The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-26
OGDEN KNOCKED OUT.
The Supreme Court Sustains
Judge Henderson.
THE HAYS AND WATSON CASES
what OF the Hnect?-Dr. Brsde.
meyers Case Once More In Court
Police Court PickinEs.

! The judicial Cyclone has passed US by
at least for the present.
Those who assembled in the Supreme
Court room yesterday, in anticipation
of an opinion In the case of Zane-Dyer
ct al. were again doomed to disappoint-
ment.
The frat business was the announce
ment Of the fact that an agreement
had been reached in the cases of O. D.
Hays and John Watson against George
L. Corey, both OF which had been ar
gued together the day previous. Judge
Sanford merely announced that the
court had sustained Judge Henderson,
and later in the day filed the following
opinion, the understanding being that
the decision rendered by Judge Hen
derson at Ogden on the 18th of Decem-
! Der last, and published in The HERALD
OF the 18th, should form part of the
opinion.
After title of court and cause
THE OPINION
reads as follows:
These cases come to this court by
appeal from the First District Court at
Ogden City, and involve the validity of
an ordinance of said city adopted by its
council December %, 1888. Elaborate
arguments have been made by counsel
for the respective sides, to which we
have listened with much care and to
which we have given full consideration.
In the view we have taken of the case,
it becomes unnecessary that we should
extend this opinion. The learned Judge
before whom the cases were heard In
the court below has prepared q most
careful and elaborate opinion which,
in our judgment. covers all the points
in the case. With this opinion we are
entirely satisfied and are content to
adopt the same as the opinion of this
court.
The result is, that the judgment OF the
court below is in all things affirmed
and the appeal dism ssed.
Judd, Judge; Sanford, @. J., concurs;
Boreman, j., concurs, except that he
thinks there may be doubts as to
whether sections 14-15 referred to are
applicable to existing cities before they
have taken steps to re-incorporste uE-
DIR the law.
AS IT NOW STANDS,
Judge Henderson in the decision
which was virtually adopted as the
opinion of the Supreme Court, held
that the law passed by the late Legs
lature, entitled, IAN act providing for
the incorporation of Cities" was valid,
but that it could not apply to cities al
ready incorporated unless they rein
corporated under its provisions. In
closing his decision upon this question
he ssid:
Iii plain to me and it must be to
every casual reader of this act, that the
question upon the re-incorporstion, as
to which class the city would belong,
was one of substance. l am clearly of |
the opinion that it was never intended |
by the Legislature that sections 16, II, |
Is and 10 should apply to cities already |
until they took the neces-
sary steps under section to incorpor-
ate.
Sin the argument some stress was |
laid upon the fact that the Common !
Council of the city had already taken |
the steps provided for in section IA to |
haYe the class of the city determined, |
as though it were in the province of the |
council itself to say whether these sec
tions should apply or not. The lam
guage of section IA absolutely Classics
the cities. They stand classified by the
L legislature itself for all the purposes to
which this act refers to them, but for
upon what the Common Council
~ MT Hn n 70 Hin0
sus of the city and ascert aiming the
number of inhabitants they merely
fact which assigns the city
by operation of law to one or other of |
the classes; and when tt ey become rein
then such provisions of
this act are made applicable to cities
and reincorporated under
it as are applicable to it in addition to
those which are made applicable |
whether they reincorporate or not, and |
the sections here in controversy in my |
judgment are among them.
"This b ing the result at which this
court arrives, it becomes wholly i'm
material to discuss the other subject as
to whether this ordinance in various |
other of its provisions is repugnant to |
the Edmunds act or not. According to |
this view, there is no authority in this |
city to register voters in precincts and |
wards, and the plaintiff only complains
that ne has not been registered in the
Second Ward of this city, the registrar
Offering to register him as voter OF the
city at large; and this is all that he is
Q TITLED to-"
WHAT WILL BE THE EFFECT?
Just what effect the decision will have
upon the coming municipal election in
Ogden is, at this writing in doubt. The
Liberals claim that they have votes suf-
g.