Show JUDGE I 1 EVIA ml V 0 yeste yesterday iday the tilling ruling in g of judge Seba efrer ff ir ou oil the toode inan mandamus daning cote cae the mandate ft its 19 applied for by byam F M lyman to comeil tho ilia defendants defend ints to 0 o canvass the ilia election fetui as or of that county the defendants demur to 0 the petition and set got up op in answer that thelah the law under winch tile tion nas as held bell IS not mild It becane Call it was not passed passi d by both bolli houses ot of the logo afir that it was ivas ion dered nugatory hy by the passage by that hady body or of another law adopting the Coap piled laws of atah caboth of which approved by tire governor on tile tho same day tho the last ruc asure adopting an all election law in conflict with tho in election M 10 law passed by that legislature arid fur aber that the dec clec ti tanil 0 it returns and ballot boxes boles front from tile I 1 arious precincts pro cincU bvm apic a not sent seat to tile lire county clerk locked lacked alid so securely sealed scaled to tho the le ic qui rement of the t in proof of the firt first allegation the defendants prody prod ce the llie joui houi RAS nals of ilia leeiria tile ti 0 assembly M hatli show the action of that body upon tile tho lull hill I 1 tt inch ed tho the Go Gove niora approval and is now leorne on the statute book as an act providing for tho the registration of voters will suid to fur further ther the manner ofton ol 01 conducting elections Elect ioni in thi territory on turning tar nin to tho the record contained in tho the journals wo me find that tile on oil elections of the louse to whom was iraq ic forred an act to anione an act regulating peculating elections election depoi f t a bill bearing tho the title filli above tivO atten was the iho first time and ordered printed it iq il licit up on ita 03 second reading and pending its reading readi ui is laiq on the table till railed called for this thia was intended to be its gnit tits but judge judee hemingray Hemin Herning Bray my in washington was urging urain the passa pa isago go of mr lut lilt trail theirs s bill by congress and judge ton guiney ney to satisfy himself of the intention of tile the utah 1 in 10 this regard telegraphed to assion assem bl man john taylor that tho the mormon morion ion lav givers must pass the bill they had under consideration or corgia corgi cs mould do the work nork fur for them this revived reviled in the homo manufacture and three days before tire ilose close of tha session feb ilia house committee on elections inho ducca a second substitute bill and recommended its passage this was read a first time and adopted as a substitute lit lifer cr in the ho day it is read I a second time and amended tho the council at tire the tamo time is 11 boquett ling with a bill to regulate special cial elections council connell file N no a I 1 13 1 and the following day we find that inspired branch of tho the lawmaking body concurring in some amendments made tit tile in the house except ono one ui in sec C 4 A conference committee e was appointed tina this action being communicated to the house that chamber did not recede A later entry rub informs its that during tile the second reading of tire the bill in the house it was again committed the following day dav it la is reported back with milli amendments which were tear lean amended and concurred concu ired in as amended tile the bill further amended read a third time by its title all and passed the last day of the session fell feb 22 ad the council tales up the election bill and numerous interruptions reads it a second time by sections see t ions and all if a third time by its title it is is pissed and sent back to tile louse house which ilni h chamber concurs in the council amendments except that to see sec 8 A conference committee gets to to work again and in the council a report is made that certain amendments to sees 8 and 9 ate aio recommended late in the evening a lemiza filim governor emery is rea read d to ilia legislature Legi lature assembled in joint session cession to the ilia effect that that dignitary his has approve approved ol a number of laws among them the act approving ap provin g and adopting the compiled laws and tho ilia election law ilia 1 I ho legislative day continues con tinus through tho the night and into the next lay day thus we ind find in the jour journals nab feb damning ath ning a mccond belond time and it at 10 0 clock a go the two Charr chambers ibers assemble A message is read to the house by iho speaker that the council has passed the election bill with some amendments noted in accompanying this after its approval by the tha governor tire council amendments are read non concurred concion ed in and another committee of conference appointed this is folio followed ed by the ilia appointment of council con fei arices cos the isue of this business is the adoption by the council of the recommendation of the conference committee and the return of the bill to the lomer low er chamber for enrollment roll ment 1 ho journal of the house proceedings pipe contains the following foll oming minutes nar r ner of conference committee on all if H V F 38 bill reported aulca lod tile comini tica were acro retail arid a on to lati motion tion of mr lynian lyman concurred tit ill the final entry in tile journals jour naLi in in relation to this much conteh contested ted measure is af a message from the governor to the speaker of the informing liim hilll that tire the election law has received gubernatorial gubaci apple appio val thus tho join lalji of like legislature show that in the life last stage of the proceedings and after afler the bill had been approved by the governor the two chambers disa gice about amendments a conference committee is appointed which un under dertle the pressure of urgent habte agree to tile the same tio council connell adopts the and passes the verbal is ii imposed upon us by the backhanded back bail handed adion of the governor arnor and tire the legislative thell alie otibe concurs in ill the amend without alio llio liu this constitutes one of thel grounds upon which A aich the hie defendants demur judge in his opinion weighs the argument of coui chui on both sides counsel for plaintiff insists that the tha cobit cannot go behind thi ilia record and di termine fiem tho the journals of the LegUa tuie the proceedings were buriet ly formal and ebether the act was it as legally passed by both chambers Chau ibers the defendants on the other hand ItT argue finif that it is not only tile the lights but tile the duty duly of con conits is too to ascertain from this ihu acthen authentic t to source m whether hether an act was cassed passed in stoper furni A question as to tile character of tho the evidence allot tied by tit journals also aroe end authorities were cited on oil both sides ilia honor thus thud bums up the argument in hia big cases canca 1 I think the g arral ralo in ia a large number or of tin union that the journals v inch tiro in pi by y iho 0 otal lura oula of tile iho lc Il ture to lo ho lodged and P preserved erv ti in n alio llio general 1 i public tie dc P to tory e or ilic a banio a records 0 O r are I 1 in A tended d to furnish fui eldh the c bourla burts and the public miah tile to ascertain hat was actu aliv done bonu in and by cavil broach or of the IA legislature that uio like journals oro are not to lo lie bo regarded as mere inere remembrances or of proceedings s kept by each house 1 for itson alls ow n uso and but licy should lie irti as 03 or if tile ali p lo 10 IMI to to war tal lain IT 11 lit rho two tire I 1 louses concurred in paying passing a given act nod and if it 1 appears ilia journals that the 1 luo 0 IOU did id ool not so concur the ali pruna fact oro avi deace itrich Itri cd front ilia ibe enrollment record or ilia act will bo be 0 urco 0 alio llio a an m oho of abo f arr re id off loces of I 1 tit alio I 1 two and or of III alio llio ef ato T 11 cl benco ec thai 1 11 I 1 icv b but u L 1 toils 1 arc r all piton rally luny be overthrown by the and tho ho 1 aiom tho the is thus stated st I 1 therefore that the of autho find and tile reason of if tile rate nilo us 98 bellas tt all M rooT alio of 1110 against anti fraud nrc are in favor of ilia rule that tile enroll ment record is 19 only ell cl dence of ilia proper passage ol 01 it like ilic net act and that this thid presumption ina amny bo be by so a positive appearance from alio journals af the iho two liouns to the ellece thai ilia net act mas as not acton according aci ling to law rhe eluding from such a summary and ands lucli licha a deduction would logically all be that tho the failure of ilia house to ami pa wt the bill after concu ning ing in tile tho council amendments WAS it a fatal defect Cusin fig in in his law and practice of distinctly says ir if tire two in some otto one of aboe mentioned conic collie to all ad agreement concerning in r k buico to ellich n hith they logic liao dia ilic ilia annad ments it if tidy as ra adopted apted are arc inserted or certified in ilia usual and tie the biu pissed hae any other aiu nut but judge schaeffer at tho the point V mt 0 ho be should be tho the most moa thoroughly informed and the moa explicit becomes misty and to borrow judge lowes expression falls ks rot non with out rating tins this act through its couto couro in tho the ano houses of the ilia territorial rit orial Legi legislature lature ins his honor says it is ili my judgment that the adoption of of tho the nia committee by tire tin two louse as re on oil page of the punted jouin kahz alt is under the circumstances chit m hit circumstances and the of the ilia bill 1 I bat sla tits a passage by balb hotbo his honor means both houses then cushing does docs not under understand tand his bu business why did not judge St haher shaher S tale take up tho the and trace the att art IR in its ita course tho the trick att 0 houses tile the judge judae has tho the adverb and preposition pic position transposed and m athy by does docs ho be befog his linio here arid and impotent conclusion nith ath uch such irrelevant as under tho the circumstances arid and tho the status of the bill this is a prevailing infirmity with our jurist and is the secret no doubt of many of his inexplicable 1 ul n gs etui inore follows ir laby nuy action a tion is necessary nece lie iio adds in lis his ruling which I 1 think is not tho case certainly for tin thi s applies to some other case the presumption is that it was wa had as a appe app cirs its nothing to the contrary in ili tho the jo journals 11 I 1 arid and sudi presumption 1 would ouli I be indulged in favor of ilia enrollment recoil under our organic act acl popo pope ty q for true guili pu ili more mom than wit and licie is an exaggerated ex arnele of no meaning his honor has already conceded tho the authentic character acter of the journals of a legislative body how holy ci benco is ia overturned by their m eight arid and that 0 a dosithe appe mance room the of tho the two houses a fact as to passage or i rion non passage afan of an act according to lo law now lio goes bach on alj this turns a juridical somersault ile ho presumes prestin its that all tho the necessary pio leedings LeC dingS mere talen taken ta len becaro becat ing lio to finds find nothing to the contrary in the ho journalist journ alit if ho he find nothing at ar fit macii 0 lie certainly finds something to alio COnt central raiv y because the failure to record it alio lit passage lias sage of tile the act ly by tho the house is corti conclusive lons ovi evi dence that it was not passed and tho by every logical rule dulci is that such action vas mas v as not taken the other ground taken by the iho du de fund ants that two election n litts lams i in conflict with each other being al approved on tho the same bimo d day ay tender render both ate acts ts nug nugatory atry tile audgo alj a 11 go docca d 0 d acs m ah very poor address 1 11 I think lie says saya liis ilia honor does docs a power of thinking 0 1 that tho the approval or of the act concerning tho the compiled laws although on tho the same day dayona was prior to tho the approval of the new election laft ian tupou I 1 n hat does lio be base this thid belief does he go into fractions fraet tons ofil ays and has lio antany aay rolo evidence to justify ilia his thought it itis is nota not a question of belief it is a puro pure matter of fact arid and unless lio be can cali give sonio some grounds for I 1 tiling luling as lie he does docs lie ito la lass a himadi open to tile tho charge of and pai utility upon such nim grounds as aa tho ilia borie above A judge schaeffer oven s tiles alca tile the dH dumun uel cr |