| Show ILICHUN in itULiMJ i 11 Judge Ilattcli ot the HIt Buprtii a court has banded down file opinion I a the corilltiitlonallly ot the elictIC t cliCill 10 laws bond as tile ojtcuirence In1I I I I Judge Mintr gpeta It the anolloll 0 1 maloII10r the court Ills liu law In the hlaU Kllh KBflct to the + Olh iutniduou In tile main lisuot q 111112 the canvarslni ol eletllo limn Bud tile loans ot election cji I lllc 1 > tts aud lu l upholding I the gei IvallJlly ol the Autrallan I ballo law imitd < 1 l y the l < ee alaluie of IBO llilnojlnloj agrees willi thalpieseuti by Cliltf JIUIICH Zones wlnio doctor tlon crefolc was final upon tLs point upjii which the public mil emitted Us chief Interest j S But lu respect to two pioposltlai lite Iwo or Atsoclate Juitlces Baric and Miner prevail over those of tl chief Justice and upon theme tImer f t-Imer are to be Ibo rue horealti On the question as to whether t not It 10 Pieper ti co behind the e tolled bill for evidence lie legal 11 X tetment I Judge Kino bel I that It w LOJIU ibomajultyof r the I court t f < area otbeiwltt they hold that Ihe e lolled bill lit but prim faI evidence it Us cnaclment anti that lor luribe 001 the legislative 1 Journal ml 1j 1 j I b t resorlel to Hut as In this In lance Iheie la t nothing In the Journal to I hour that the law was not properly palled the presumption Is I that the Contltullun was compiled with anJ D i far me that Point It ou3comed the statute Is valid With regard to I the secrecy of tbe allot however the majority of the clltl hold that the Australian ballot system as defined In the Utah law Is I not secret within the meaning of the Constitution nnl therefore that por II I n of tile statute providing for rjum bitlnR or Identification of the ballots it I vold > but Ibo failure of that email nrllo1 of Ihe law due not fleet the Whole and therefore the election mint land l lly this ruling It unlawful hereafter to minibtr any ballot this ban no relegation to numbers on the tub and duplicate Inhor to brisk he seals upon any ballet numbered na the law contemplated If no change be made In the wording of the statute tmcer acting under It 1 hereafter must Ignore the portions condemned by Ibe majority opinion lu this stale of affairs It Is I likely bat In Its revision and codification of be laws the Legislature will omit all tovlslous declared Invalid ao tbt the toil publication ot statutes will lave them aa they ale at the data or Iu Whatever other changes maybe may-be made we do not presume to aay but bouhllo the Slatea legal enactments enact-ments generally will bo much Im altered and Simplified by the Judicial disposition to I have them conformable with a strict construction of the Con million |
