| Show TIIE tile VOTES ARE NOT TO DE BE COUNTED THE T H ru utah ta commissioners have decided not to count the votes for commissioners to locate university lands the argument in favor of the count presented by chas W stayner I 1 esq of this city one of the elected candi dates has been published in this paper the reply of the commissioners will be seen below they make no answer to his and citations of law bearin bearing on the subject but simply re rei 1 fer to ti the e ruling u it ing of 0 last year and t the he decision that they recently made that votes for other than territorial omm off meers officers may be counted even though on the same ballots with the votes for territorial officers while the votes for the latter will be rejected there is no need for further comment now as the reply of the commissioners f furnishes u r no food for it but it is to be hoped that legal steps will be taken to vindicate the rights of the officers elected and of the people who have elected them the count ought to be compelled by judicial mandate OFFICE OF THE utan UTAH CO commission sait SALT LAKE CITY aug 14 1884 charies charie IV IF stayner esq sala sal lake city utah sir clr in reply to your addressed to the utah commission of date august 4 1884 with reference f arence to the canvassing of votes cast at the recent general election in the territory for commissioners to locate university lands I 1 have the honor to submit to you the following order of the commission in relation thereto in the matter of the demand of charles W stayner claiming for himself and others that they were candidates and voted for at the last general election for commissioners to lo 10 locate cate university lands that such votes or ballots should be counted as cast the decision of the commission is that the order of august 1884 which reaffirms the former judgement jud gement of the commission as expressed in the order of june 13 la that territorial officers are not elective but are manner prescribed bysee by section seven of the organic act of the territory will stand as the rule of the commission commission on this subject therefore votes or ballots cast for candidates for commissioners to locate university lands should not be counted by order of the commission ARTHUR L Ti diioia THOMAS iOIA loia S secretary of utah territory extract from the order of the commission under late date of june 13 1883 we are further of the opinion on that tho the offices of territorial superintendent of district schools territorial auditor of public accounts territorial treasurer and commissioners to locate university lands are under the organic act of the territory of utah to be appointed by the governor with the assent of the legislative council and that the the legislative isla tive assembly providing for filling those offices by an election of the people le are in conflict with said organic rl abet et and are therefore invalid A B CARLTON G L GODFREY committee ORDER OF till thu commission the utah commission adopted the following order on motion ol of senator paddock paddock published aug resolved Ee solved that in the opinion of this commission there is nothing in the laws of utah authorizing the rejection of ballots by the judges or the refusal f of canvassers to count the same asame merely because there maybe printed thereon the names of candidates for offices which under tho the law are tire not to be nil nii filled 1 in n a addition to those which may ledla ledia be lawfully w f 1 I 1 y elected and there is nothing in the rules and regulations heretofore prescribed for the elections i in the year 1884 in conflict with this view in regard to the question whether territorial officers are to be elected by the peo people le or appointed by the governor with witt the consent of the legislative council we adhere to the opinion promulgated by the commissio commission n on the of june 1883 that such omm off meers officers are only and the judges of election are not required to canvass or return the votes for such offices |
