CHAPTER XX
AT the April election in 1847 the several counties voted on a proposition to grant license for the sale of intoxicating liquors. All but two counties refused to license the traffic. Four district judges were chosen at this election. Charles Mason, who was Chief Justice of the Territorial Supreme Court, had been nominated by the Democrats for Superintendent of Public Instruction. James Harlan was nominated by the Whigs. Mr. Harlan, who was a recent graduate of an eastern college, and a young man of fine ability, entered upon the campaign with great energy, speaking in most of the populous counties. He made a favorable impression and greatly to the surprise of his competitor was elected, receiving 8,038 votes, to 7,625 for Mason.
When it was found that Harlan was elected the Secretary of State, Elisha Cutler, a stanch Democrat, declared that the law under which the election was held had not taken effect prior to the election and refused to issue a certificate of election but finally gave Mr. Harlan a certified statement of the votes cast which showed a majority of 413 over Judge Mason. Mr. Harlan presented this statement to Governor Briggs and also handed him the official bond required by law. The Governor approved the bond but refused to issue his commission on the ground that he had no authority. A writ of quo warranto was served on Mr. Harlan, requiring him to show by what authority he undertook to discharge the duties of the office. But the trial was delayed until after the meeting of the Legislature and Mr. Harlan proceeded to discharge the duties of the office.
At the August election for a Board of Public Works, in
