Show KEEP vTMUf LEGAL IJOUXDS The appointment of a committee on credentials only by the delegates to the convention at its preliminary organization i organi-zation was quite proper The committee commit-tee proposed by one gentleman would I have been of doubtful authority even In the regular organization seeing that tile enabling act confers no such powers pow-ers on the convention as those which the motion contemplated But be that as it may the utmost such a committee commit-tee could rightfully do at this incipient stage of the convention was to pass upon the credentials which the delegates dele-gates bear and they consist of tile certificates cer-tificates from the Utah Commission which under the laws of Congress are j the only evidence of the right of such persons to a seat in the convention The purpose of the attempt to appoint ap-point a committee such as was proposed pro-posed was undoubtedly to take up the question of the Third precinct candidates candi-dates That this was beyond the power of the convention in its Incipient Incipi-ent condition must be clear to all who have closely investigated the question But when the convention is fully organized or-ganized can that matter be Investigated Investi-gated by a committee of that body Opinion is divided upon the subject It Is conceded that no such power is invested in terms in the convention But it Is contended that all legislative bodies have the right to pass upon the elections and qualifications of their members Against that it is urged that this right Is not inherent If so there would not be any need to specify it as is usual when it is intended that it shall be exercised That power is specifically granted to the Utah legislature legis-lature in the Edmunds act after the clause which makes the certificate of election the sole evidence of election But no such provision is made In the I enabling act authorizing the constitutional I constitu-tional convention It Is therefore believed i be-lieved by very able lawyers that the powers of the convention in this respect re-spect are limited to those which are comprehended in the action of the committee on credentials But however that may be we suggest sug-gest another consideration The Third i precinct of Salt Lake city is not yet out of the courts It is proposed by I counsel for the Republican candidates to move for a dismissal of the prohibition prohibi-tion case that it may go properly before be-fore the Utah Commission If the court should grant the application and after the canvass by the Commission certificates should be withheld oi1 granted to the dissatisfaction of candidates can-didates they will still have their remedy I rem-edy in a contest before the courts In any event until iftie certificates are issued is-sued the right of the convention to pass upon the claims of contending candidates to say the very least extremely ex-tremely doubtful In our opinion it does ndt exist It Is to be greatly regretted that this condition of affairs confronts the convention But the fault should be cast where ft t belongs upon the promoters pro-moters of the litigation which has caused the trouble And the convention conven-tion should be careful to act legally and within the lines of Its legitimate authority lest by haste or excess of zeal it may imperil the validity of its proceedings and so encourage those r who would if they could make all the work of that body null and void m |