Show THE ELECTION CONTEST in argument before the supreme court judge dickson makes his plea for the board of canvassers much interest evidenced arguments were commenced in tho supreme court at salt lake yesterday morning on the petition of M b rubbie for a restraining order to vent the state board of canvassers arm canvassing the vote cast at the recent election for district judges and other officers the petition recites as sufficient cause for the injunction injun cion that the law known as the australian ballot law under which the recent election was held wa not legally enacted by the last legislature the grounds upon which this statement is made is that when the bill was originally passed by the senate and the house and submitted to the governor for his approval that hie excellency returned the same to the senate with certain suggested amendments which were made by that body and the bill passed again in 1 regular order that the bill was then forwarded to the house body did not pass the bill by a yea and nay vote as required by the constitution but instead sin ply concurred in the amendments made by the senate without passing by a yea and nay vote the entire bill aa amerdee amer ded another reason ie in that the ballot was not a secret one and was therefore unconstitutional and for that reason there were no legal ballots caa iu he election and that a canvass cannot legally tollow AND anaweck the defense filed a demurrer elating that neither the petition nor the writ state facts sufficiently to entitle the petitioner to the relief prayed an answer to the petition wag also filed which denied all the material allegations of the petitioner SIR mr dickson opened the argument for the defense he said the importance of the question upon a decision was now sought wag admitted by all the object bellied the action of the petitioner was to set at naught the will of the people as expressed at the polls there never was a more hoogst and free expression of opinion of the people than we had at the last election there is not a single allegation of fraud in the petition it ie not alleged that any name of any candidate appeared upon the ballots which was not entitled to be there to rail things by their proper names the object of this petitioner and those in collusion col lueion with him is to see if some means can be discovered by which the free and expression of the will of the people of this state can be set ac naught and officers imposed upon them whom they do not desire abs tbs attack ia made upon the validity of the election laws pf this ette upon a technical error claimed to have been made in its passage the caneti Co neti aution provides that each house of the legislature shall keep and publish a journal of ital proceedings proc edings daily but is no way provided for verifying these j cournale our nale and in fac the constitution does not prescribe that any aye and nay vate upon any bill or any question except upon the request of alve members of the hose thug the journal of the senate or the house cannot be referred to for the purpose ot this case official records to authenticate legislative action mr dickeron quoted name roue authora ajea to show that loosely kept jontar Is be quoted as authority upon to either the validity or invalidity of any legislative ution for the reason that if each liberty were allowed theren M arcely a single legislative en which would cat be at filhe mercy of any person having access to theeb journake jour nate he alao thet even tile prescribe shall be followed in the paa laws and doea bof provide ft r the entry of auch action in the journal of the Iweta ture ir bush a ofay as to verify tha law then the journal cannot referred be to in passing the of such uv the corals cannot go behind enrolled faill to authenticate the act to the allegations native ballot wa no a cegret one for that each ballot wae marked cihi a ath one opposite th nameon the voter mr diak eon eaid that tt ahn jaw compier com pied with by juge there coald be no oceans 0 how a voter voted in case of a contest for alceed illegal voliny when atae number would be unsealed if the judge of election fails to seal this nai naia a ber down securely eo that it cannot be seen th officer as ailed and neglected to do his duty but thief aeb does not invalidate th law under which the neglect occurred the blaw makes ample provi eione for i perfect of the ballot but P the u election officers fail todo to do their duty it ie not the fault of the aw but makes the 11 bering provided by law is for th purpose punishing persona who vote unlawfully and without legal right for instance the presidential electors from this are chwen by a majority of pix votes and it should be recovered that seven illegal voters voted at the election for these eloc tote abie act established it becomer necessary to prove for whon these illegal votes were cast j it is for thia purpose tho system of numbering num berine ia adopted the name of the illegal voter is found upon the list of those who voted and the number opposite his name ie noted then the court breaks the seals upon all the ballots found in the box until the number corresponding with that of the illegal voter ia found and hie ballot is ope nai then it i ascertained for that ballot was fifon THE ELECTION CONTEST FROM 4 cast and a decision made accordingly the purpose of the system of numbering were it not for this safe 1 alard might be placed id the presidential ident ial chir of thie great nation a mon who had no right to be there the purpose of the lav ie bood and complies with the so far as absolute secrecy is concerned the object of this petitioner is practically to all the people of this elate to bet at caught the will of the people emphatically expressed that there ran be no mistaking it wo not know bow high or how deep the effect of this would go lead to a state of anarchy we cannot till it thia petition is granted the creat body of the people of the state will be wronged wron sed disfranchised and their desires ignored mr dickson claimed the petition was unlawful because it contained more subjects than one and was unable to eee or concede upon what rounds the election law ie attacked mr lasted until late in the afternoon and he was followed by senator brown who argued for alie petitioner be takina the stand that the ballot was not a secret one eto the court room was filled with attorneys and others who took n deep inter act in the proceedings the case will come up acain today and will probably continue oyer till monday the following are the attorneys in the cae for the petition brown 0 L loofbourow and john M zane es and for the board of canvassers W II 11 dickeron Dic keon R B J L Rawl lus II 11 P liend ereon and J |