OCR Text |
Show The Tosele Election Case. The alternative mandamus issued out of tbe Tuird district court last week, citing certain officers ol Tooele county to appear and show cause why t'zey should not be compelled to canvass can-vass the votes cast at the recent election elec-tion in that county, came up for hearing io the district court yesterday morning. The pliint'tJ, F. M. Lyman, Ly-man, was represented tj Attorney Riwlins, and the defendants by Mes ra. Tilford and Biskin. Tbe defendants filed a demurrer to tbe complaint, alleging tho insufficiency of the affidavit upm which the writ wis issued; also claiming that no ballot Ian existed in the county at iue iime oi uie ejection, upon ioe application uf plaintifl'a counsel a continuance w-s granted till 2 p.m., at which hour the arguments on the demurrer were commenced. Mr. Biskin, for the defendants, argued ag!in&t tbe validity of the election law, citirg authorities to prove that (be legislative journals must show that a bill to becoma law must have been passed by both bouses of the legislature, alter the amendments . were made. In tbe case of the election elec-tion law, tbe journals fail to state that anything was done with tbe bill after it bad been reported from tbe conference con-ference committees; the favorable re port of the latter, however, on the bill was adopted in both houses. The other point in the demurrer was that tbe election law and the resolution accepting the conpilalion of tbe territorial ter-ritorial statutes as tbe laws of the territory, were approved on the e&me day, and therefore, as one repealed a portion of the other, and as it cannot be told which law was first approved, neither is good, and no election law exitts in tho territory. In other words, tbe argument in favor of the de murrer went to establish that tho recent election was a farce and the county governments so many snobs. Mr. Rawlina quoted authorities to show that the court could not go back of printed statutes and certified laws; that the cases cited by Mr. Baskin referred to special conititu tioual enactments requiring certain specified action euch as thersord of j ayes and noea, and tho uuu'jj; ui j members voting, which did not ex;st j here in Utah, and that the difficulties ! would be endlejj if courts ould go 1 behind tbe authorized edition of statutes to invalidate any law; aUj 1 that the neutralization of tbe two j election statutes was nonsense, as the. , acceptance of committees' labors was only as regards compilation and not tbo changing of any law, and roierred simply lo thir miniiterial labors in ; that capacity, Tne court adjourned till this morn- ing, when Juige Ti'ford will close the ! argument. I |