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Show FRAUD INSANPETE The Utah Commission Are Now Convinced That The RETURNS ARE DOCTORED And Certificate! ofElection Will Isue to Those Whom the Tally Sheet Shows Have a M&jorlty Suspicion Does Not Best on Clerk Blair Nor Upon the Commission. The arguments in the Sanpete election elec-tion cases beinz tried in the Third district dis-trict court at Salt Lake were concluded yesterday and the issue Eubmitted to the ourt. John M. Zane areued that fraud had been committed by the commission and that Clerk .Blair Bhould now be in a felon's cell, but the truth eeems to be, the changes were not made in Salt Lake city, but were made in Sanpete county before the ballot boxes or the returns left that county for Salt Lake city. Judge Powers followed Mr. Zane, and after reviewing the legal points at issue, is-sue, which occupied the balance of the forenoon eession, at the opening of the afternoon session. read the following etatement prepared by the Utah commission. com-mission. "Mai it Please of Court: "Notwithstanding any evidence that has been introduced in this case: notwithstanding not-withstanding any insinuations or charges made by counsel in the heat of argument, colored by partisan bias, it is a fact supported by the testimony that our clients, the members of the Utah commission, have acted honestly and in perfect good faith. They have desired in this investigation investiga-tion not only that the truth be developed, de-veloped, but also that the Btatute under which they act be construed by the court and their powers defined. From the very inception of the canvass lor delegates to the constitutional convention, conven-tion, they have acted with caution and circumspection and with a keen ap preciation of their oaths of office and tne trust which they have been called upon to execute. They called before them lawyers, both republicans and democrats, and took their advice before be-fore they took any steps to refer to the votes in the ballot boxes for the purpose pur-pose of determining the results of the election in banpete county, or elsewhere. else-where. It wbb the unanimous opinion ot lueu legal advmei'B, wituuut regard' to politics, that under oar statute the election returns consist of the registry list with the word "voted" marked opposite op-posite the voter's name; the poll list kept on the day of election; and the tally sheets in duplicate as made up when the votes are counted. They were also advise J, that when there were discrepancies between these books and lists which might affect the result of the election, that it became the i duty of the commission to resort to the ; ballot boxes and determine the true result from that ultimate authority. "They had confidence in the men who advised them and when the returns of of banpete count? were reached there were found discrepancies which seemed to render it imperative that they open the ballot boxes. Tney did not act hastily. They took no snap judgment. Had they desired to do so, they could have issued the election certificates before any action could have been taken in court. But they proceeded pro-ceeded with a deliberation that oeiits so grave a duty. lt is in evidence here, and it is the fact, and I am authorized by my clients to so state, that they had no evidence and no suspicion even that there was a probability or even a possibility th it the returns from Sanpete county were tainted in any degree. They have listened attentively to the testimony here given and they state upon honor, that if such testimony had beeu before them, or they had any suspicion that the returns nad been tampered with, they would never have gont beyond the tally sheet, but would have cast up and certified the result as there appears. ap-pears. The commission had agreed with Judge Jacob Johnson, of Sanpete county, the chairman of the republican republi-can committee for that county, that the board would visit that county and hear testimony prior to declaring the result of the election in that county. These proceedings vin court prevented such a course. 'They are confident that no member of the Commission or clerk or employe of that body is in any way responsible for any changes made upon tbe returns. re-turns. Whatever was made, was done Defere the returns reached the commission, com-mission, as the board has every reason to believe. They are unable to furnish to your honor the name or names of any pel son or persons who may have tampered with tbe returns, else they would willingly do so at this time. 'In view of the fact that it appears in evidence that the registry lists and poll lists from Sanpete county have been tainted by evidence of fraud, of the further fact that the ballot boxes were loosely and carelessly kept after the election sufficient to cast suspicion upon the result therein contained, when taken in connection with the testimony regarding tbe returns, they authorize author-ize their counsel to say they have determined de-termined to and will issue certificates to the candidates for the constitutional convention from Sanpete county who have the majority of votes as appear upon the tally sheets. In this determination deter-mination their counsel concur. In doing do-ing this they do not waive any legal position which they haye taken here and of necessity ; as the cases from Weber county and Box Elder county are to be governed by the law as laid down by the court in this case now before be-fore the court, there will remain the duty of the court to construe the Btatute Btat-ute in controversy, and grant or refuse the relief asked for." The determination does - not affect the legal points involve, that is, whether or not the commission has the right to resort to the ballot boxes, and - the cases . from Weber and Box Elder counties will be governed by the law as it shall be laid down by the court. ! Th3 hearing of the Third precinct cases i3 on today. |