| Show THE legislative ASSEMBLY COUNCH COUNCIL Co council ancil convened yesterday esterd jau jwu Jan i at 2 p pm ni I 1 I 1 the council resu resumed Died nied the second reading of C F no 1 the penal code of utah and made amendments thereto at AC the cio clo close e of the title 10 the council adjourned HOUSE ir 0 V S E the house met yesterday at 2 p m mr pack presented ed a from willet willets S harder and 72 pf af summit county praying fora change of county lines referred committee on counties mr roundy presented a petition from H W miller and 41 others washington and kane counties praying foran for an appropriation of 1 1000 to be expended in repairing and improving the road between the black bidge ridge addal george and completing the graveling of land the grape vine springs refer referred red to committee on Boad noad aBridges ferries anh and d canyons I 1 i I 1 F no 14 A bill relating to the E estates of deceased persons was called for attended and read a second time by sections and pending the reading of the section theU the house ouse adjourned COUNCIL council convened ye yesterday ste sie rady fib b at t 2 lj in councilor woodruff pr presented i a report from hon lion A P 1 rockwood dd superintendent of interests of utah bieh wieh showed what had been done in id t the he matter of replenishing the stream streams of the territory from supplies obtained from various sources abroad it also aiso offers some valuable practical idel on the subject and suggests the he making b by y fhe the legislature I 1 of bf A a small appropriation to aid did ahat chat hat branch and increase its facilities the te report ort was ordered spread on the minutes and the subject re referred to the Commit committee tee teo on claims and appropriations councilor calne caine presented memorial morial of C NY tappan and 25 others which was read asking for the idsert insertion ion lon of an article in the school law now under consideration by the legislative assembly p providing ro fur nur the election of a number of delegates delegat eg te to represent each school district etc referred to the committee on elections the council then resumed the second reading of C F 1 the penal code and mag made tonic ionic some bome amendments thereto 1 at atthe althe the elosa eloa of the raa reading ding of bf chapter of title TItIe 13 the thock the tho Cm council 1 adjourned jour ned ir lio IIO 0 ua oste UrtE E houle house met yesterday at 2 p m A communication from thele the recorder of mark marks and brands brinds asking for an A appropriation of bf to defray the expenses 0 of printing book of brands brand received since publishing the jast list referred to committee on and agriculture mr of committee on M elections reported the following decision on the contested election case for far the seat of tooele thoele county bf the committee an on eleo elec jans rons lons ions 1 of he js spouse C 0 of B e P r e cala guei gugg avei on tho the Gonta contested ted fed election caffo cage case f of the heat of fideor tooele couty county is 1 14 junia aulisa wi w i r 4 to the hon speaker and house of representatives of thi til iffie tiye tive Ass of the r of utah Gentler gentlemen nem new your committee committe e on elections to whom WAS NYM refe referred red the contest forthe for the se seat beat of representative senta tive from froin county in which george atkin la 19 contestant and BS E B foote is 15 respondent beg P leave to re report p ort as follows I 1 I 1 after a careful and thorough investigation vesti gation gatlon tion tiou of this case cas e receiving the affidavits and sworn oral testimony of witnesses on either side examining and aud comparing the and nua ballots listening to the tho statements and arguments of the contestant and respondent and their respective attorneys and summing up the facts and figures presented I 1 we nind find that at the general election ejection held augost august 3rd ard 1874 the votes cast for re representative presenta 0 o from thoele tooele county were as follows total number of votes polled 2218 of were cast for george atkin and 1201 fore for JS B S foote but for each owsald of baid bald parties there were votes received receive from alfrom persons not nott possessing the qualifications of voters prescribed b by 7 law jaw said votes we wo have rejected acted aa illegal as follows for atkin for foo roo foote tc persona on j 1 1 1 r hirst first pit papers pers pens ift W i persons voting whose names are not on tho the u tax lax list 19 01 9 non on residents ol 01 i precinct where the the votes wore were jf j f j cast i 3 8 minors 2 0 tr aliens s sa 5 0 az I 1 total deducting the number of illegal votes from the total ef of votes cast for atkin 1017 there is a remainder of or I deducting the number of illegal from the total of votes cast for foote 1201 there 13 1 3 a i remainder of leaving a difference in favor of atkin of 1 but included in this number there were ivere votes cast for george atkin by persons whose naturalization papers were obtained in the probate courts the validity of these papers is disputed dby by the respondent spon dent without deciding on this question of law jaw by deducting the said votes there is still a remainder in favor of george atkin of votes the only matter then left on an dispute between the contestant and land the respondent is in relation to tho the votes vutes cast by persons whose names do not appear on the tax list I 1 by an act prescribing certain qualifications necessary to 01 enable a person to be eligible to hold office or vote or serve as a juror ap up prove proved d jan 21 1859 it is provided that 1 sec 0 no person shall be deemed a resident within the wea mea meaning 4 of this act unless lie is ji a taxpayer in this territory and in section 3 of the same act it is provided provid bd that no persons hali ball vote at any election unless among other qualifications ho he has been a constant resident in this Territory 1 4 during the six months next preceding said elect election lon ion statutes of utah p 68 respondent objected to the legality of votes cast by women voters whose na names do not appear on the tax tam list but the act conferring upon women the elective franchise 11 approved feb 12 1870 makes no provision that women voters shall bo be taxpayers and the act above referred to defining the qualifications of male voters makes no reference whatever 40 women voters we WP have therefore accepted the votes cast for eithe either r party by women possessing the qualifications prescribed by law lawand kand faud we reject all ill votes cash cast for either party in this case by male persons eleose names do lo 10 nod not appear on ori tile tax taie list we unanimously agree thab that at the general gendral elbet election loh held beld august 3 1874 george atkin atlan rece reee received 1 d votes which cannot be legally disputed in excess odthe of the number cast for E S foote and therefore re commend that mhd the said sald george atkin be admitted idar idor to his seat as the legal representative grom from from thoele tooele county ii 1 the respondent requests the privilege of appearing by attorney b before the house home to present a avor aver verbal argument in hasl favor the contestant lon son desires the sam same e ft S gril gris ile ble bie nt fui 1 epo epe lepe ieee ego if iho the house shall grant the request of the respondent your committee herewith submit all ail 11 papers and do documents pertaining thin ehg to this case with the exception x of tb tho the poli poll lists its and ballot bailot obtained from tho the third district court and ask ito iio i to be discharged from further consider consideration atlo atio n of this matte matty 1 respectfully A P ROCKWOOD gilas glias IV PENROSE au j AV WG G SMITH A IC J it MURDOCH read aud and on motion motion of mr preston ia leayo e granted to the conte contestant sta ita nt r and respondent for toy their attorneys to address the house ouse each for the spa space ce of 30 declined by respondent attorney for the reason that etwas it was wag not sufficient time for foz such purpose on oa motion af pf mr thurber the report leport of the committee on elections eions on the contested case casp was accepted and committee discharged from further action on the subject and report ordered to be spread braad on the minutes I 1 mr thurber moved that mr at hin kin I 1 be sworn in inand and allowed to tal take his seat mr hatch moved an amendment that action in tb the e premises 1 he e deferred till 2 p in to r morrow orrow wednesday t I 1 amendment WAS put and lost mr air 2 Thur berm bera motion pu put and ano carried the Sp speaker ealter administered the oath to 1 mr ar george atkin mr mcfarr farr chairman on judiciary reported a bill H F no 17 to regulate the manner of appeals from the district courts to the supreme court in n criminal actions and for other purposes read the first time and ordered fo to he read a second timea time and copies coples of the bill be bunted drin Brin ted i rin mr Al murdock presented a peti pet from the county court of beaver neaver county praying for leave to issue bonds for the purpose of building a courthouse court house referred to committee on counties H EL P F no 14 taken from the table and reading taken up at ut the section and nud tho bill recommit ted led to judiciary committee and mr penrose Penro sze added to committee during the consideration of the bill LT F no 15 A bill to extend the jurisdiction of justices of the peace in u criminal cases and to regulate the mode of procedure therein taken from the table and r read cad by sections sundry amendments made madei and aud pending reading of further reading of the mii bul postponed till tomorrow to morrow mr penrose presented a petition from jesse murphy jean and aud four others to ba allowed to change thelt their names referred to committee on petitions and memorials mr bringhurst presented a remonstrance mon mob from milan packard and others of springville Spring ville sille against amending springville Spring ville CI elty city ty charter referred to committee on municipal In corporations f ada adjourned burned lyl ill I 1 i |
