Show lim lie FIRST DISTRICT COURT another divorce granted new oases feied court finishing work there were new proceedings begun today the utah cammi aion claiming that it is thair duty to canvass tha returns aud holline anat the ballots CAnnot be counted by the aden hiles a democratic attorney haa discovered borne new points in law which appear very favorable to ee in conversing with a salt like tribune reporter judge hiles quoted section 9 of the edmunds tucker act which provides that the duties of ail election boards shall be performed under existing lana of the united states and of ane territory by parsons and baarda who shall be appointed by ane utah under the ferri tonal election law existing at abe time of the 0 the act ahe couney court was required to canvass the cant for members of the legislature and to abend an abstract of abe sama to the secretary of the territory v hj was directed to canvass not abe yates but the abstracts and to itsuo certificates to tha candidates elect ed as shown by the abstract no power was given the to do am tiling hut to examine the ct and issue certificated thereon the edmus ib act irum the hec detary alie power to pars upon the abstract and issue to bere of the and vested it in the utah it provided that the ana returns of all iab votes at elections in eaid territory for members of the ball to said board whick shall all eucie returns and issue of election to those persons who bainy elibbie eli ibie for buch election shall appear to have been lawfully elected judge hilea holds that the onla canvass and return meint me int by this provision is an abstract of the vote similar te the one formerly tran tinted by iba county court to the pee eairy of the HIOT i i li h all that the utah is empowered to buon should il be decided that it is abe doty of a canvassing boad to canvass the returns for delegates and should the board desire to go the returns two obstacles would confront it one is that under the election statute balota aura required to ba destroyed within a certain period after the at which they were cast no contest in involving them haa acea faiad and ballota kept beyond the per od provided for their preservation are kept in violation ot law and cannot be need jude hidei continued tor any canvassing purpose ahe other oba lacle is that the boxes of in dispute have been tampered by members ot the utah Comm isaiou who though acting under a pretense of authority violated the election lawa when they opened the boxes and the ballets when they touched them |