Show JUDICIAL MATTERS The Mandamus Cases Come Up for a Hearing THE REGISTRARS METHODS SHOWN Proceedings In the Police CourtDoings Before Be-fore Jmlze Anderson in the Second District When the new term of the Third district court opened yesterday morning morn-ing the mandamus case against Registrars Morris and Clute came up for hearing These actions were brought to compel the registrars to place the names of certain Peoples party voter on the list which had been refused Mr Rawlins appeared for the complainants and Messrs Hog Merritt and McBride for the defendants The first case which was heard was THE CLUTE CASEin CASE-in which Wm Bachman was complainant E R Clute I am registrar in the Second din trict l registered William J Bachman dot Thursday and Friday last on the street He had applied twice before then in the street and in front of my house I had my registration book with me on those two occasions and I reused re-used to register him tU I reached his house He did not say he could not come from his work He was not home when I called I was the third time that he applied when I registered ijmTo regstered To Judge McBride The first time he came there were five others These had been registered tered He had not and I refused to register him till I had been to his house The next morning was the second time he came and I refused on the same ground as In the first Instance When I knew a man I would register him on the street but io did I not register those vihose residence I gusi pl 3 did not Know I completed the house to house canvass on Saturday night I have been in eteted tonn tI th iI f WW vo i Istered To Mr Kawlins knew William J Bach mans brother registered him before I visited his house I have registered some on the street and before visiting their residences but not many I have registered a good many in hotels and saloons regsterd was their residence or place of business Sometimes I registered men after I learned where they lived and sometimes I told them they would have to wait till after December 1 registered those whom I knew kew and those whom regstered know I refused to register I refused to take evidence or to administer ad-minister the oath where I did not personally know the party I was instructed that I need not register on the street or at my house unless I wished to I registered William J Bachman as a favor to hm rtgtered To Mr Rawlins possibly have taken the oath of persons residing In the Third municipal ward and handed the name to the registrar of that precinct regstrr Judge McBride objected to this line of ques tlonlng and the witness was excused The instructions of the Utah commission rela the to obtaining the residence of each one regis tered were offered In evidence rg This closed the testimony in the case against E R Clute and it was agreed that the arguments argu-ments be reserved and be made in both case at the same time tme The case of CUMBERLAND VS ilOIHUS was then taken up for hearing Henry Cumberland live in the Third precinct pre-cinct and have lived in that precinct twenty seven j ear Am a married man Twenty two years ago I married a second wife I hare only had one wife for the past eleven years Have never been convicted of any offense Married my present wife In December 1832 Judge McBride objected to the evidence because be-cause it was not given to the officer Mr Rawlins said that as a basis for mandamus manda-mus the plaintiff had to show h right to be registered re-gistered rht The court ruled that the evidence was proper The witness continuing In reply to Mr Raw llns lam a naturalized repy here are my papers These were offered in evidence which were objected ob-jected to by Colonel Merritt because the certifil cate did not show who the witnesses were The naturalization papers also have the certificate of Clerk H G McMillan that they were issued by the Third district court May 10 1865 The court admitted the papers as evidence Witness continuing R Morris the registrar regis-trar came to my house I am in my seventieth year When Morris came to my residence my wife called me Into the house He asked me i I wanted to register I said I did He asked me I I had been registered and I said no He asked for my papers and when he saw them he said he had special orders not to register anyone who received re-ceived papers when Patrick Lynch was clerk Ho refused to register me I afterwards called on him and he again refused I called a second time and for the third time he refused to register regis-ter me To McBride When Morris came to my house I did the talking My wife may have saldsome thing I told the registrar I had been In polygamy polyg-amy My wife said I had had three wives but I had but one now He did not refuse on that und but because of my paper I wen to the People committee headquarters and got advice ad-vice there They got Mr McMillans endorsement en-dorsement and it was on my papers when I presented them to Morris on the second occasion I did not hear my wife say she was a polygamous wife she was bat have married her legally since then I got my papers before I was a polygamist I did not explain these things to the registrar because he asked me nothing about it he told me his only object ton to me was because Patrick Lynch had signed my papers I got my certificate of naturalization natur-alization in court Mr Moss and Mr Beak were my witnesses both are dead Judge Titus was the judge The record of the court of Wednesday May 10 18Co showing the admission of Cumberland to citizenship was offered as evidence Judge McBride objected to i as not good evidence dence I was accepted by the court Mrs Martha Perkins was at Mr Cumberland Cumber-land house when Registrar Morris called he said he would not register Mr Cumberland because be-cause the latters papers were signed by Patrick Pat-rick Lynch ho said he had orders not to register anyone who had those papers To McBride Heard Morris say thatCumber land had been in polygamy I did not hear all the conversation H M Wells city recorder appeared and Identified the record of the city with reference to the city ordinance regulating the election and providing for the registration of voters passed November 18 1879 McBride objected on the ground that the council had no right to pass such an ordinance as the charter of the city did not call f r To Col Merritt On February 14 1883 a revised re-vised ordinance was passed The plaintiff then rested THE DEFENSE J R Morris I am the registration officer of Third precinct I first met the plaintiff in November I spoke to his wife and she said her husband had never voted She brought him and he said that he wanted to register I be had I the right When I asked him why he had not registered before he said it was always a question I ques-tion in his mind whether he could register or not and I told him he had better seek counsel and I left him after ho had shown me his naturalization I papers My chief instructed me not to register anyone who obtained his papers from Patrick Lynch I is a notorious fact that a I great number of Lynchs papers were fraud ube fn ure i ulently issued I never refusea to register plaintiff I plain-tiff except on the morning after thanksgiving I told him I did not have to register anyone at my house but ho could do s after the bId of December when I would have an once He said he demanded registration before the witnesses wit-nesses Mr Lambert was present and I told him that this man meant mischief When I first began to canvass I registered some but regstered I soon qtilt it as I understood I was under no obligation to do so while I was making a house to house canvass I presume i I had registered every one who came to the house I could never have completed my canvass as the Third district dis-trict was enlarged last year and took in Brighton I had no accommodation for the public pub-lic at my house When I called at his house I never refused to register the plaintiff but he wanted advice as to whether he could vote or not and J told him he had better get counsel To Mr Rawlins My duties began November 3 and continued to last Saturday I could not satisfactorily answer just how many called at my house for registration I refused to register men on the street and never registered but one man on the street I told him I had been authorized au-thorized to register no one on papers Issued by Patrick regster understand that the house to house canvass is made in order to locate the voters I apprehend that the object of the law Is to afford an opportunity for persons to register I wanted the defendant to get advice as he said he had been a polygamist and had never been amnestied I would not regIster reg-Ister the men at my house on the street or to call at their homes again When I visited the house and did not find them I refused to register regis-ter them and referred them to the last week which consists of five days I found very few at home when I called The chief never told me not to register certain classes or not to register on the street I refused because It would have taken up much time I have refused to register hundreds I have registered everyone re6ster found at their homes but found but few at home Mr Pike stopped me on the street and asked me what block 1 would visit next as also did many other I refused to tel That block I would visit each day on account of the weather I invariably refused to give any information on the subject I made it a practice never to go back to a house a mae After making the canvass it was the idea aal Afer 0 regIster them all during the last week J ojght it would inconvenience me to register a man on the street and never did ye The Instrue tious of the commission both printed and v er bal were that there were a great many dead I I names on the list and we were to cull them out I presume a man found on the street could tell wnere he lived i he wanted to I would hot register reg-ister on the street because I was afraid I might make a mistake and register men who did not live where they said they did I sometimes did register men I knew They had that much advantage ad-vantage To McBride At the August election there were 911 voters registered in the bird district and about one hundred new names have been added this year The Third district now extends ex-tends from the corner of Main and South Tem pe street two and one fourth miles west of the White bridge and four miles north Mr Lamborne testified that he resided In the Nineteenth ward I was f Morris residence when Cumberland demanded registration It was five minutes after 8 Ho said the man meant trouble This closed the evidence in this case and toe case of BACK vs MORRIS was taken up for examination and the plamtii placed on the stand John H Back I reside at 2 Third North in the Third precinct I am a clerk in the Z C M I I am a naturalized citizen Was naturalized last August and in all respect am a qualified vote I applied for registration at Morris resi t fence on November20 g W R aad William M Brown were present We asked to be registered regis-tered He produced the book and showed Mr Brown his name I asked t bo registered but he refused as he said he registered no one at regsterd his house I told him it would be a accomoda ton to me as he had already called at my house and was very busy and probably could not get away again He said it made no difference differ-ence He told me he would have an office durIng dur-Ing the first week in December not the last week The naturalization papers were produced and identified To McBnde found out his residence ant called on him as I thought it would be a con venicnco to him and to me as he had already called at my house He refused to register DeS evidence De-S W B Brown Corroborated plaintins J R Morris I remember the circumstance I dontt think I ever said we would have an office the first week in December I refused him and hundreds of others who called at my house or met me on the street To Rawlins refused him because it was at my bouse This closed the evldene in the cases and THE ARGUMEnT was opened by Mr Rawlins for the plaintiffs He stated that in the first case the applicant name had been placed on the list since the suit had been commenced and that all that remained to be done in that case was to tax the cost Ref erring to the Cumberland case the attorney reviewed the evidence and cited the court to many cases In which the supreme conrt held that a certificate of naturalization was conclu dna PMn tf llnhln whth OM had been made on the conrt docket or not He saidMr Mr Cumberland was a legal voter and why did not the defendant register him He was notified thathe could be registered the last week of December I he could delay the plaintiffs I application from time to time he could not be I registered The registrar has no right to act as D judge and register or not as he might I wish The law provides other methods I a registration officer can act on citizenship which the highest courts are hardly able to handle his decision must be final and no other contraction con-traction cn be put upon i He calle attention to the Edmund act section 8 and made many other telling references before dosing dos-ing Court then adjourned until this morning argument when the defendants attorney will make an OTHER BUSINESS Halidayrs Hallday on motion of J I Wal cot time to answer was extended to December Decem-ber 21 Marie Forhan vs M J Forhan on motion of laintins attorney the case was set for trial Saturday October 21 at 10 a m I John Wlrtburg vs Salt Lake city order to show cause set for hearing at the disposal of I mandamus cases and demurers set for hearing December 19 at 10 am Margaret Isabella Muander vs Frank M Drown case dismissed |