The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-02-13
A DECISION REQUIRED.

IHE HERALD does not know what If &c
proposed 10 do in the matter of the two
municipal wards which were carried nv
the People last Monday, the Third and
fourth. In friendly suit brought for N .
soie purpose OF obtaining judicial opinion
as 10 which law the election should be held
unuer' Inc old act Incorporating the citv or
the general incorporation act of 1888 tho
supreme court decided that the new s+o+
uee must govern as to the officials to he
CHOSEN. Inc general officers provided for
are the same in both acts; that is IN COW
mayor, recorder, marshal, treasurer .as'
SCISSOR and collector. Under the old ,o~,.
there were to be elected. in add
ZION 10 the above, an alderman from
each Oh the five wa,ds. and
niue councillors at large. These
were all to be chosen by the general vote
OF the city. The new law abolishes the of
nee OF alderman, and provides for the alec
ZION OF fifteen councillors, three from each
ward, and one justice of the peace from
each ward. The councillors and ins+ioa.
are to be elected by the votes of the 10
spectlve wards, and not by the penero,
vote.
Inc supreme court having decided tbo+
the new incorporation act must govern os
TO the officers to be chosen, it stonne, -.
That point, failing to say whether Or not |
the new law applied as to the manns,.
election; that is to say. whether tho
councillors and justices should be chosen h..
wards, or by the city at LARGO
This failure on the part or %"
court to decide all the cuestions
involved leaves the matter in donbt
IS to who are entitled to sit in the connniI
and act as justices of the peace from two
wards. The Liberals carried the citv and
.herefore take the general offices witbon+
question; they also carried the First Co.
ND and Fifth wards, and of course +bo;u
councillors and justices from these warde
re entitled to the offices. But the Do
les candidates for councillors and iustices
n the Third and Fourth wards raoo;,,os
iaiorilies OF the votes in those wards.
nough the certificates of election have
cen issued to the Liberal nominees nv the c
'tan commission, the board counting all
ne votes cast in the city for the Liberal
In the respective wards.
Inc question involved is one as To tho
luerpretatlon of law and it seems IN ne s
iat IL should be decided at once bv tho :
'urt. such decision, it would seem is Z
ecessary to get rid of the doubt that viii %
'nerWlse exist as to the legality of tho a.
'uncll and the validity of the acts of the
70 justices of the peace, The public
ore than the individuals involved is in
rested in the prompt legal adjustment &c T,
e matter. So far as the Individual GOV j.
dates Tor the Offices are concerned II &c " "
little moment to them personally who L.
all nave the offices, as there is no salary =:
tachlng to the places; nor is if of
'nnentous concern to either of the
ntlcal parties whether the six councillors re
all be People or Liberal, as the latter
IL necessarily have working majority in
council 1t is of Importance, however
every citizen, that the municipal legisla.
e shall be strictly legal BODY. and 81
IL those who act as justices of the neace 81
Iii hold valid commissions. For the nro tiy
ton of the public and to avoid litigation is
future, 1t is TO be hoped that the oues- or
4 involved will be definitely settled of 70
e. In arriving at settlement there =
utd be no occasion for an acrimonious ,
II In the courts, as all parties must he
ally interested in having an an adiust
at.