inequitable and it is genci ally believed to bo be radically ladi iad cally Leally unsound lu ln the mandamus iuan damus case tho the I 1 bents 0 of f tho the law do did bot como up prop cily the court urt and hence they were not pronounced upon dishop lyman las has instituted further proceedings but ahat is to be tho the nature of tho the suit m tte e are not informed a quo quoi irano carranto iilo let tho the trouble begin |