The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-13
THE OGDEN DECISION.

registration officer of Ogden City ap-
peared in full in Wednesdays issue of
THE HERALD. The case involved the
validity or the legality of the action Of
the Council of the city napled and of
the Governor of the Territory in the
proceedings which have been taken
looking to the making of Ogden city
of the second class under the municipal
law passed at the last session OF the
Legislative Assembly. The Council had
caused a census to be taken, and the
enumeration showing the requisite
number of inhabitants the Governor
issued proclamation declaring Ogden
to be city of the second class. The
Council thereupon adopted an ordi-
nance dividing the city into municipal
wards, and providing for the election of
councillors and justices of the peace
by wards, the general officers, as
Mayor, Nasal, and so on being
chosen as at present by a majority vote
of the whole city. The proceedings
have been fought by the Liberals from
the outset. Being defeated in their eff
forts to have the courts prevent the
taking of the census, the Liberals at
tackled the ordinance and the legisIa-
tive enactment under which it was
adopted. 1t was argued that the Ter
ritorial statute was void, the enacting
clause having been omitted through
negligence of somebody in the As
sembly. 1t was further argued tina:
the Legislature had no right to pass the
municipal bill, the Congressional act
known as the Edmunds law having
restricted it in the matter. Further
more, the contention was made that
if the Territorial statute were valid it
had not been complied with by the Og-
den Council, inasmuch as the people
should have been given the privilege
of voting on the proposition to bring
the city within the second class.
Judge Henderson decides that the
Territorial law is valid, notwithstand-
the absence of the enacting clause from
the bill which was passed by the Assem-
bly, and regularly approved by the
Governor. All must regard this as
very great victory for right and equity,
as a contrary decision would have
plunged municipalities into much dis
order, financially and otherwise. Salt
Lake would have been in a sad plight,
having just disposed CT large amount |
of bonds and being about to inaugurate |
needed and costly internal improve
ments by authority OF the Territorial
enactment.
However, Judge Henderson decides |
the other point for the Liberals, hold
ing that the statute has not been COM
Piled with in the matter Of the peoule |
being granted the privilege of voting on |
the proposition to make ogden city of |
the second class. The opinion is with |
the Liberals, and unless an appeal be |
taken and reversal obtained, which |
do not now seem probable, Ogden viii
continue city of the third class until
after the election in February, which |
will be held under the old law.
Looking at the case politically or
from a partisan standpoint, THE
HERALD regards it as victory for the
Peoples party, and consequently, de-
feat for the Liberals. The Liberal in
centive is the belief that they have
majority of al the voters in Ogden
City, and they expect to gain absolute
control of the municipal government.
every voter casting one ballot for a
candidate for each Office. If this as
sumption is correct, of course the Lib
erals will be the gamers by Tuesdays
decision but We do not believe it is cor
rect that the Liberals are in the ma ,
jority. If the People are in the major
ity, as we think they are, the Liberals :
will have only such representation in
the municipal government as the gen. ,
erosity of the Peoples party NAV give .,
them. Under the spportIonment in :
the ordinance set aside by the Judge II q =
Liberals, who seem to be punched 90
they are in Salt Lake, would have carried
two of the five wards, and if thew bsd
been in the majority would have elected
all the general officers as well. The
Liberals either have supreme confidence :
in their own strength, or they regard :
two ffths OF loaf as worse than no :
bread.
It is not known at this writing what
action the City Council will take, but it
seems unlikely, the time being so short, t
that the city will be able to vote other t
than under the old law at the February t