Show 2 TT 0 how me leflon election helms betas were forgery and falsification of me lists OUTRAGE ON THE PEOPLE evidence of the grossest grauds brought out in the contested election cases roll poll lists and negis keis bration books is as well as the ballot boxes were tampered with returns doctored for discrepancies the conspirators betrayed by clio abo color of the laic ink no further proof of the attempt to steal the control of this the convention conventi on I 1 Is required the arguments on tile ilia application tor for writs of mandamus against the utah commission in the san pete county olea election tion cases to compel the comnas to issue certificates on the face ace of ft the returns were concluded yesterday after afternoon oon anti and the proceedings proceed ines taken under advisement by judge baitch A hearing was then com co m fenced on oil the petitions tor for writs ot of prohibition made by the ouno parties les J D 1 page C 11 larsen and J L jolley joll l y to prohibit the commission from counting the san pete ballots and troll from certifying the result ot or the san pete clec election tian upon any other basis khan the returns made by the me precinct judges A of the judges of election were put upon ullon the witness stand their testimony t was uniformly to do the effect that their returns were correct when made mada and that the alleged discrepancies did not net exist when the count was made on election c night it appeared lio however wever that thai the ballot bores hail bad not ben ca carefully guarda gUArd 1 between the lay pr f election and the bilile when they forwarded to the 0 commission I 1 i T r aird itar clcil close A ia 6 alays session 01 the cow a sensational dI disclosure closure apa was s made that cross crois marks had lieen been placed on OIL poll li ts lit in alc ink dIf terent from that thal used by the judges to indicate that ceman voters had biad voted tor for delegates to tile constitutional col co v alion though tec an riling to the testimony of the judges the ethe men hose names were v arc thus this checked had not lot 0 oled led for dolega delegates tes at a t al all 1 ARGUMENTS RESUMED ML at tile the opi opening trig of court lit in the morning P L resumed his argument for atthe the democrats on oil the mandamus appl application cadon lie look book up apall the question whether the court had power ti ty issue a writ of mandate the utah commission to compel it to act as prayed tor for in these cases lie ho contended com tended that the power ear ruled by the commission in canvassing returns was a discretionary inne and not ministerial lit in character chyl acter and that therefore the court had no authority to control the ahe action of the I 1 commission relative to discrepancies judge zine zane Z ine conceded that tho the court r could no ila control the llie action of the I 1 commission ao to matters nat concerning which it was vested with discretionary powers but bill the principle he said did I 1 not apply in these cases sir mr williams replied that the question tionne ha was discussing was the precise legal issue in tho the ca case ae wherever there were discrepancies he suld said there was something to bo be done calling for the 4 k judgment and discretion ot of the canvassing va saing board I 1 judge illies contended that ilia t the corn com 4 did nat have discretionary 4 11 powers lit in dealing with wilh the matter in fit 4 que question alion as its action relative th therelo erato was commanded by the I 1 statute mr williams Wrilla TOi denlea that ithe provi k t slon referred to was in an command in hc be lid held d that the V powers exercised by the county court relative to the canvass ut of legislative re returns curing and the recount of voe cast rot for for ithe lc legislature gi slature before tile ibe passage of tile edmunds not act wore voted feted by that ahat act in ili the utah 1 commission lon and thal thai consequently f L r tile the clausi clause of the tha knablin cn ablin act nial cirg s the of law relating liria to 0 o the canvass of voters for legislative c candidates idalea applicable to dihe mie conati kut ional Conver atlon canvass ahe be corn com had the power to recount lit in k tile the case of the petitioners petition ers POWERS DERIDES 1 judge pol powers vers followed mr williams 1 for ilic 0 detent he opened by darld dc ald ing ln colonel Tat locke locks testimony the colonel lie sald said had evidently been hebting butling ute uie indians when ahert the ahe san pete re deturris turris vote before the commas y A lon ion ana aal did not know much about 1 chait had been done re respecting them aker after this playful allu illusion slon and a rp t statement of the point raised ay by iy him on oil thursday that the republicans had I 1 not made out a t vase case the judge proceeded to dl dissect essect the ahr utah butali claw law which tie lie declared to be unlike V any other elco tion statute in the coun airy iry the election ByL bolstein stein provided by it he was vas a dan gorou and cumbersome ulle one the people would awake A borne blome day to the fact that it was basone one of the roost most unjust ever devised t t K extraordinary poll POWERS 6 having ili thus us awal foLl the law lav he ha 1 proceeded to argue that howe however v sub snub 1 W p pot to criticism it ala mla lit le be it mut must 1 be be enforced until repealed and that 1 the ithe ut utin ali Coni commission mission could not noil be in Torf ered od with in tho the exercise 0 of f tile ex powers conferred upon it I 1 iau fib the central authority auth orlly nearly early every 4 state elate had provided that of 4 I 1 election ecil nn must lie be accented as verities verifies veri ties 11 I 1 but the utah statute authorized the I 1 board ascertain cErtain if 1 I to not licit only air 01 I 1 there v were ere but bill to doter deter what were ivere its powers wei were t to a great forc at extent judicial Jua iclal 1 ond na the court could not control the ex cx V I 1 kreisc 1 of them AUTHORITY ArT HORITY 11 1 5 lindse rowers powis s rad r ad from a late laid copy cony V A called ote kentucky it Pano crait a derision decision of a kentucky I 1 count to the effect that ahai even cac n abere I 1 ve duties Impo fied on a boa board r d were wt re purely minister ministerial lal a writ I 1 or ft Min liff rall 1111 nn in b li t fyna 11 1 to com om pet pel a performance of 0 those duties in a case where t tho 0 aggrieved g r e party had a plain at I 1 law such h da a contest proceeding tho the speaker insisted that as tho the utah statute always referred to tho the returns as is liets in the plural they ey consisted of the resistor register hooks books p the ill e poll alst 4 and tile the tally sheets could it be claimed he eliat ill the tally sheets must lie be accepted ait ad final where fur instance lt it ipp appeared eared front from them that votes had been cast when ill the poll lt list showed that only thirty five men had voted the principle 1 would be the fame it if there was but one vote botu in excess it was MIS b because of the possibility ot of such ills cresancie 3 that chat the law required that the books lists and sheets ile be considered together they were all interlinked judge powers read an all opinion t len tc n by judge bennett ren nelt one oneff of the attorneys korneys tor on tho the republic republican act n side aide lit in response to an indu inquiry irv in made d by commissioner sherman before the election cases arose as to what constituted tile the ic turns in III the opinion it was held by judge banneit thra the m returns consisted vt of the books poll lists and the certified tally sheets in duplicate and that in GASO case of 0 a discrepancy rep alicy me rii canvassing board consult all three judge powers took extreme pl pleasure asure in judge ben bell natt 0 it on this opinion arid and declared that olat 1 tho 1 e latter wits was in an authority as high it is s any quoted froni from 1 in i tho alle books read here by the other side THE S 1 I I 1 A good gond deal had rd been said by way ot of innuendo said judge powers regarding the of calculating calcut errors used by tile tie commission but the system lie he declared was invented by commissioner sherman and ho he had bad a copyright on it whither it was v s right or wrong however its use was entirely within the discretion or of the commission and mandamus did not lie against it As an of this view lie sald said that the court was not infallible ard and might mistakenly make an 0 order der which at a subsequent hearing it boult boull reverse but another court had no power to compel it by a writ of mandamus ao to reverse its decision the duty of oc tile the commission Connis sion to resort 0 to o the ballot boxes when discrepancies were discovered was imperative RETURNS NOT CORRECT regarding the pre precinct chrict judges who had bad made affidavits that their returns were correct he said that they would be it a consummate aggregation ot of nin nies if after having baring certified that their returns were correct they would not also swear that they were true nevertheless erth eless ho he said the lie returns were not correct lie ile out alii 0 discrepancies cies shown by betchers letchers Lct Let chers table to prove this and contended d that the tally sheets from antl I arid and ephream were not le ic turned at all as aa the votes counted were not all represented by tally birks but the most of thern them by total figu figures reg lie ile ridiculed the theory that such tally sheets were sacred arid and infallible there had been lie said in closing interviews and naming flaming and innuendoes lit in newspapers about these cass cases wid and proclamations from those high in authority but holding no official position that a revolution was impending but the cases had never been fully ventilated until now all the while it was under lire fire tile the commission ha had d been plodding along endeavoring to perform its sworn duty CLOSED EY BY ZANE john 11 II fiade the eefting argument air u the law he sald said favored ta ored tile alic counting of votes in the community where they were cast and not somewhere pise by officials who might have other cither interests than ihan lawful ones to lie he expressed amazement that judge powers should advance the arollo proposition detlov that the pending Ml 11 1 ing ine was not a proper one because t bic if count counted pil out could go into court with a contest the humblest lawyer ought to know that the constitutional tut ional 31 convention had the exclusive right to pass upon the election and qualification of its members the remedy of quo carranto warranto warr war inlo was therefore not biot applicable the proceeding ot of mandamus was the only one available lit in the present instance as the case was not lot one of contest but concerned the issuance of certificates of election cler tion the assumption of the attorneys on oil ill the democratic side that the commission could go into the ballot boxes lie he argued was not borne out by the election luw law the only disagreement or nr discrepancy lit in ibe ri turns i that would authorize any board to 10 recount the ballots under section 2 an G and 27 3 of the election law were such its as affected the election of a candidate lit jn the case of such a discrepancy tile tho proper persons provided tor for by tho edmunds act could count the ballots with reference to the candidate affected but not as to any other candidate A discrepancy affecting tile the election of a delegate to the constitutional convention could only bo be discovered from the sheets as the registry books and poll lists did mt show how many votes tile the candidates received the discrepancy infant by the statute therefore a could not be one on between tho the tally sheets and the registry books or election lists but simply those appealing on oil the tally sheets under the system in force before the passage of the edmonds law said eald sir mr zane the county courts even had no right to recount votes for territorial officers as it could not be determined front from the returns before them whether many any discrepancies appearing thereon affected the election of any territorial ofil keer sufficiently to change the result much loss lc ss hail had the utah commission that tight now POWERS OF canvassers the beeaker said it was well settled that a calivas sing board exer exercises alses only ministerial powers unless expressly vested with judicial functions by baat uto this thia doctrine had been firmly es cs shed lit in the famous electoral elect oril commission case and the lesal legal les al profession new generally gena rally accepted it 11 as not open to question canvassing boards were required to talc taha returns aa a absolute its is owing to the extreme partisanship or of alx many ny members of such boards it would be dan d dangerous an crous to give them discretionary powers dut but it if it ho be concede argued mr jr zano zam that the commission 3 had tho the right to go behind the returns as claimed still no discrepancies had been shown that would justify a Te recount count YAM OUT A CASE referring ferrine Rc to the claim of judge P powers 0 a vers that the petitioners petition ers had not made d e out a case mr zane declared that I 1 it was in III evidence that the commission iniss fon had bad canvassed the san pete pelf bounly Y vote vole added up the dourea and shown h that hat J D pago page C it larsen and J L jollay were elected on the face of the returns it was in evidence that there was absolutely absolute 11 no disagreement in tho the returns as to any candidate whose right was in question and there must be such a disagreement to entitle tile the commission to go into the ballot boxes even according I 1 to the theory of the counsel for the democrats ile he described the method aimed used by chairman letcher I for ascertaining ta ill discrepancies as most remarkable and pointed out that its unac unreliable liable character ebar acter had bad been shown by athe tho illustrations usei on oil the cross ex amin atlon of the chairman it its a ab b could be shown by apPly applying nj r ji j to a urge large number of votes in which I 1 I 1 continued on oil page 31 BAHL continued from page li 11 ca case e a disc discrepancy of hund hundreds reds ans might be floured out where none existed at all what right had sir mr letcher inquired mr zane to say that thai tour four discrepancies lie he had placed in ills his san aie vie tabulated statement affected f feet ed tic the I 1 res result suit as to page caien and jolley the disagreements between the registry book and the roll poll lists could not lot show that there was waa an any discrepancy affecting tho the result ns as to these cadi candidates dates the commission in fit an ogden case a few ye years irs ngo ago had decided that the registry books and roll pull lists wore were no part of the tha turns returns re I 1 WAS RIGHT colonel was right sail mr zane when he sald said that thero there were no other oilier returns before the commission than ih in the tally sheets when it made the san sail pete county canvass judge powers powars had said that was not present but was repelling the etc invasion but lie he was present said the speaker sneaker and repelling a more dangerous and insidious invasion than that of the indians ile he was r istine commis lotcher Lotch cr aurrell and thatcher who had in effect said to the people of utah you voted one way wo we say you shall vote another this was the dangerous invasion had fought ani the invasion came ca me from the other side of mason arid and dixons line the democrats clai claimed nied by the majority jorl ty of the commission to have been elected over page larsen and jolley wore makins making no light said the attorney they knew they had not been elected lie he ridiculed the argument of judge powers that hat tho putting of figures instead of |