Show THE commission THE registration THE ELECTION THE decision of the utah commission in the examination of complaints against the registration boffl cafor this city will be found in another column we consider itin the main a fair and reasonable document it was not to be expected that the commission would take the same view of the situation as a that perceived by the committee and members of the peoples peopled party the sympathies and feelings of the commission do not lie in that direction the off officers leers complained of were of their selection and appointment and they naturally leaned to some extent toward the point of their support pro viding it could be reasonably afforded therefore the evidence demanded in substantiation of the complaints was required to be in the nature of absolute proof which of df course was difficult to obtain but every intelligent person who has followed the examination carefully must have perceived th that a t the deputy registration officers have exhibited great dilli gence in certain directions and wk lack of energy in n others and that the peoples peopled party had solid ground for the conviction that they were being discriminated against and obstructed in the exercise of a legal right it was demonstrated during the examination that certain individuals were readily registered under circumstances in which others were refused that the registrars exercised judicial powers in relation to matters in which as the third district court has decided their authority is only ministerial that they have taken pains to hunt bunt up some voters and have avoided others othera that they have loitered around saloons and at I 1 tore when they should have been visiting the homes of voters that they have registered large numbers of men clustered at certain cheap hotels and refused to register others at private boarding houses that they haat even registered men at night nigh t and not at their homal homes and refused to r re 99 later cister others except at whether at night or la in the day time that they were unable to say they had refused registration to any I 1 I 1 liberal while large numbers of the peoples peopled party were rehi refused sed that in cases where liberals and peoples peopled voters lived side by side on the same street the liberals wese checked off effon on the registration lists and the peoples peopled left unchecked and that while it was impossible to bring liberal witnesses forward to technically prove certain facts it was clear that voters had bad been discriminated against and that in various ways and to a large extent because they were supposed to be members of the peoples peopled party explanations were asked bior for and plausibly given 0 t account for these differences and the commission accepted them as in good fath faith and therefore rendered the decision in the form in which it appears and it is true that there lias has been a as a the commission declare no final or absolute denial of electoral rights because there is still one week left in which voters may be registered but the central committee and large numbers 0 of voters whom the registration officers had been dodging and putting off and postponing until december had reason to believe that the object of these officers was to crowd away until the week ap appointed k blute d for office registration so many of the peoples peopled voters that they would he unable to secure registration also that by the assumption of judicial powers already exhibited ahse officers would still further obstruct registration and that the office redig registration would be conducted in a similar man manner ner to the house bouse to house bouse visitation all the facts in these matters were not brought out because the actual proofs required were necessarily difficult to obtain through the reluctance of men to be badgered ason the witness stand by impertinent attorneys and to leave their employment during this busy season but sufficient were elicited cited to show the points we have made boond beyond question the coming of the commission has been productive of great good the registration officers evinced abe b e 9 alacrity la crity at once we are sat is fl th ta a great many voters were registered e g berd after their arrival who would not have been if the commission had not come the powers of registration officers are now also more clearly defined they have no right to exercise 0 discrete di discretionary lo 10 nary functions except when they have reasons reasons to believe that a person applying for registration is maintaining the polygamous relation and then only to the extent of making inquiry in a legitimate mode 11 As to all other persons their affidavit as provided by law is sufficient lelent the registration officer has no power to do anything in their ases but administer admi nister the oath if he refuses refuse to register an applicant he does s SL at his own peril and is only protected from the penalties of such refusal by being able to show conclusively clu that ruah such applicant is not entitled to register regist erand and vote it will be interesting here to see what those penalties are section compiled laws of utah provides that any person who having entered upon any of the offices or duties provided for in this act shall wilfully fail or neglect to perform in any of the duties required of such officer or person shall be deemed guilty of a felony felon and on conviction thereof dhalle shall be punished by a fine not exceeding the sum of one thousand dollars or be imprisoned in the penitentiary for a term not exceeding two years in addition to this we call attention to the following provisions of the laws of congress in relation to the elective franchise revised statutes of the united states pp ap 4 00 sno SEC 2005 when under the authority of the constitution or laws of any state or the laws of an any territory any act is required to be done one as a prerequisite re isi te or qualification for voting an and yb by Y uch such constitution or laws persons or officers are charged with the duty of furnishing to citizens an opportunity port unity to perform such pre site ite or to become qualified to vote every svery such person and officer shall give to all citizens of the united states the same and equal opportunity to perform such prerequisite pre requisite and to become qualified to vote SEC 2006 every person or officer charged with the duty specified in the tre preceding ceding section who refuses or knowingly omits to give full effect to that section shall forfeit the sum of five hundred dollars to the party aggrieved by such refusal or omission to be recovered by an notion action on the case with costs and such allowance for counsel fees as the courtr court may deem just SEC 2007 whenever under the authority of the constitution or laws of any state slate or the laws of any territory any act is required to be done by a citizen as a prerequisite pre requisite to qualify or entitle him to vote the offer of such citizen to perform the act required to be done shall if it fail to be carried into execution by reason of the wrongful act or omission of the person or officer charged with the duty f re ce ivina or permitting such performance Br offer to perform or act thereon be deemed and hold held as a performance in ladof such act and the person so offering and falling failing to vote and being 0 otherwise ther wise qualified shall be entitled t to 0 vote in the same manner and to the same extent as if he be had is in amt performed such act SEC 2008 every fudge inspector inspect org or other officer of election whose duty it is to receive count certify register report or give effect to the vote oj of such butch citizen who wrongfully refuses or omits to receive count certify register report or give effect to the vote of such citizen upon the presentation by him of his affidavit stating such offer and the time and place thereof and the name of the officer or person whose duty it was to act thereon and that he was wrongfully prevented by such persons or officer from performing such act shall forfeit the sum of five hundred dollars to the party aggrieved by such refusal or io 11 to be recovered by an action on the case with costs and such allowance for counsel fees as the court may deem deeni just SEC 2009 every officer or other person having powers or duties of an official loial off character to discharge under any of the provisions of this title who by threats or any unlawful means hinders delays prevent sor obstructs or combines or confederates pitr with others to hinder delay prevent or obstruct any citizen from doing any act required to be done to qualify him to vote or from voting at any election in any state territory district county city parish township school district municipality or other territorial subdivision shall forfeit the sum of five hundred dollars to the person aggrieved thereby to be recovered by an action on the case with Is costs and allowance for foi counsel fees as the e court may deem just 00 thus there is a remedy for the voter who is denied his rights and he can proceed under both the civil and crim criminal bial laws the registration officer is no monarch of all he surveys when acting in his office and if he takes chances acon on his peril in order to serve his political party the voter has recourse to the proceedings mentioned above in section 2007 the voters of the peopled party have been stirred up in relation to their rights and propose to have justice they do not want to register or vote unless they are legally entitled to do so go and they do not mean to be prevented from the exercise of a lawful right if there are any means of remedy or to put up with obstructions from any official without resorting horld ng to the proper means for his punishment we desire to say here that no person is entitled to registration unless he is in good faith an actual resident of this city and territory and has been such in the precinct where he resides one month and in the territory six months before registration there should be no quibbling or evasion on this important matter if a mans home to Is out of the territory or opt of the city he has no right to register or vote in this city only bona fide jia residents should attempt to do 1 either that there are are persons who are n nofa lehiy qualified who intend to attempt to is reasonably certain it is just as cert ivAn that the peopled party do not intend to submit to any such fraud all we want is a fair registration of the legal voters of all parties and a fair election which shall show the honest sentiments of the lawful electors of this city if these are secured we will abide the issue and do all in our power to support the municipal administration in the proper discharge of duty no matter what may be its political complexion let the lawful majority rule |