Show RIS R E ibl ibi A RK S or hox HOY JOHN tail TAYL os OX ti cocle To cle contested election gaso caso o i atkin vs foote esen eben iia jia utah L legislative mauve maave 0 od t embly en er bly jan jam 13 1876 isto i 1 REPORTED br dabid VT EY ANSi mit MR BREAKER sleak FR as I 1 request t hed fed d this affair to be bb put off until mui umi day it is proper that shuk I 1 di give you ou an explanation andars andaAs and assign ign a reason foi for th that at cour course se of conduct kappre I 1 appreciate clate clato the 1 milace and of all ali men ohp wilp wity mity din ur from me we in opinion in VL relation to this matter I 1 do not wish to td force my opinions on this assembly nor to take any othen other course courso than that which would be fait falt straightforward and honora honorable blet bleu ili in hile bilo premises as one and oue one only of the embers members in of this thia honorable body at the tho time I 1 think thero there are some gome graya grnya stances associated with t which demand our ast haia faia ture tury and candid deliberation wo we have not ben been in the habit babit it generally gone rally raily heretofore of hav having cases of this kind presented ted ip ila t thib Is territory things g generally eberall y h have va been doue in a straightforward hon orabie manner mauner and I 1 do not nat remember in the many years tears that I 1 have been here perhaps my memory 0 ry dees does not serve serva ser veme vamo vemo jno ano right butr but buti I 1 d do 0 not remember any contested cases if there have be been enany auy any such puch cases 1 I should be pleas ett eTl 0 be he informed in relation to them it has bags been our desire generally to act wisely cal eal calmly imly deliberately and intelligently and there ia 19 no man more strongly in favor of equal sed and anti to ti all men than I 1 am I 1 have felt sorry that this matter ilas has assumed the P present resent shape I 1 would much have preferred that thab it had gone before the committee as previously contemplated then they ahey would have hava had a et proper nitty anity of investigating the evidence and rid of eliminating facts as should be therein adduced but as there Is a principle involved in this matter matier and certain p parties ar lt ltd i beem seera to think and the they have bave as ris ciuch right to think so as I 1 have bavo or 16 think otherwise that a me roean roeln inlo ber I 1 who presents himself under tho the pir ir cum eum stances which this gentler nadi Aari hu bag bai blought tobe admitted d to sent neat without any question quest ionti 1 that teat he ought to be allowed to take th the 0 oath and to a be placed on footing with other pf af 0 ri I 1 house youse it is therefore prope e to to discuss 18 N cuss tha 6 questions issue 6 f with I 1 alf all defere deference nog to the 06 te fe lingi ot t fhe ibe be members constituting the tho committee whom as gentlemen I 1 vla via very ry much esteem yet I 1 most mosi respectfully t beg bog leave lead tb diffen differ from them in this regard here is a 7 n a comparative stranger JA oun our midst there could certainly abe be no mo object in seeking to deprive any man of a seat in this house douset 1 I would be the very last to attempt any tion of that kind and if the q ques gues es i tion was merely one of bome come etie little informality some little tech bechn n cal difficulty that might hav tr anns Is i very fr frequently X oc urs in election con cou contests tests wherein there tl ere was some small discrepancy tien then I 1 should have paid no fie attention to io it but should have s said 14 certain az t i n ly let iet the gentleman come C 0 ini aw iet let dt him have ifal his position and eo joyall pil the rights of a member unal jintil it shall be amply pro proven thai li he aloes not possess those rights 0 but hap happening ning to have been bea iu tile the counti county that the tho gentleman hails from s sometime omet inic ago I 1 heald beald a statement ot these facts fron fromi an ad honorable gentleman hero here beside bead e me mr row bow berry berny whom you are e well weli acquainted with a former member of this house honse and from other ether gentlemen in that thit district of country and their slata statements n ts led ltd me to suppose that there had been a great great amount of fraud perpetrated aud and that it was a deliberate determination to defraud thor thol ight ful possessor of ofa a seat in this house of his legitimate duim claim tb thereto de t and to force upon this thia assembly a man who had no legitimate ight right and rind therefore I 1 havo felt a desire that my honorable colleagues should ba made acquainted with some of the facts pertaining to this matter I 1 havo selected a few oft of them heni perhaps there may be errors mixed dup aup up with them if it thero aro are 1 ask the tho indulgence of the bouso and of the gentleman e etleman concerned and every body interested and I 1 ani am reidy always hilway 8 to maw amerida for foi n anything ny in the shape of misstate ini mis state sith t ments that from my ny self tz I 1 I 1 A with thesa t preliminary a ry remar rep a 1 iks 4 asb no w 19 f to an hii raoof lub ibb of sank sooK soi sal L d pritim i to It atwould IN would I 1 Iuppo i ippei gp is 0 I 1 m 0 j p arvy 4 f i I 1 i I 1 A assembly t omd ome oine ilme time p nere MAI kai waa was a I 1 TU muied jed inlo into i to a alig hat that county ot or ii rip RIF I 1 i and I 1 I 1 them tAn ran I 1 bivil kau P pau h if among bis bla hia a or persons were yvere Olice wilce tAdd vat ahat bhat I 1 wish for thi the bete sete e u agres F thi DO Q t and 14 all arots bo the e case e fw af t they thes la eq du curlit be iwa ima in inore more aufai audal iii ili puru rp 6 its ils he ei thing thal that loio loi ke o avasa acasa ws ad 4 a lowit um pt t toge 0 g e p I 1 A 0 at 16 u I 1 0 th a aj 0 m 41 V county fo dont sq atthe githa qT the tha 6 coarts courts 0 r th an nd d t those tim u ath tnie juried or 1 ak hil kil arnu ariu U t through h rou h the thoi 66 atu and an d june juHe J iles ples sito tol vol make war upon the r ri chue ehte gerije Jeri leri lerl rb e rs je erty Y and of mhd th e citizens of ri tory tors n L WA ap was pai par part t J X ear 8 sago R ga oer object d df fluch ltd g ja I 1 min obtain ob I 1 thin jash I 1 ign df if lua lud bl calop of r knich S 1 we ava I 1 ic olty city api bpi as it yas was alif 10 r at e b bill tl liw liy rid 9 11 6 til egi ka fai fal billj I 1 dr some u in J leip 04 enactment acl 1 that an soine emme eeme reite ofila be whereby 4 X e ild did b be enabled to carry carny aa cairy ea ry i tuft tutt 0 1 th their r ra ri ejects tay they calculated I 1 t I 1 taw tat art WS at 01 thae that it little place I 1 set sel so bet I 1 0 a pat vat part yd to opa ope 0 P ai balb P n alid jhen M then 1 11 to defa deft urns uras roith foith I 1 I 1 40 our cit citizen me audi Andi gud sud bite hite they bey hey V were welo 0 or d lle lie nore dore iti ill iq vl and the ya ay uley oley wefa 9 t 6 be pounced ardd arid then iw ari juries pr teft ee tb override jai hii hit aw 1 ii afe i ludee ully AR d td 1 t te i lp iner Q t ajl dp tit fit and 4 A tife 1 6 this Tr aryn yn b be je seeh seen edff ie fl bt ith a court orthell of theli thell their P ayn own 1 ma 61 ff ki foti fott I 1 A 14 jury ry of 1 1 il 0 N s 4 11 f t sa ses orth of V r awn se i xi f wn ld ohp rule ant aft tj 1 I 1 af b it 1 irk ink i 1 faa ifor at 94 t ol 01 t lou IOU to pey persaw it t 0 0 hiral r b ya y ari arl spry af pf 0 6 4 tle ile gge ef ad e nid fid nho anti ante 0 pa rieb yas vas I 1 i r t ill nsf fid nS h h s I 1 W 4 on 0 gin 1 j u rythe coutta courts ur 4 SIR sat sab pep vas 8 xau bau ha d JU g ve 2 t ieni leri I 1 wele cb rl hirai iiran 1 gli le ent and s e me c atha etem s Y AF 6 of br was ef aed ed A ghi afi WN ti A I 1 tio dr V I 1 civil 11 ber 0 0 d of I 1 citizens iti itt zens zend pt f WW XI iba 01 I 1 f Y 11 1 ti rf under fiot rait taw united q d V ftc zena of oflus illis lilis every evey ngat ift lit privilege and field e barid bared eari a d nl ii 0 n grab 16 ML J b t M 11 happily thele choie vcra teby a sup bup superior id peered rOVer re erea ered gea ted decini ns tor for a and add e i thorl fori walgn eab months alib f aikan zik aiK cn i oin wa were re lanu land eang tang te ie J pV tim tank yank bodi tod sod wb 0 o igei er owera those witti wei wAl we hase have beoni bedni so ho turro iwo rid ed thare nig irig rig oa 18 lill 1111 B v dt now oy thih B m 6 leading facts i to tabs refel P feelth moan toan u la adl sa tig tim califi tau tak as as I 1 ald aid ih fo bd by py the ta then n go governors e aula fair j informs wa me be is prepared bel before wre bre this when ini ill iti dul oui at 63 tery teny very borry td ariu that such suei ndell ed suell such it iti isn snot of tyly lubin nubin albiny T 1 z a ahel stating e L they thoy govenar go Goven br woods bre brt pod pad i dosch from froth n the ele baled i hei bei occupied here this territory to go make among timo tiro robi rani nning Thing through didugh trat tuat th at 1 county the tha tho abdat t hat bat time lime in these there mining dietr where chero whisker whiskey was laj lat ed w wi th a zeal zeal yeal anu eloquin thy of ofa in better muser cause hey hep mathill md with thill jn flam matory I 1 we the passions of thase extent ten it 1 ahat abat informed it etwas was considered si dereu quite quito unsafe ool for peaceable capable citizens tb to travel adyr anywhere W ere e in their vicinity forn fod for ort olf one occasion 1 I 1 am n t n I 1 h ro rr ed by lwy toy friend liere I 1 he sald said id to the electors W an his bis elec tio 10 n e ng gen otten cleme 1 in a como come J ariy arly and voto vote otten often n anid arid rid olis this fram abd tbd 4 chief of this ibis 1 territory I 1 ara am sorby t haiean have uch auch statements P uhl nhu 1 I 1 firmly thein to be tide true and then at fh time of 0 thle the elect election iod lod fr free ei drinks were wate circulated in fit all the these sei sel campa camps and drunkenness run kenness and anti A P prevailed wv ealo emoo to A very great grent extent so that it was impossible thata strict surveillance could be chehad had under fhe the circumstances pj rop roa in tor corthe Cs or that a any uy correct account Zor of the tho votes wates could be apt ft it was wa a impossible that alyf these rhese votes V could 01 ild iid be properly challenged under un dt r thee circumstances staccee st ancee fon for who could une ine meet e t ti a iut lut iob lob of armed airmet d in men en in these isolated campusand camps camp and sand at tempt td nuy auy tuyu netlon action of theirs atille frenzied with liquor and with th the speeches of governor woods I 1 to at anoche oilie rp r p personage who beem seem to tho have figured inthis n 1 dok dak affair and that is the then honer able abil e judge mck earli wha at apat forth prominently in he the political arena hren a it ltd is s true thiu that he used a bitite more t strategy t than n governor woods his antibu was abt bt the less jess efficacious 1 I hold in my rby an a affidavit sard said to be a state slate menu eau eat by the then thed chief chiet justice justlee to tty amr lawrence bethune ullpa which 1 I wili will read 1 of bf if i I 1 1 l r ele eie C Cb n i John nie nio antl adyln edwin d win broad a diring belne beine 1 sworn aud abd sald fald PA th they qa ai afa aga citizens bites of hue ae hie un end d city territory that on the ard day of aug aup aby at af jacobs jai ous city r elcinet X C P n Y ltd territory aforesaid d tha thae thai f pm aw aci was then dr iee lee llon lion lon thalie aba TW did openly aud in U 4 of f law biens to cast their that he tie the the eald kald bethune Beth tine Tino at his hie own on in it eta sta flab arten atten the ohe had admitted bedded catbe lathe la arce or I 1 row fow our put thein ander bat rat oathia ofia nila enhance en tance as ayou so rup was your jour I 1 11 tu tendon pt lo 10 k d 6 in c to this country len lea 16 wates wales for oon england as the thie esse mra imay ba be 11 rf hil hii answered a ia the affa rifi alfre they were admitted to vote albo also w beo ben TO birrs to whether 0 01 riot not ibay were taxpayers be he said vald if I 1 bethune put pat bem hem bem under oath flieda ruid fuld ifrey werm diable td let pay tax if they gald bald et they iYre nym abey were to and deponent nW further faith vi gei lot sei tot forth awgull madon katon roi his conduit tb at ha wael jils t 6 jlyo jat B rf i r f ra L J j 11 0 su I 1 welt walt 1 fi i andave rn tt lo 10 6 this luig w nv 9 p 1 1 e 1 1 erwel pemel yr WEl mel OND f 0 ii IA I A h amid I 1 aar arn c WF 91 IF tta 1 6 V relation to t jo 6 ilot 1 irvid war kar need ned sli bly say t ny liy xii lillig abu yuu tarel farol ilar lar g chri tod iud vit ii I 1 tholan h udd 0 f b u r far war r rito I 1 h mati matl hati it I 1 1 ii I refer you hu however weier weVer sixth iassc forc lebn 16 of or the thirty fouch chapter of it the 0 ili ill oll oil oil that subject I 1 it reads reul a as 1 s fal 69 1 fl f r j SECS NO ivr ivi inerson konsh shail shall be a ii thiu thin m aning of IW act no nuva q a tax paye berri r nth AV 11 I 1 U I 1 01 i 1 yeb we find that thai t the hei judge instructed tile tiie u doki doti electious thal thac I 1 f s sol soi 61 munis mrily ithen alben ben hen oey tzeyi lerl leri 04 eagland EB rland gland or Vales ic it WA their thel t ini lill 1 to c come 0 me to td this cou CPU aliby wire vire ato we to divot ibave I have a here hera ofa ora cir dir that toog tooK place in lira irra jury room JQ in this I 1 wherein W V bryan swore effiew votes being dal dat pal 11 ot f t it t 1 t territory of tot al li county er 1 george georgo W bryan baing being ng by me sworn and sas gas ay that ua ne ia is s rk roll rell resident delit derit or ar lele iele county IT T taud baad abd a of the united states of Ai america that at a ath tho september terni of the di tract coat C nt of tho the third 14 1 Wd iclal of M tuli fill to r 1 tory A U was bv by tha gra grand rid and und alp p par tear bergre tali faiq G rand jury jurs and lo 10 prin with him the am an ani l poll foll ii ts of the general in the tho ye VAD wad 1 AD efin that thal that he did i in coulp flarice with saad urn ura monsy b bring iti ill ng said baid ali all ballot ballots ti lifred live red tue the saine to tho jury deponent further states that while inthe in the jury ho he iras was asked asko by ono of ille lh if bd knew of bf any kny illegal ille lile irai iral torea on antha the tho hide bide of tha liberal parta ty wu to hleb which question he be the ahod atod 4 yes hundreds mit fit theo them elp and anil fu further 1 ar deponent pie ile aa f zorge eorge w bryan arti batla batta tobito i me I 1 I 1 ams tart ste ta P T mon MOM D 1 notary r rubil public 1 T I 1 le county U T I 1 it t in may ak ho be i here litre if athis this iq ithe jhb c case n if so many h ny hu hundreds brids of totes rewan ato t hs h Is 13 peat hed fied nied nned it lp the tat ement J 1 bave bavo ba have ve re iea rea i a d ivr why was wag 8 it that these ese people were ivero hod not hot pro prosecuted well weil tile the fact is some of our people on qu the ibe othen other oher ohen side bide wc were ri most instances because thov chev had obtained their citizenship through the medium ot of tile the probate e courts A U ofir r people bno gie dle after liu jan U other r were hauld hauled up tip a nd cu te dand ye yet t they thought they bad had done dorle right in heing being by the probate courts hoke roke however r et ithe ahe judges hero here decided otherwise and iod lined a ri umber of citizens abr r ivo voting ti n alfo 11 papers issued I Is dle uie d by the probate courts 13 but t then thu all the acts nets acts 9 of our probate courts up to tho ilip passage of the poland bill on whid ri i theotime the time for appeals appeal had esp cip expired lied havethe on validated by that bill nill and nil nii thus |