Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-01-21
UNDER THE NEW LAW.
That is How the Next City Election
is to be Conducted.
THERE WILL BE NO ALDERMEN
Bu; Three CoEneIirnea aatI a Iusiire
10 Each Precinct.

Following is the full text Of the
opinion Of the Territorial Supreme
Court, delivered today, and deciding
that the coming city election is 10
be conducted under the new law:
Ia the Supreme Court Of Ctzh Terri
tory.
The People or rel. Edward 81.
Bynon vs.. Henry Page, Registration
Officer, Salt Lake City.
Petition for Writ Of AIandate.-
Original Application.
BLACKBURN, Al:
This is petition 10y the plaintiff
for percmptory writ Of mandate, to
require the defendant. Mo Is the
proper officer to give election notices
for the coming municipal election
in Salt Lake City, TO put notices of
said election, stating among other
I things that there will be chosen by
the qualified voters az said election
I fifteen councilmen, one mayor. one
I recorder, one treasurer, one marshal
and one assessor and collector, and
one justice Of the peace for each Of
the five precincts OF said city.
This involves construction of a
portion of the act of the last Terri
tOrial Legislature, entitled. can
Act for the Incorporation Of Cities. -
The purpose Of that act seems
threefold:
1st-Ho incorporate new cities.
2nd-To provide n mode by which
cities already organized can re-
incorporate under this act.
3rd-To apply to cities already in
corporated certain portions Of the
act as amendments to their charters,
without re-incor,oration.
The question missed by this peti-
ton is: Does this act require that
the officers provided for in It shall
be elected at the coming municiuaI
election in Salt Lake City? Or.
shall the officers provided for in the
charter of said city be chosen?
L think the officers provided for
in this act are hereafter the proper
ones to govern the city.
Section II, Art. 1, by express
words, applies to cities now organ
lied, and provides that they shall be
divided into three classes: all cities
having a population of twenty thous-
and and over shall belong to the
first class, ETC.; other portions OF the
act point out the way any city may
determine the class it belongs 30:
but the mode mentioned in the act
is not exclusive.
IL Salt Lake City has in fact a
population of twenty thousand or
over, and the court can judicialIy
know that fact, il Is a city Of the
fiust class, whether it takes any steps
10 ascertain that fact or not. Courts
take judicial notice of all the political
acts of the government. The census
OF 1850 shows this city to have a
population Of over twenty thousand:
and that is political act of which
the courts take judicial notice.
Therefore, / think Salt Lake City, |
under this act, is a city OF the first |
class, without anything done on its |
part. +,
Again: Section 3 Of Article 90 ex-
pressiy provides that section / of
article 6, among other provisions of |
this act, shall apply TO all cities al
ready incorporated. Although there
is no repeating clause in this act, yet
section ) of article 90 has the effect
70 make these several provisions
TO the charters OF all
cities to which they are applicable.
Section l OF Article provides that
the officers of cities OF the first class
to be elected by the people shall be
three councilmen from each munich
pal ward, a mayor, a recorder, a.
an assessor and collector
and a marshal.
Another provision Of the act pro-
vides that cities OF the first class
shall be divided into five wards, anu
that one justice Of the peace shall be
elected from each ward. Both
parties having appeared and this
application argued at the hearing,
there is no need OF an alternative
writ. Therefore the peremptory
writ will issue as prayed for.
We concur. Zane, C.. j., Amber
son, A. J.
Judge Henderson was absent at
he hearing OF this case, and took
no part in the decision.