Show canvassing RETURNS A count beina made of the county elections THE BOX ELDER COUNTY SCHEME why a double election was carried on an objection from weber co bearers bisci chandes Cp andes secretary sells judye judd hugh anderson elias A smith and W V eiter who were appointed by the utah commission to canvass alie returns of e august election met at the office of the om mission yesterday morning and organized ich mr sells as chairman quite a number of gentlemen were pies among them being judge powers athur brown L M earl and cf the commission and kentucky smith oden heleb and ban hamer of ogden alie board decided to take up the counties in order and bei er county first claimed their attention the returns in this county nere found to be in bad shape and several minor irregularities were discovered in beaver and star it was found that alie totals on the abstract differed from the votes recorded on the tally sheet by about a dozen votes and on motion of judge smith it was decided to suspend the final count until tho ballot boxes from those precincts precinct a can be obtained and the ballot count ed at aliis juncture ogden niiles arose and said atiat he appeared for daniel who proposed to contest the election of tyler as county clerk of weber he had a petition setting forth the grounds of the contest and wished to know if it could be filed at that time judge powers said the duties of the board were purely ministerial such a paper could not be filed with the board and he objected to it mr riter thought the petition might SO with me ic turns and be taken up when the county was reached kentucky smith liere arose and said that when a certain precinct was reached he intended to call attention to some and ask that the ballota he not counted lie did not understand that it was necessary to file any petition in advance but if it was necessary to do so he wished to know it judge judd said the board had not looked up that question but if a person to file a paper he saw no objection to its being placed with the re turns this biow was shared by the kotlier members and mr hamers petition aa locked up with the returns from weber mr iiames alleges that in tho recent election in weber county in which he was the peoples candidate for county clerk a number of ballots were cast iu the ogden precincts on which ilia name appeared for county clerk while all the other names were those of the liberal candidates that the ballots atit counted for him but lor mr tylar the candidate for county clerk on the liberal ticket for this reason be asks that the ballots le counted box elder county was then taken up andas soon as box elder precinct Brig liam city was readied mr amith arose and said that be appeared for abe liberal candidates m that county who protested against the returns from brigham city being counted the board was purely ministerial and it could only determine whether alie returns on their face v ere correct if they were irregular they might send for the ballot boxes and count the votes but in this case that would be oi no use whatever for the following reasons on election day boothe coombs and peters the judges ho biad first been appointed by the utah commission and who held their commissions opened the polls in the court louse at the same time another set of judges mr wright A T snow and L A ehnow opened polls in another room in the same building the latter had no commissions and registration liht and the result was eliat the voters after boine to the first poll went around to the second poll and voted in both places in order to be sure as there list at this was no correct registration second poll and a good many voted who were not entitled to vote mm it was a sort of go as you please all around the first set of judges were duly colmia act but the commission learned that they were all candidates and a day 01 two before election they decided to remove these officers and appoint a new set these latter were notified but they did not receive their commissions until about ill a TO on election day and of course they had no authority te act the other judges had been removed and they bad no authority to act Secretary Sells said that on election day the commission was notified that to polls were running and were asked what judges were acting legally mr yells telephoned back that those last appointed were the proper judges mr smith said that both returns were before tho board the only question for them to decide was which was the return this was something that no clinite mind could do and the board would exceed their authority to attempt to do so in this condition of affairs the board should simply canvass the re turna of the county and leave this out if either party should be dis satisfied with this they might go to the courts for redress Rob eitson was here called upon to state the facts in the case and be said that on saturday pre ceding the election the commissioner was notified that judge heed the registration officer for box elder had been striking names off the list without authority of law and he and judge williams were directed to go up there and investigate they found that judge I 1 had been striking off names and called his attention to the circular issued by the commission in regard to reinstating atine names he promised to conform to it and then mr gillespie called their attention to the fact that the judges of election were all candidates for office this was in violation of the law and they instructed ted gillespie to appoint other judges and he promised to make the change before the opening of the poles the commissions were sent to him in blank on sunday afternoon and he was unable to say whether gillespie received them in time or not sir smith then resumed his argument and cited numerous authorities in support of his position on motion of judge smith the board decided to pass box elder precinct until the returns of the county were can after some precincts had been canvassed the county was discontinued for the day and was resumed at 10 this morning of course the greatest interest is taken in the count of silt lake county and the board decided that they would take up salt lake county on tuesday next weber will be taken up on thursday following herald |