REVEALED TRUTH CONFIRMED

BY SCIENCE.

LATE in the year 1889 the disease known as la grippe in France, and as influenza in Italy, made its appearance as an epidemic in Europe, and in a few weeks it assumed vast proportions, sweeping over almost the entire European continent. Its victims numbered, in the aggregate, several millious. In a number of instances a large proportion of the inhabitants of a populous city or district were affected simultaneously. It was not attended with great mortality, but it was a plague that caused much suffering and financial loss. It also swept the United States, but in this country a smaller proportion of the people were seriously affected, than in Europe.

which are destined to become a feature of the times in which we live. Science and human experience will continue to combine to vindicate revealed truth.

particular contagious disease, is too
well known to require argument in its
support. It may be observed that
physical strength and vigor do not al-
ways prove perfect health, as there
may be a poison lurking in the system,
which, from lack of time, or of develop- ELECTRICITY AS A MOTIVE POWER.
ment, or some other cause, has not
materially affected the physical
powers.

THIS city has an electric street car service which is probably equal to that of any other city in the country, at The study of the germ theory has least of similar size; and there is more led to the conclusion that persons who or less interest among our citizens in have kept their blood and bodies pure the progress that is being made in the and free from taint, whose food has use of electricity as a motive power. been wholesome, whose habits have On January 1, 1890, there were in the been moral and consistent with the United States 162 roads operated wholly laws of health, and who have avoided or in part by this motive power, while the use of stimulants and narcotics, on January 1, 1891, the number of and the inhalation of foul air, are in electric roads was 281, an increase of far less danger of attacks of disease, epi-74 per cent. in one year. As the indemic and contagious as well as other crease in street car companies during kinds, than are persons who have in- the same period was only about 5 per dulged in the reverse course. It used cent, these figures show that many and to be popularly supposed that a person horse railroads have changed to electricity.

In the latter part of last year the disease also showed itself as an epidemic in this some other countries and still prevails. It appears to have increased in virulence during the last few months. A larger percentage of cases terminate fatally, or leave serious complications in their train. La grippe is now recognized as likely to leave the system in such a condition that it renders the patient an easy prey to many other forms of disease.

To a great extent, this malady is still a mystery to the medical faculty, an opprobrium medicum. But the prevalent theory in regard to it is that it results from a germ, a microbe, a minute but living organism, which infests, in vast numbers, certain parts of the human body, when once a lodgment is found for it.

perfect health and of proper habits life and diet, who had not been subected to the inhalation of vitiated air, was as liable to be stricken with an epidemic disease, as one would be whose vital powers had been vitiated by ill health or bad habits. But this dea has been exploded by modern medical research.

During the period named the number of electric lighting stations increased in a heavy ratio, but not in as large a proportion as did the number of electric roads, and the advance made in the use of the subtle fluid for propelling machinery was very rapid. In short, as a motive power and illuminating agency, electricity is rapidly superseding all others. That it, will probably cut an important figure in modern naval warfare, is indicated by an exchange:

Any proficient medical man will admit that the physical system of the individual who has been addicted to the use of tobacco, alcohol, narcotics stimulants, or improper food, or whose habits have been immoral, is far more "The application of electricity to likely to become infested with disease marine architecture forms an interesting germs, than is the body of one whose subject of thought. Taking one of our war vessels as an example, we find there habits have been of a different charac-are as many as sixty auxiliary engines ter. Among the Jews anciently, there in different parts of the ship, used for was held to be a connection between a ventilating, heating, lighting, hoisting, elevating guns, handling ammunition, man's sins, and the disease from which etc., the space occupied by these engines he suffered. This was then a theo- and their connection being very great. By placing one electric plant deep in the logical proposition, but in modern hold of a man-of-war, all these auxiliary times it has come to be fully sustained engines could be supplied by means of by science. wires, which, if broken by a shot, could be repaired in a moment by the electrician, thus doing away with the danger of broken steam pipes and escaping steam."

It has been abundantly shown by observation that perfectly healthy persons are much less liable to be attacked with la grippe than those who suffer from an impaired state of health from any cause. The flesh, blood, mucous membranes, etc., of a perfectly healthy The foregoing leads up to the truths person are antiseptic, and do not afford enunciated in that great lesson in pasturage for the existence and propa- morality and hygiene, known among gation of such living organisms as the Latter-day Saints as the Word of those which produce la grippe. But Wisdom, a revelation given through the parasites find, in the systems of those whose blood has been vitiated, or vital powers weakened, by any other cause, favorite places of lodgment and prolification.

Should some method be discovered by which gunpowder could be superseded by the tremendous power of electricity, the Prophet Joseph Smith. At the in projecting missiles, the problem of time it was given, medical science did shot vs. plate would be effectually not harmonize with and support it in solved. Already it is admitted that the manner in which it now does; but the former has the best of the contest, recent discoveries in that science but no plate capable of being floated The germ theory of disease has confirm the teachings of that revela could withstand the force of electricity, gained converts so rapidly, during re- tion, and aid in giving it the charac-if once a method of applying it, in a cent years, among medical scientists, ter of one of the most important dis- concentrated form, behind a projectile, that it may be said to be quite gener-closures relative to the laws of life and were discovered. That this will be ally accepted, at least as applied to a health, ever made to man. done, seems by no means unlikely. large number of maladíes from which The line of life indicated in that comhuman beings and animals suffer, in- munication from the heavens will yet cluding most, if not all, known to be be proven, by the experience of afflictinfectious or contagious. And the rule ed humanity, to be the only means of that healthy persons are less liable securing immunity from such plagues to be attacked than sickly ones, by any as la grippe, and others more deadly,

Chas. A. Campbell and R. F. Glover have gone to Helena as Wyoming's delegates to the annual convention of the Montana Stock Growers' Association, to meet the 21st.

THE COUNTY ELECTION DECISION.

Judge Miner, in the Supreme Court of the Territory, April 18, delivered the following opinion in the case of Fergus Ferguson, plaintiff and contestant, vs. Clarence E. Allen, defendant and contestee. It was an appeal from a judgment made and entered in the Third District Court in favor of the defendant (J. T. Anderson, Judge):

The plaintiff, Fergus Ferguson, and the defendant, Clarence E. Allen, were each respectively candidates for the office of county clerk of the county of Salt Lake, Territory of Utah, at the August election in 1890, and the only

candidates therefor.

At the canvas of the votes by the County canvassers of the precinct returns, that body adjudged that defend. ant Allen had received a majority of fifteen votes; the said plaintiff having received 3740 votes, and the defendant having received 3755 votes; and a certificate of election was accordingly given to the defendant Allen, who is now in possession of the office.

The plaintiff, within the time required by law, filed his notice of contest, and now claims that there are two distinct errors in that computation,

that is:

-

these votes contained the name of the
contestant. Counting these 15 votes,
he would have a majority over the
contestee of eight votes.

Contestant claims, 1st, that the court
erred in not throwing out the entire
ballot of the third poll of the Bingham
Precinct, and deducting all the 39
votes from Allen's majority, for the
reason that the whole of said poll was
proven to be fraudulent, and no legal
votes were shown to have been cast.

2. The Court erred in not allowing the fifteen votes which it determined to have been wrongfully and illegally kept from the ballot box in South Cottouwood precinct, and found to have been by the votes tendered for Fergus Ferguson, to be counted for him.

The evidence upon which this case Was tried in the Court below is not brought before this Court by the record, and the only question before this Court on the record is whether or not the findings of fact, by the lower Court, justify the conclusions and judgment of the Court below, or whether other

of election for the reason that the name of each had been so stricken from the registration list."

Upon the foregoing facts, as found, the trial court found therefrom the following conclusions of law:

"That to the majority of fifteen for the incumbent,as shown upon the face of the canvass and retura, there should be added six votes on account of the matters set out in the fourth, fifth avi sixth paragraphs of the foregoing findings of facts, and that from the major ity for the incumbent, as thus increased, should be deducted fourteen votes, on account of the matters stated in the third and eighth paragraphs of said findings, leaving the incumbent a clear majority of seven votes out of all the legal votes cast for said office at sald election." "That the ballots offered to be cast for contestant in South Cottonwood preciuct, as referred to in the ninth paragraph of the said findings of fact, and which were rejected by the judges and were not in fact cast, car not be counted, nor can any of them be

and different conclusions of law should counted nor made available to the con have been reached upon the facts as testant in this proceeding." "And found. Upon these points the Court upon the foregoing facts and conclubelow found, among others, the follow-sions, it is adjudged and determined ing facts:

by the court that the contestant's com

8th. "That at said Poll No. 3, in plaint be dismissed, and that he take First In the Bingham Precinct, Bingham precinct, said thirteen ballots nothing by this proceeding, that the three polling places were provided by were cast by persons who were not office of clerk of the county court of incumbent was legally elected to sa the Utah Commission, but no division qualified electors of said precinct, but said Salt Lake County and his title was had of the registration list-the who fraudulently personated the names and right to said office is confirmed." whole registration was left with the of persons whose names appeared upon judges of each poll; that Poll No. 3 the registration list who were not pres-only as may be material in this dis The above findings include so mu in such precinct was established up the ent to vote. That each of said thirteen canyon, in the mountains, for the ac- ballots were cast, counted and returned sion. On examination of the eight commodation of the voters at the Brook- for the incumbent, contestee Allen, for finding of fact, we are unable to dis lyn mine. At this poll forty-one bal- said office of county clerk." cover that there is any error of the court lots were cast at this election-thirty- 9th. "That in the precinct of South in its findings of law, so far as they ap nine for the contestee and two for the Cottonwood, in said county, fifteen ply to the third poll of Bingham precontestant. Thirteen of the thirty- different persons presented themselves cinct. It is apparent from the fin nine votes cast for contestee Allen were at the polling place on the day of ings that 13 ballots were cast fraudproved to be cast fraudulently, by per- election, and claimed the right to ulently by persons who were not sons not entitled to vote, and were re-vote, and each tendered to the judges qualified electors of that precinct, by jected by the trial court, thus leaving of election a ballot for contestant personating those whose names ap Allen's vote in this precinct twenty- for said office of clerk of the county did not vote, and these thirteen votes peared upon the registration list, but It is now claimed by the contestant affidavit, sworn to before a justice of of the contestee, Allen. I court, and with said ballot tendered an were properly deducted from the vote that the court erred in not rejecting the peace, by the persons so offering to the entire vote polled at this precinct, vote, which affidavit contained the for the reason that the whole of the oath required by the Edmunds-Tucker, poll was proven fraudulent, and no law, and the ballot of each of said per legal votes were shown to have been sons was refused by the judges for the reason that the name of said persons was upon the registry of none of said precinct."

six.

cast.

this poll there can be no question, but That there was fraud practiced at it does not appear from the findings ef fact, that the incumbent or any of the officers conducting the election parthat the proceedings were so tarnished ticipated in such fraud or knew of it,or result of the election was rendered so duct on the part of the officers that the with fraud, neglect or improper conunreliable and fraudulent as to make it impossible to ascertain the actual vote from other evidence in the case.

The contestant also claims that he is entitled to have counted in his favor 15 votes in the South Cottonwood precinct, which were not returned by the persons had prior to the said day of "That the names of each of the 15 judges of election, and claims that the election been upon the registration list facts concerning these 15 voters are of said precinct, but each of said names that 15 legal voters, whose names ap- had been by the judges of election peared upon the registration list, who stricken from said list before the openwere entitled to vote, were wrongfully ing of the polls, in accordance with by the returns, is false and fraudulent, Where the result at a poll, as shown stricken from the registration list by the directions in writing from the dep- and it is impossible to ascertain the ac the judges of election themselves, so as uty registration officer of said precinct.tual legal vote from other evidence in to prevent their vote. That the said 15 That the right of each of said 15 per- the case, the vote of such poll must be voters, however, tried to vote, so far sons to vote at said election had been as they were able to do so, and that objected to by a qualified voter in wholly rejected. each of them tendered a ballot, together writing before said deputy registrar, with an affidavit sworn to in due and a hearing had been had upon each form by each of said persons offering of said objections after due notice had to vote, containing the oath required been given each of said persons before by the Act of Congress of March 3rd, said deputy registrar, and said deputy 1887, known as the Edmunds-Tucker registrar had determined on such law, and that the judges refused to hearing that the names of each of said put their ballots into the box. Each of persons should be stricken from the the voters caused said ballots to be registration list of said precinct which preserved, and his name written upon said determination was erroneous and it, identified and brought into court-illegal-the said 15 persons being qualiso that the ballot was cast by each of fied voters-but was duly certified to the 15 voters as far as it was in the said judges and the vote of each of power of the voter to cast it. Each of said persons was refused by said judges

Payne on election, section 499. 489, 490. Mc. Cary on election, section 485,

549.

Phelps vs. Shroeder, 26 Ohio State,
Ex Parte Murphy, 7 Cowan 153.
Lloyd vs Sullivan, 24 Pac. Rep. 218,

227.

12 Cal., 352.

84 Am. Decisions, 242.

Cooley's Con. Limitations, 280.
In this case the court was able, from
State vs. Hillmantell, 23 Wis., 422.
the testimony, to purge the poll of the

the result of the election would have duty, or their illegal, wrongful and been different, and the contestant, un-fraudulent performance of the duty der the findings, would then have re-imposed upon them, to register and ceived eight majority over the vote of permit all persons having such qualifiMr. Allen, the contestee. The author- cations to vote, calls for explanations ities bearing upon this question are on their part. In this case it is consomewhat uncertain and conflicting, ceded by contestee's counsel that no depending largely upon the statutes of evidence of justification was offered different States. before the court below to explain or justify the acts of the election officers. This omission cast suspicion upon their integrity, and with the testimony before the court was presumably sufficient prima facie to make out a case of erroneous and illegal conduct on their part, as found by the court trial.

Newcome vs. Kirley, 3 B Mon. 515. "If, however, the inspectors of election shall exclude legal voters, not because of honest error in judgment, but wilfully or corruptly, and to an extent that affects the result, or if legal voters are intimidated aud prevented from voting, or for any other reasons, the Seiler vs. Chapman, 54 Mo., 502. electors have not had opportunity for I am unable to see the difference the expression of their sentiment in the degree of fraud or mis- through the ballot box, the election conduct presented by а case should be set aside altogether, as havwhere the election officers iling failed in the purpose for which it was called.

Cooley's Cou. Lim., 618. That no legal voter should be deprived of that privilege by any illegal act of the election authorities is a fundamental principle of law, but in order for such voter to avail himself of that privilege, he must conform to such reasonable rules as are prescribed by law he must leave no hing undone on his part that he should do in order to bring himself within this rule-he must see that his name is on the registration list, and otherwise entitled to vote. When he has done this he has done all that the statute required in this territory.

U. S. vs. Reese et al.

In this case it appears that each of Buchanan vs. Manny, 2 Ellis, 287. these fifteen electors had their names Section 2007 of the Revised Statutes, properly enroled-that they were legal relied upon by counsel for the contestvoters and entitled to vote at this elec-ant, might be a potent factor in the detion; that the deputy register, with- termination of this question had not out any authority of law whatever, the Supreme Court of the United States erroneously and illegally ordered their declared it unconstitutional in— names stricken from the lists of quali- 92 U. S., p. 214. fied electors on the morning of the election-that each of them went and tendered a vote for the contestant, with an affidavit of their qualifications as legal voters. They were refused because their names had beer. illegally and erroneously stricken from the list of voters by order of the deputy registrar. This illegal act, if it was such, upon the part of the registration officers cannot be justified upon any pretext whatever.

I am satisfied that no case can be found in the books which presents a stronger appeal in behalf of justice to an elector than is presented by the record in this case. Yet the law seems to be settled that unless the ballot is actually cast it cannot be counted a local election contest. Justice Campbell, in his opinion in People vs. Cicot, 16 Mich., 311, says: "There is no case, so far as I have been able to discover under any system of voting by closed ballot, which has held that any account can be taken of rejected votes in a suit to try title for office."

The rights and wishes of all people are too sacred to be cast aside and nullified by the illegal and wrongful acts of their servants, no matter under what guise or pretense such acts are sought to be justified. This right is a fundamental right. All other rights, civil and political, depend on the free exercise of this one, and any material impairment of it is, to that extent, a subed to vote who were wrongfully preversion of our political system.

People vs. Pease, 27 N. Y., 45.
Gilliford vs. Palmer, 20 Wis., 544.
State vs. Robb., 18 Ind., 536.
5 Cal., 235.

People vs. Vandore, 53 Am. Dic., 69,
Davis vs. McKeeby, 5 Nevada, 369.
23 N.E. Rep., 538.
54 Huron, 567.

Perry vs. Whitcker, 71 N.C., 475.
People vs. Keenney, 21 Am. Rep.,

465.

Cottonwood precinct would change the result of the election for this therefore

Upon the whole record we in errors. The findings and judg the Court below are affirmed wi costs.

We concur in the result-
ZANE, C. J.
BLACKBURN, J.

THOMAS E. JEREMY. The funeral service over the rea of Elder Thomas E. Jeremy.co by Bishop Kesler, were held in Sixteenth Ward schoolhouse yester (Sunday), April 19th. The gathe was so large that many people unable to obtain admittance. Da tions given by the deceased whi life, in relation to the manner in he wished his funeral conducted, read. The details were faithfully filled.

Among those who were present Judge Cooley, in his work on Con- President Angus M. Cannon & stitutional Limitations, pp. 625-6-7, number of former and present men says: "We have seen that no evidence of the High Council of the Stake is admissible as to how parties intend-of the latter attending as honorary

bearers.

vented or excluded from so doing; The opening prayer was offer such a case is one of many without a by Elder J. Nicholson. Instruct cerned. And in such cases the in-marks in relation to the deceased remedy, so far as candidates are con- discourses, embodying eulogistic

These registration and election officers act ministerially, or at most quasi judicially, and their acts may properly be reviewed and questioned in a pro-jured parties have their right of action ceeding to contest or try the title to against the registration officers who any office made elective by the laws of violate their oath and maliciously or the Territory. corruptly strike the name of a legal voter from the registration list, or maliciously or corruptly refuse to place such names upon the register, and such parties may be made liable to a civil action in damages or prosecuted criminally for such corrupt, wilful and malicious acts. Ashby vs. White 2nd Ld. Rapn. 938. Gillispie vs. Palmer 20 Wis.544-6 Am.and Eng. Enc.of Lar. page 306-308-443. Hardesty vs. Teft 87 Am. Dec, 584. Jinkins vs. Waldson 11 John 114 54 Am. Dec., 564. Canfield The acts of the Legislature herein vs. Bullock 18 B. Mon. (K. Y.) 494-693 quoted can properly be considered in By Sec. 3752, Compiled laws of 1888, connection with the Edmunds-Tucker it is enacted that when any election act as applicable to this Territory held for an office exercised in and for in the registration of electors a county is contested on account of and conduct of elections, and any malconduct on the part of the should be so construed as to give every board of Judges of any precinct elecman, who has that right, an opportun- tion, or any member thereof, the elec ity to register and vote and to have tion cannot be annulled and set aside that vote honestly counted. Section upon any proof thereof, unless the renine of the Edmunds-Tucker law de- jection of the vote of such precinct or clares vacant all registration and elec- precincts would change the result as to tion offices of every description in the such office in the remaining vote of Territory; and each and every duty re county. lating to the registration of voters and conduct of elections, receiving and registering votes, and the canvassing of the same, etc., shall, until other provisions be made by the Legislature of the Territory, as hereinafter provided, be performed by and under the existing laws of the United States and of said

Also see Sec. 3751-3753–3761–2762.
Comp. Laws, 1888.

It is contended with much reason
that under the provisions of these stat-
utes no vote can be counted for a can-
didate that is not actually cast for him
while the polls are open, and that the
power of this Court is limited to the

delivered by Elders George G. Bywa Willian White, Bishop Kesler a President Angus M. Cannon. T closing Prayer was, offered by Elias Morris. The ward choir ra the musical exercises, which unusually excellent.

The body of Brother Jeremy followed to ehe cemetery by a cortege. At the grave the dedica prayer was offered by Elder George Wallace.

The following extracts are fre Jenson's Biographical Encyclopedis

Thomas Evans Jeremy was bor the Parish of Llanegwad, Carma shire, South Wales, July 11, 1815, on a farm and received a tolerable education. After his marriage he j the Baptist denomination, but bele the principles of "Mormonism" from time he first heard them proclaim March 3, 1846, he was baptized by E embraced the fulness of the Gospe Dan. Jones, he being one of the first Wales. On the evening of the day of baptism he was ordained to the office Priest, and soon afterwards, when Llany byther branch of the Church organized, he was appointed to pr over the same. By his continued ef being assisted also by other Elders! new branches were raised up in the mediate neighborhood of where he

sided.

Utah, with his family, consisting In 1849, Elder Jeremy emigrate wife and seven children and thre persons (one girl and two young that he paid for, crossing the Al

the ship Buena Vista, which sailed from SCHOOL BOND ELECTION DECISION. salary at the rate of $5,000 per annum, Liverpool, England, Feb. 25, 1849. In erossing the plains, the company in which be traveled, was snowed in on the Sweet Water, and before relief could be sent out

and shall continue in office until the Legislative Assembly of said Territory shall make provision for filling said retary of the Territory shall be secreoffices as herein authorized. The Sectary of said Board, and keep a journal

The Territorial Supreme Court, on April 18th, rendered its opinion in the from the Valley, the emigrants suffered Education of Salt Lake City (plain case of the People ex rel the Board of much from cold and hunger. In one night seventy of their cattle died from tiffs and appellants) vs. G. L. Godfrey, cold and starvation. Elder Jeremy locat-J. A. McClernand, A. B. Williams, of its proceedings, attest the action of Alvin Saunders, and B. S. Robertson, said board under this section. The a Board of Commissioners (defendants canvass and return of all votes at elecand respondents). It was delivered by tions in said Territory for Judge Zane in the following terms: bers of the Legislative Asturned to said board, which sembly thereof shall also be reshall canvass all such returns and issue who, being eligible for such elections certificates of election to those persons shall appear to have been lawfully

ed with the Welsh Saints west of the River Jordan, near Salt Lake City, but shortly afterwards settled in the Sixteenth Ward, Salt Lake City, where he has resided ever since. From 1849-52 he presided over the Welsh meetings, which were held weekly in this city during that time. These meetings were often visited

by some of the Apostles and were gener ally very spirited and interesting.

This was an application based on an affidavit of Richard W. Young, a member of the Board of Education of

mem

Salt Lake City, for a writ of prohibiIn 1852 Elder Jeremy was called on a them from publishing a notice of election against the defendants, prohibiting mission to his native courtry. He left tion to decide upon the issuing and elected, which certificates shall be the sale of bonds to raise money to pur-sons to sit in such assembly: Provided, only evidence of the right of such perchase school-house sites and for buying that the said board of five persons and building school-houses, and from shall not exclude any person otherwise appointing judges to hold such elec-eligible to vote from the polls on action, and from receiving the returns count of any opinion such person may thereof. entertain ou the subject of bigamy or polygamy, nor shall they refuse to count any such vote on account of the opinion of the person casting it on the subject of bigamy or polygamy; but each house

The District Court held that upon the facts stated in the affidavit the law did not authorize the issuance of the writ, and the plaintiff appealed to this

home Sept. 16th of that year, and after a severe journey across the plains and a stormy passage over the ocean he arrived in Liverpool, England, Dec. 24, 1852. He was appointed to preside as Pastor over three conferences (Swansea, Llanelly and Carmarthen), and subsequently acted as Counselor to Dan Jones, in the Presidency of the Welsh Mission. After a successful mission, he returned home with a company of Saints which sailed from Liverpool, England, in the ship Chimborazo, April 17, 1855. On the voyage he acted as a Counselor to Edward The fifteenth article of an act of the Stevenson, the president of the company. Legislature providing for a uniform of such assembly after its organization During the few following years Elder-ystem of free schools throughout the shall have power to decide upon the Jeremy and family suffered considerably Territory, in force March 13th, 1890,bers. And at or after the first meeting elections and qualifications of its memfrom scarcity of food, the grasshoppers makes the school trustees of each city of such Legislative Assembly whose destroying the crops in the valleys of of the first and second class, together

could sustain lite for a time.

court.

members shall have been elected ana

Utah. As long as he had any breadstuff, with the mayor thereof, a body corpor- returned according to the provisions of he divided liberally with his neighbors, and when all was gone, he stood his ate, and invests them with the powers this act, said Legislative Assembly may chance with the rest of the people in sub-deemed necessary to establish and make such laws, conformable to the orsisting on roots and other things which maintain common schools in the districts embraced in such cities. The ganic act of said Territory and not inAt the time of the general reformation City of Salt Lake belongs to the first consi-tent with other laws of the United in 1856 he took a very active part in class. This Board is in terms author-States, as it shall deem proper concernpreaching to the Welsh Saints and ex- ized to call elections at which to deter- ing the filling of the offices in said Terhoring them to renewed diligence. Latermine whether bonus shall be issued, to ritory declared vacant by this act.” (1857-58), he participated in the expedition give the notices prescribed, to appoint to Echo Canyon, making two trips out in fudges to hold such elections, and to receive and canvass the returns thereof.

*

*

* *

*

this section bearing upon the question
The connection of the provisions of
under consideration will be more ap-
parent if other portions of it are
omitted. Without such parts the sec-
tion would read: "AIP registration and
election cffices * *
are declared
vacant and * *
lating to registration
every duty re-
the
conduct of elections, the receiving of
votes, their canvass and return, and
the issuing of
* evidence of
election shall, until * * * provision
* * made by the Legislature as by
this section provided, be performed un-
der existing laws
by per-
sons appointed by *
persons

*

*

*

* *

*

the mountains. On one of these he served as captain of ten and on the other as captain of company; he suffered considerably from cold and over-exertion, Notwithstanding the provisions of and frequently had to make his bed on the law referred to, the defendants three feet of snow. In 1860 he was called issued the notice of the election menon a mission to Europe. He arrived in tioned in the application, appointed Liverpool December 12th of that year judges to hold the same, and required and was appointed to preside over the the returns thereof to be made to them Welsh Mission. While acting in that position for about three years and a half as such board. Had that body the several thousand people joined the power to do so? To answer this quesChurch in Wales. George G. Bywater tion it becomes necessary to interpret was his first and David M. Davis second section nine of an Act of Congress apCounselor. He returned home in charge proved March 22nd, 1882, known as of a large company of Saints, which sailed the Edmunds law. That section is as from Liverpool, on the ship General Mc- follows: "That all the registration and a board of Clellan May 21, 1864. In October follow-election offices of every description in five ing he was set apart to act as a member the Territory of Utah are hereby de- continue in office until the Legislature who shall of the High Council in the Salt Lake Stakeclared vacant, and each and every duty * * of Zion, a position which he occupied shall make provisions for filling antil May, 1887, when he was released relating to the registration of voters, said offices as herein authorized. with honor because of his advanced the conduct of elections, the receiving said Legislature may make such laws years. Soon afterwards he was ordained or rejection of votes and the canvassing* * as it shall deem proper concerna Patriarch. In November, 1875, he filled and return of the same, and the issuing the filling of the offices declared * another mission to England, arriving in ing of certificates or other evidence of * vacant by this act." This section Liverpool Dec. 1st of that year. He trav-election in said Territory, shall declared all the election offices in the eled among the branches in Wales, and until other provision be made Territory vacant and provided that the also attended to some private business; by the Legislative Assembly of duties belonging to them should Elder said Territory, as is hereinafter by this be Jeremy is one of the faithful and true section provided, be performed under pointed by the board until legislators discharged by persons ap

returned home in March 1876.

Elders who have shown the same noble

characteristics in times of prosperity as well as in times of adversity; he has ever been true to his God and his brethren and friends; his virtues and noble example will be held in honorable remembrance by future generations.

The proceedings of the Western Congress in session at Kansas City, make interesting reading. Peruse the dispatches carefully.

the existing laws of the United States chosen at an election held by such and said Territory by proper persons persons should enact laws by which who shall be appointed to execute such they could be filled. The board was offices and to perform such duties by a authorized to appoint persons to execute board of five persons to be appointed by the offices made vacant by the first the President, by and with the advice clause of the section and none other. and consent of the Senate, not more In the use of the language "all the than three of whom shall be members registration and election offices of of one political party; and a majority every description in the territory of of whom shall be a quorum. The Utah are hereby declared vacant," did members of said board so appointed by Congress intend only such as were the President shall each receive a 'then in existence; or did it also mean