| Show 5 1 j 1IyWXAor 1t Rltmr j1 i 1 < r r < 1 i l tt J I t35ythfe x lfliJa maJc rltl jftlie tTt CDflTh8Ion rlt111 > org tftfi iWafti i f6 uhat tiulnorft c0anIEs3nS eyer t 9v b14t 2 oiVel i jle is ijo m h l tl iltf in > vf tJ J j I tI ltlt Q 7 i 1 P1J soV 9 i iIHrere r c hlyl ca1le 1 txt Trl k f j k1J the tf CQmflhIiOnerc qrj8i manity of ff Wlli fio d i it ssarS ti anwerl tih n1Igr kb1b wl i red 1 Theniay dsoaitother pz4 mnt 1 Qltj t we hive noclve 1nfottna i ci6n sAnd anheyye zo organ t itt it-t nQf ikl3 haE te rer 1ti1l ifnt isource fih t7k d p t hifrald hastken y upon ise1f4no ta ofpJacIng the matt i oj ih jr 1 eout i1I r b fore ife piiblIe hre JfoXf I M little more pni thai theaa wjjlll J noe beout of lace Howey rftheW I isf np Vaiting comniunity asking r1 info t i n riithe feuL fect butas < i quer < is put for i1 5of purpokof 1 deceiving the publnto thinking that the ommision sl1S 12toce iiet1 Ytbr j out lav wfewiiraiiswcr thequestion idirectlY k 1 The Cblnp4sslonr i 1i authprzedf to j canvass the vreturns directly as 1p t the electIon of membersof the Legls iatte Assembijf that autnorlty 15 Jiv nt thn biAft p4 Ciigi SS The samerjpotyerds conferreSAy them the-m siithoritjr in relation fp delegates tothe Constitutional Cpnyenljpn jt is the exercised under the laws at Con J eress andlof the teirrltprypf Utah i j For the purposes above mentioned heUtah Commission k Is endowed with the same authority ip reiatlon to1 thee the-e 11rnsl as was exercised Tinder the 1 TJtah stiaiiit by the eleqtipnf officers appointed to canvass electton returns Section Nine of the Sdrminds Act has the following1 provision I The > canvass and return Of all the votes at elections in said territory form for-m mbers of the Legislative Assembly thereof hall also be returned to said lthereOf which shall canvass all such returns and issue certificates of elecr tipn to those persons who being eligible elig-ible for such election shall appear to have been lawfully elected which certificates cer-tificates shall be the only evidence of the right of such persons to sit in such Assembly j Now in what way shall The Utah Commission canvass the returns for members of the Legislative Assembly orrniii this case for delegates to the Constitutional Convention How shall they determine who have been lawfully elected when the returns show material mater-ial discrepancies The Utah statutes statute-s ys in reference to the regular can Tass Tasslt no irregularity or discrepancy appear therein affecting the result of the election of any candidate they shall accept the returns as corpect but < if the right of any person voted for for any office is in any way affected then shall open the ballots from said precinct and cAnvass the same so far as to determine ithe rights of the person whose office may be affected affec-ted They may also cause to appear before them any persohs whom they deem proper and take t1l iIi testimony testi-mony in relation ttt said elebtion in said precinct V It is the dutyof the Utah Commission Commis-sion to ascertain whetherthe persons Voted for are elegible and also whether they are lawfully elected before they issue the certificates which are to be the only evidence > F the righlt of such persons to a feat in the convention They must perform that duty under the laws of Congress and of the territory terri-tory torJTJlat That Is what a majority of the Utah Commissioners are and have been endeavoring en-deavoring to do In such cases where discrepancies appear which would not affect the result of any candidate the returns have been accepted In cases where those discrepancies appear to affect the rights of persons voted for the ballot boxes have been sent for so that by a recount the rights of all the candidates in those precincts maybe may-be determined The only obstruction to this has come from Republican sources In tho first place the Republican Commissioners i Commis-sioners moved to send for the ballot boxes What for Was it to have the ballots recounted If not what was the purpose in view Now it is found that arecount may possibly seat some more Democrats than were thoyght to be elected all the Republican forces areat work to stop it and the Tribune is trying every day to work upon the Judge who is to hear all the cases against the Commissioners to influence him on the side of his party It is dirty work It is designed to turn off the light It is planned to prevent justice being done to candidates candi-dates who have been apparently defeated de-feated by mistakes in the returns All that the Commission is endeavoring to 1 do is to determine the rights cf these candidates whose election may be affected I fected by erroneous returns The Commission as a Tjody has been proceeding under the law as hey understand un-derstand it If they have no authority in law to open a Uallot box the courts I will say so no doubt The plain intent in-tent of the congressional and territorial territor-ial law is to provide means whereby just such irregularities and discrepancies discrepan-cies as appear on the present returns shall be so corrected that no lErson who has received the highest number of votes shall be defeated by cror or inadvertence to say nothing of fraud which has not yet been demonstrated to have been practised The right way is to open the boxes and count the ballots And that appears ap-pears to be the legal way If the Utah Commission have not the right to perform per-form that work iri person they ceitain ly have the right to appoint some one I to do It and tlhe thing will be as broad las I it is long However we have shown by what authority they have proceeded proceed-ed and we think it will be found to be ample V |
