Show VETOED GOVE bunor OBJECT objections lonis IONiS TO c F xo 83 r r THE oxe one O NR as POWER rower oce I 1 more r TERRITORY OF UTAH EXECUTIVE OFFICE salt lake lak city march 1884 4 to ghnon the ohe bon hon 17 W JP cluff e president resident of the council SIR 1 I have the honor herein to give to your honorable body in which the bill originated my objections to council cil cli file no 33 entitled an act prescribing qualifications for electors a ai d office holders providing for thelreg the registration is of voters and regulating the manner of conducting elections I 1 will file the bill with the secretary of the territory it is d disapproved ed it is with profound regret that I 1 am constrained to do so that the legis active assembly of utah would meet ahe expectations of the country and the requirements of cong congress oress gress I 1 had earnestly hoped the bill presented for my approval falls fails to do so the act of congress known as the edmunds law Is entitled an act to amend section of the revised statutes of the united states in reference to bigamy and for other es 11 among its provisions polygamy or the belief in lits its lawfulness was made a ground of challenge in certain cases for jury service and it further provided that no polygamist should be entitled to vote at any election or be eligible to hold any office within the territory or under the united states and all registration red and election offices 0 of every description ascription were declared beclar ed vacant until other provisions be made by the legislative assembly of the territory every duty relating to the registration of voters and the conduct of elections and returning the results thereof was imposed upon a board of five persons appointed by the bres pres president ident of the united states under this law of congress and by the certificates of election from the board created by this law laithe the elected this this law of congress also provided that the present le legislature 11 in may ay make such laws conformable to the th organic act of the territory and not inconsistent with other laws of the united states as it shall deem proper concerning the filling of the offices in said territory declared vacant by this act I 1 congress then in 1862 by section revised statutes of the united States proposed to uproot polygamy gamab by denouncing it a crime and prescribing prescribing a penalty after conviction by a jury this act of 1862 1863 and other subsequent acts having failed kocor to correct the offense in 1882 2 by what is known as the edmunds law quoted from herein declared that no polygamist po gal gai etc shall shall shail be e entitled to cioll hold hoid 0 office f thereby withholding privileges to certain classes which had been geen extended very fully under provisions of the organic act does this bill passed as by the legislature ten ton tend to assist in uprooting polygamy I 1 gain b by providing ro viding against those disqualified Y I 1 fa ay by congress or does its provisions ions lons tend to make inoperative al all ali congressional acts relating to the subject the act of the legislature now in my hands snot not only is is not conformable to the organic act of this territory and inconsistent with other laws of the united states but under its provisions abundant and easy means to thwart therill the will of congress are furnished I 1 give my objections to the graver defects only section three 31 tl 3 31 ls is objectionable because it is in direct conflict with the law of congress con ress organizing the territory of utah township district and coun county ty offices may be elective as they now BOW are under section seven of the thi e organic act but the ther same section 7 im imposes a the duty of selecting terri territorial to liay off officers leers upon the governor and legislative council sections 4 and 5 are objectionable because they continue in an fn an indefensible form the vicious practice of allowing the selectmen to perpetuate themselves ved in office and to fill vacancies in other count county offices asunder as under the old law lany by which V hick the counte courts have been able to thwart the operations of the edmunds law and to continue polygamists as many now hold office in defiance of law and to cont continue lime ilme others in ija office after the terms for which they were elected have expired add ardd when their bondsmen may not longer be liable for wrongs done the public there is a failure to provide that officers who are ara appointed shall be cam commissioned as required ili in 2 of the organic ac act t sections six 6 to tb nine 9 inclusive are objectionable because while treating 61 thle tie tic ell eli 1 I bill i ty of persons fo office nowhere except capt in section six 6 ag as to the office of dele delegate ate to congress is it r required lire alre d that they hey shall be citizens nor in any of the sections six included is it required that they shall be registered voters as the law should provide pro vide thie the fact that these essential prerequisites pre requisites are contained in some other prior statute does not answer because such prior statute might be claimed to be repealed in favor of this the later one ono vand further persons elected or appointed to office might fairly claim that the late statute governs and rei the tho th oath required to be taken under the edmunds Edmun ls law wv which this act proposes to supplant is as follows 2 OF UTAH COUNTY 0 OP 1 I 1 being first st duly sworn or affirmed depose an and say that I 1 am over twenty arv enty one years of age and have resided in the territory of utah for tor six months and in the precinct of one month th immediately mediately IT nedia nedla tely preceding the date hereof and if a male am a native born bom or naturalized as the case may be citizen of the united states and a taxpayer tax payer in this territory or if a female I 1 am native born or natural jred iced or the wife widow or daughter as the case may be of a native nae born or naturalized citizen of the united states and I 1 do further solemnly swear or affirm that I 1 am not a bigamist nor a polygamist that 1 I have not violated the laws 0 of the united states prohibiting bigamy or polygamy that I 1 do not live or cohabit with more than one woman in the marriage relation nor does any relation exist between me and any woman which has been entered into or continued in violation of the said laws law a of the united states prohibiting bi bigamy again y or polygamy and it if a woman that tha t I 1 am not tre the wife ol of a polygamist nor have I 1 entered into any an relation with ith any man in in violation of the taws laws of the united states concerning p polygamy oly garny and bigamy subscribed and sworn to before me this day of A D iss registration Rezi officer 7 Pre cint the oath required by this ac act bis vis is a as S follows TERRITORY OP OF UTAH county OP 1 3 I 1 being first duly sworn depose and say that I 1 am a citizen of the united states ori have declared on oath before a competent court of record my intention to become a citizen of the united states and have taken an oath to support the Cons titu tion and government of the un united cited states state 8 as the case may be I 1 am years of age I 1 have resided in the territory of utah six months and in the precinct of thiry thirty days next preceding the date hereof an and d I 1 am not disqualified as s a voter by an any y law of the united states or of the territory of utah subscribed and sworn to before me this day of IS 18 asses assessor or D by DeputY depute assessor the latter latte boath oath is defective because it leaves the applicant for regi registration the right to judge of his own quai eions thus making each one a judge in his own case the edmunds law makes the registration officer the judge of the qualifications of the voter and this bill which is intended tosu to supplant lant that reverses this practice wrin while it permits ermias those who are anxious to ex peals eals eais the former if not directly by implication in and that no further tests than those prescribed in these sec sections tlona tiona should be required the edmunds law fixes the qualifications of electors and officers and makes the registration omm off meers officers in utah the j judges ud of the qualifications ficat ions of officers and electors that fact can only be ascertained as to electors from the record of registration in no other way may it be definitely known that the person is entitled to red register steryl sterly persons to be eligible for office office should be reg registered vaters voters rs the words oi of the bill before betone me viz unless he is entitled to register is too vague va u c and indefinite an expression these 1 fie fee provisions not only do not conform to the requirements of the law of I 1 congress but ou on the contrary leave an easy way for all persons elected either to territorial district and precinct offices ces so disposed to override the will of congress in fact tempts them to doso boso do so section ten 10 is objectionable for the following reasons first it re enacts enacts woman suffrage without expressing any opinion on the fhe merits of woman suffrage elsewhere the existing law conferring con conferring ferrin gt it in utah I 1 regard as of doubtful validity vall vali d ity and and must decline to approve any act gly giving ing t it vitality second in view of the recent legislation by congress restricting the suffrage in utah and limiting it to a certain class claas I 1 cannot approve any bill tended intended lu to extend and strengthen the f former system st c I 1 third thil T this h T bill grants the suffrage to those not citizens of the united states this provision might not under other circumstances be objectionable but it is well known that a system of foreign immigration exists in this territory which sa isolates the immigrant from republican influences that I 1 cannot consent to the enactment my predecessors have repeatedly refused to approve th this otheir provision and I 1 entirely concur id their action section twelve 12 maires maides assessors the registration omm off meers officers and requires t them to 0 appoint deputies in each precinct it is objectionable because there is no requirement that local deputies should be continued ds as appointed the old law had a provision like this but after the first year the local deputies in many places laces were discontinued and many who wn desired to register were necessitated to go to the county seats under theirld law many complaints were made of difficulties rigidly imposed upon members of one party and which members of another party found means to evade arcise the right through tho ugA ignorance prejudice ice or zeal to take an oath which tic tip they ought not to take and in such form that t ahat no 0 penalty could be attached to it and as it contains an oath to a conclusion of law only no perjury could be assigned apon avon it tile the oath itself is marvelous in its omissions and composition for a revie registration oath and noticeably so in view w of the laws of congress and would permit if they chose to do so every cv ery cry polygamist who had hadnot been convicted lacour in court to tore register and vote A registration registration oath should clearly state the affirmative qualifications Is and facts to be sworn to so that the most ignorant voter may know what is required and specific facts should be so stated as not to leave the voter to find out what the law is and what facts he is swearing to for these reasons the oath prescribed edund under erthe the edmunds law is to be preferred to the less definite oath prescribed sc in this act I 1 deem it essential that a more specific oath be required in order that the requirements of congress and the demands of the country may mar be in fact in this respect at least fa fairly iry M met e t b by y this legislature and that a me mere e d dependency e P tendency should n no 0 ion lon longer ger t thwart haw r t and nullify the laws of the land this section is objectionable further because the time for the closing of the registration and revision is too remote from election day and as shown under the old law to have worked injustice to many persons qualified to re register ister lster 11 the re last clause claise of this scotton injudiciously forbids the erasure of any name from the registration list by registration officers after the revision is closed as herein provided even if the registration officer personally knew or it was authoritatively brought to his attention that the person registered by him is disqualified he by this act is required bolit to sit hel hei helplessly lessly down iu in the presence or of and himself himself the instrument by which it is effected illegal re registration i and subsequent voting taking the chance that some soine other person may perhaps ascertain the facts assume the burthen and challen challenge challene e the registration before or the vote on election day S sec ec 16 is objectionable because it leaves to the opinion of the county clerk perhaps with the concurrence of the assessor to say whether the lists need revision or not the law should be plain and definite a and nd not leave so important a matter to the opinion of one or two officers perhaps personally interested as candidates di and perhaps invalidating invalidation other sections of this act in which stated revision is contemplated sections 17 and 19 are objectionable because independent precinct re registration Is would obviate the difficulties i in time and money in geini going t to 0 county seats and because it w would ou d be more applicable if in section igl igi the just justice c e were made the re registration officer after f the deputy assessor had returned his list to the county court it is difficult to see sec under the proposed law where the justices have any logical functions in the registration regis omm off meers officers are the proper persons to attend to the duties prescribed in this section especially especial ly as the final clause leaves it to the justice to strike off names but provides no penalties in case they refuse and involves a cumbersome and expensive law suit to have one name stricken off section twenty two Is objectionable because it falls fails to provide that all ballots at any election should be of uniform ana and and color and also falls fatis to provide that no marks be made against the voters name on the re registry i stry or poll list save only the numerals designating the number of his appearance and the fact that he has voted section twenty nine is objectionable because it prescribes provisions relating in to territorial officers in conflict wg with ith the organic act section thirty one is objectionable because it does not allow a sufficient time before the destruction of the ballots inasmuch as candidates are allowed more than the ten days to file notice of contest ballots should be preserved the tuil tuii time candidates am are given in which to file notice of contest sections twenty two and twenty three are objectionable because they provide for the abstract of the election being posted by the county clerk and forwarded to the secretary of the territory who I 1 shall in presence presen con cor of the governor unseal and canvass the same and make an abstract thereof etc ile he is here required to make an abstract of an abstract and to canvass an abstract this is meauli meaningless if it is desired that he shall acce accept pt the canvass as certified to him by the county clerk and record the same without any discretion the law should say so but it if it means that he shall in fact canvass the vote and cast up the returns for himself it should then provide for no determination of the result by the county clerk for in that case ease there could be nothing nothing determined until the kr had made his canvass 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