| Show powers OF THE CORRIS commission slon SION AND OF THE canvassing BOARD anil ann discussion took place on thursday evening before the canvassing board appointed ap pp hinted b by Y the commissioners to count the votes cast at tho thu august election judge harkness hardness appeared in behalf of P F A mitchell as one of the com to locate university lands and showed the right of hib hia client to have the votes cast for him counted by the Boar dand to receive a certificate accordingly the board ho he argued had bad none but ministerial al powers and could legally do nothing in the premi premises stes but count the votes as returned col godfrey on behalf of the commission claimed that the board being appointed appoint edby by the had just jest such authority us as that corm comm gave to them which was to canvass the votes tor ton or those offices for the election which the commis sion blon had given notice and no others no election was called to fill this thia particular offices office and any argument in lu relation to it should be made to the commission and not to the board judge carlton cariton cari carl ton argued that the law jaw of utah providing for the election of these territorial officers conflicted with the organic act and therefore was void the election wes was for such offices as were provided uro aro for by law it was that the commission should supervise this election and this Is ia what they had done and were doing judge harkness Har kneas replied contending that the board was independent of the commission in its action the latter having no power over it or ex capt to make the appointment and it transcended its powers in everything wherein it interfered with he duties of that board beveral several members of the commission had something to say governor bamsey ramsey claiming that the edmunds law vacated all the offices and gave the commission authority to regulate the election to fill them and also niso to say what offices had to ba filled P F S it ric Bic richards richardg est esq quoted the law demonstrated the fact that it is only the election and registration officers that are vacated by the edmunds act that the commission had no power to designate what offices were to bo be filled because that t wag was provided for tor by law and illy illi th could only act within the law uw this argument ment he appearing toi foi ton X VV clayton for whom votes M been cast as territorial audits auditor was properly addressed to the bw boari the commission having no auti auth ty in the premises and that tb IN board had no right to go be behind J returns for anything any thing but simply yb hf canvass calva 83 there the returns tum 8 and gi give T e eest eess cleates to those who had been efat ed then it was for the pm pet who held the certificates to a steps to secure the offices if ay were opposed to decide rhida an act of the legislature gas was T ca was no part of the powers of otis t 1 board 0 or r of the com Commissi mimi 1 CD cn it 1 clearly judicial the matter wab was taken mk advisement until friday inome laoni itt i and today to day the count beil abdi finished this matter was tikes take m A by the board and voted on mesa riter biter and dunn dann M tin counting of the votes for I 1 e barial offices and meders hajj E and margary against the chairman gave the cigoj okas caas tott jott against the count and soll guv tu made 30 3 I 1 we have not space today to daj dai to tk tai up this subject on jtb its we have lave no besita hesitation tion in hil bil fib that of the duty of the canis ing board to canvass 1 hi returns which came to thu tta th there luere ere era can be no reasonable dodl doak the question onola of 1 validity ol of the ulah ulam 3 tab low law provia for tor the election ot the tho arut ed ad to much may be baid bald on oa bodt bodd sides but the edmands edmunds law clem cleu ly and unmistakably deffaa debaes tbt the powers of the COmm hilon hiloa andol the canvassing board sai aai gives them no judicial augot whatever and no right to validity of a law jaw of utah ua more mole than of an act of congress |
