Show JUDGES FOR SCHOOL the election contests considered si dered THE ARGUMENTS AND CON official of he other contests salt lake nov 21 abc first official action of the utah commission today was the passage of the following resolution appointing judges for the school election ordered that the judges cf election to conduct the general election on november in the several precincts of the cities of logan ogden prove and the judges of poll no 1 in the several precincts oi salt lake city are hereby authorized and directed to conduct the school election in their several precincts to be held december 6 1893 at such place in their respective precincts as may be provided by the board of education of said cities respectively to candass the votes cast and make returns thereof to richards secretary of this commission who is hereby appointed to canvass the returns of said school elections and issue certificates of election to those persons w ho being eligible for such election shall appear to have been lawfully elected the utah commission has decided to assume control of the election to take place in this city on december ath for members of the city board of education this conclusion has been reached upon the following from judge judd to the chairman and members of the utah commission gentlemen at your request I 1 have examined the statutes of the territory mainly the school law enacted by the legislature in and that of 1892 and have como to the conclusion eliat it is probably the duty of the utah commission to provide for holding the election for school trustees under the law of 1892 and for announcing authoritatively the result of such election the subject is not altogether clear of doubt but I 1 am inclined to the opinion that the law of 1892 was intended to cover the whole subject in fact such seems to be apparent from reading the law as well as from alie title of the act and if this be so then not providing any machinery for the election if the commission fail to hold the election there could be none legally bield it is safest to resolve all doubt in favor of the power of the commission because eliat will not be questioned and its authority will bo acknowledged by all concerned respectfully united states attorney for utah the first contest to come up before the utah commission today wag that of joshua greenwood democrat against orange seeley republican in the ninth council district this is tho case where mr greenwood protested against the issuance of tho certificate of election to mr seeley though the latter received a majority of the votes cast for alie reason that mr seeley was ineligible by reason of his holding an office under federal appointment the contestant also asks that the certificate of election be given to him mr answer was that he was not ineligible because he had resigned the office of probate judge of emery county before the dakof election during the hearing there were present attorneys P L williams F S richards U W bennett arthur brown the parties in the various contests and others before beginning alie case the following stipulation was filed joshua greenwood vs orange seeley it is hereby agreed between the above contestants te eliat orange seeley has since november met with the county court of emery county and performed the duties of a member of said court the opening argument for mr greenwood was made by attorney A B schroeder lie contended that judge resignation was not in force until it had been accented and as this was not done prior to th e election lie was therefore ineligible to become a member of the legislature mr schroeder further argued that mr seeley being ineligible the certificate must be issued to alie person who being duly qualified for election received the highest number of votes though that number was less than was cast for an ineligible candidate attorney E W followed before his argument was begun however a telegram from the united states attorney general to charles crane chairman of the republican territorial committee stating that judge resignation had been duly received and filed was presented mr in his argument insisted that mr See leye resignation waa in force from the time it was sent to the president he further held that as the time of assuming the duties of a legislator was yet some weeks distant if mr seeley had not resigned yet ho could have done so in the intervening time and as a legislator the question of eligibility he insisted came up at the ame of qualification or attempted qualification for the second office and not at the time of the election the people could vote for whom they pleased but when the time for taking the oath of office came a person who was ineligible could not be allowed to take it regarding alie right to resign mr argued that it was absolute and whether accepted or not went into force at once it the will of the barty making it determined ter mined the attorney further agreed that under no circumstances could a minority candidate receive the certificate because such certificate would bo untrue and subversive of a republican form of government ern ment which decreed that only the one receiving a majority or at least a plurality of votes could be given the office if it were otherwise the will of the great majority of the people could be subverted and a very small minority be placed in control after recess this afternoon arthur brown and P L williams the former for mr seelem and tha latter for mr greenwood took part in the argument the entire time of the canvassing board waa occupied this afternoon by the contest from sandy salt lake county attorney breeze appeared and asked that the judges make a recount of the town vote and include therein thieo votes which were by mistake placed in alie precinct ballot box when found in the latter place they were not counted for the precinct and not being in the town box where they rightfully belonged when the count was made they were not included mr breeze argued that as the beturne included the poll lists which showed a discrepancy of between the number of the votes cast and the number on the tally sheet that this was such a discrepancy on tho face of the returns as required the canvassing board to order a new count mr harris appeared for the other ste side and argued that the tally sheet of alie judges constituted the returns and as there was no irregularity on the face of eliat sheet a recount could not be ordered by that board it a recount is ordered it is understood that it will effect a change in ono of the town trustees PECULIAR DOCUMENTS when the carowan parowan city returns were opened by the canvassing board the following documents were enclosed to the honorable utah commission from the enclosed affidavits you will eee that two challenges were entered during the election one against sir watson and one against mr wimmer on the ground that they are violating the edmunds tucker law I 1 was decided by two of the judges that if they could take and subscribe to the oath they could cast their votes which they did judge adama taking the grouns that the taking of the oath was not sufficient but that they ought to be required to furnish oral proof that they were not guilty to the satisfaction of the judges of election we would be very glad if you would give us your opinion in regard to that matter and you would greatly oblige WILLIAM II 11 HOLYOAK NEW S whiitney HUGH L ADAMS the affidavits enclosed read as follows territory of utah county of iron william holyoak of carowan parowan city iron county utah being duly sworn on his oath saye on information and belief the grounds of my challenge of L D watsons right to vote are as follows the said L D watson is a po lypa mist and his second wife has had ft child within the year dating from november WILLIAM HOLYOAK duly sworn to before the probate judge of iron county then follows a communication from william H holyoak presiding judge of election reading as follows nov first where docs emily crane live second Is nho or has she been your reputed second wife third what aee is bour youngest child mr watson would not answer these questions but subscribed to the following oath I 1 lorenzo D watson do solemnly swear that I 1 have not cohabited ga with more than one woman since D WATSON subscribed and sworn to before the presiding adge then follows an oath of peter wimmer in the same way As holyoak is elected mayor of paro wan by two votes there is not likely to bo any contest on lis part |