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Show THAT CERTIFICATE. Why Governor Emory Issued it to Mi. Camion. Because He Desired to Comply Willi the Law. A "LIUKBAL" LETT Ell. Salt Lake City, Utah, April Kith. 187. Governor Emery : Dar .Sir- We have rend the various vari-ous articles ntid correspondence in the Tribune newspaper, touching your action as governor in the mat tor of the late olectiou ol a dclegam In congress con-gress for this territory, and de-ming to know the fsu-ta and tho whole case, request that you auMrmT lo ns ntatomont of Uiu same. If, an alleged by Tribuno writers, you have wilfully deprived Mr. Baskiu of ati oppurtu uity to inaugurate proceedings for a contest with Mr. Cannon, we should, in common with the Tribune, con damn your course. If you h'ive not, justice requires that the facts be known in your justification. We ask this as friends of both the liberal caue in Utah and younjnlf. Your obeilient servants, O. W. Bennett, O. J. Hollister, H. C. Goodsi'Eed. AlfD A 0 EKE ROUS REPLY, Afril 13, 1877. Messrs. Bennett, IJ.llister and Good-speed: Good-speed: Gentlemen: In answer to your inquiry in-quiry ol this date I have the honor to submit the following relative to can vassing tho vole and issuing the certificate cer-tificate to the delegate lo the Forty-fifth Forty-fifth congress: A short time after my return from the east, and during the early part of January last, I was in General Bane's office when Captain Wm. Hooper and John T. Caine, of this city, called upon Secretary Bane at his office with a letter from Mr. Cannon, stating that they, Hooper and Caine, would represent I him iu canvassing the vote and iju- uit ino ucruuciuo ui eivuuun. i reau the letttr and asked General Baue in their presence what had been done in the matter. He informed me that in my "absence from the territory be hail cotten himself together in his capacity of governor aud secretary, aud canvassed tue vote; ihat Mr. Cannon was elected, and that nothing remained to bo done but to issue the certificate." S mie-time mie-time the last of January, as nearly as I can recollect, the certificate was issued is-sued to Mr. Cannon, he having received 2 1,51 1, and Mr. B.vskin 3,84:2 votes. I sigued the certificate as goreruor and General B me as secretary, and sent it to Captain Hooper. lo regard to giving notice to candidates candi-dates to be preseut at the canvass of votes, I do not understand the law requires any notice to be given. As a matter of fact General Bane inlcrms me that he sent word to Mr. BBkin lo come down aud help him count the votes; furthermore, I called upon Mr. Baakio myself to see if he had any reasons wby the certificate should not issue, aud he Btated that in bis opinion General Bane was not secretary secre-tary and could not act as such. cUed upon Mr. Baakin again, both before and after the certificate isaued, to inform him of what had been dons, but not seeing him, lett word at his office to eall on me at the secretary sec-retary 'a ofiice on a matter personal to himself. The question whether Gen. Bine could act as secretary or not was submitted sub-mitted to the United States district attorney, and he was clearly ot the opinion that he could act; that he could perform the duties ol both ofSccB, but could receive the pay of hut one. The general did act, aud I I have no doubt of bis authority to do ,33. The late United States marshal I ol this territory informs me that be performed the duties of marshal and register of the land olfice for nine ' months under instructions from the attorney general at Washington. Within ten days, and since Urn matter mat-ter has been under consideration, Gen. Bane has informed me tha'., aotwithstandipg the fact that he canvassed can-vassed the vote in my absence from the territory, it was fur other purposes than for issuing a certificate, cer-tificate, and that he counted the vote fur that purpose just before the cert ficate was issued, and in my absence from the clliee. Finding Find-ing that to bu the condilion of the case, i was, and am of the opinion that no proper canvass of the vote was made, and signified my willingness lo.recanva.-s it in a state-meat state-meat prpared and sent to the Tribune Tri-bune last Saturday, and which Mr. Lockley refuted to publish. I bavo seen Mr. BasLiu and told him I was willing to recanvass the vofe at any time, and he preferred to wait till Mr. Cannon returns and have him present. That is the way the case stands te-day. The law governing the canvassing of the vote for delegate to congress, and also fixing the time in which a contest may commence, reads as follows, fol-lows, and I think you will agree with me that the thirty days begin to run frem the time of canvassing the vote, and not frem the time of issuing the certificate. 8ection 33 of the Compiled Laws of Utah: Bkc. 2 Se foon as tho returns sre in, tho canvRHsiiif- of voles shall commence, Mid shall be completed within two days nfter Uib reception of said returns, and all cindidutes voted for at any election may be preBODt, cither in person er by representative, to witness said canvas;. Section 105 United States revised statutes: Whenever any person intends to c:n-teit c:n-teit an election of any member of tho house of representatives of the United States, ho eh-.ll, within thirty days after the remit of tuch election shall have been determined by the officer or boird f canvassers authorised by liw to determine deter-mine tho same, give notice, in writing, to tho member whose seat he designs ta conteBt, of his intention to conteit tho 3ame, and, in such notice, shall specify particularly the grounds upon which he relies in the cout-tt. The above are the facta and law in the case, and I leave you to draw j our own conclusions in the matter, rememberins the election occurred November 7lh. and that you are at liberty to make such use ol this bUIb ment an you may think proper. I am, gentlemen, Very respectfully, Your obt. servant, Geo. W. Emeuy. |