| Show UTAH commission DECISION december the utah commission sion decided upon the following agreement in relation to the course of the deputy regist registrars fars and the charges against them the latter pa part r t particularly affords food for reflection in view of the political situation here it heber M wells vice chairman B R W young secretary municipal central committee of the peoples party of salt lake city vs H S mccallum McCal luni E B R clute J B R morris R D winters and louis hyams registrars for salt lake city before the utah commission on oil the day of november 1889 an informal charge against said registration officers was telegraphed to G L godfrey chairman of the commission by the said complainants whereupon pon he by telegraph called a special meeting of the commission to be held at salt lake city on the ath day of december 1889 in response to said call a quorum of the commission met at its office in salt lake city on said ath day of december and noti notified fled said complain complainants that the commission was wan ready to receive and act upon any charges they might prefer against said registration officers on wednesday december 11 said complainants presented to the commission the following charges pub dished in the DESMET NEWS of that date against said registration officers whereupon the commission deeming the said charges defective for want of certainty on the same day caused the seere secretary of the com slon sion to communicate to the complainants nants the following order published in the on friday the day of december at 9 said complainants prevented preben ted amended written charges also published li and on monday the day of december 1889 said commission having met in pursuance of said odd order to hear said charges and the evidence thereon the said regis officers presented their answers to said charges whereupon the commission proceeded to hear the evidence continuing said hearing of evidence and the arguments of counsel thereon daily until the lath day of december 1889 when thy same was concluded and submitted for the final consideration of the commission and the said commissioners having dul considered the same do find and say that in their opinion the said charges so made and preferred are not sustained stained au by the evidence eviden ce and tat fiat them has been no DO final or absolute denial of electoral rights Thel comm therefore acquit the said registration officers and upon the question of law arising upon the said charges and the investigation thereof the commission is of the opinion that the registration officers lare are required by law to afford equal facilities for the registration of all legal voters that after the qualification specified in that portion of the twenty fourth section of edthe the act of congress approved march 3 1887 prescribed what maybe may be shown by affidavit the affa affidavit davit of the person applying apply I 1 ng for registration is sufficient ci ent to entitle ed title him to le registered r and that the registration officer refuses such ap cant at his per peril and is only protected from the penalties of such refusal by being able to show conclusively that such applicant is not entitled to register and vote but as to the qualification prescribed in id the latter part of said section to wit no person who shall have been convicted of any crime under this act under the act of congress aforesaid approved march 1882 or who shall be a polygamist or who shall associate or cohabit with persons of the other sex shall te be entitled to vote in any election in said territory ia a discretion is permitted to te quote from a late decision of the chief justice of this territory which decision is the law and binding on all within the jurisdiction and should be obeyed unless reversed veried re by competent authority with respect to persons mainwal maintal maintaining nida the polygamous relation the registrar would seem to have the right and the discretion to inquire in any legitimate mode of course it is his duty to exercise diligence and to be reasonable I 1 am of the opinion that the registrar being required in all cases to deter determine nIlDe the nonexistence non exi existence stence of the fact that a mania man is a polygamist or is cohabiting with persons of the other sex or the fact that he has committed an of the crimes mentioned in the act of congress of 1882 or that of march ad 1887 hr he has a reasonable discretion to make the inquiry it may be said that in the great mass of cases it la Is not necessary to make any I 1 inquiry nor but it is necessary nece esary for f him 0 inquire as to all persons that he does not know that he is not satis I 1 1 ed have not committed any of hese crimes and that are not main aaning the polygamous relation it his duty to make the inquiry and e mode of the inquiry is not specified he has the right to make it in any legitimate mode pa in all other preliminary questions we consider it the duty of the registration officer to register all voters who qualify themselves by taking the affidavit or affidavits required by law but if he have such evidence of the falsity of the proffered affidavit as will protect him from the peb penalties prescribed by law for refusing to register the applicant he may refuse at his own risk of meeting such penalty this applies to the close of the registration on the day of december 1889 1869 that during the time fixed by law for hearing objections to the qualifications of any person registered as a voter a diff different larent rule applies then the duties of the registration officer cease cease to be ministerial and become judicial in their nature he sits adjudge in tart respect and in that capacity should abound give a fair and impartial hearing to all whose cases may come before him during that period no bias prejudice or partisan feeling should be allowed for a moment to influence his decision because one of the tbt dearest and most favored rights of citizenship is involved and there is probably redress for the party injured if the officer should act with partiality or unfairness he should administer justice with an equal hand to members of either party alike casting aside all other quest questions loho as unworthy of consideration except the one question is the person objected to a legal voter of the city of salt lake equality before the law should be the rule no honest man whatever his political affiliations could ask for more or should ask for less G L GODFREY chairman chaiem n utah commission I 1 |
