Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-01-13
WHICH LAW is 1T?
The Supreme codrt will Decide the
Question.

nASlueI Lne law OF 1888 can go Int
{ effect without some action on tn
S part Of the municipality. The chair
D men OF both the "Liberal'' an,
! Peoples committees are Of the opin
E ion that the old statute should gov
ern, but other eminent members o
the bar think to the contrary. TIL,
leading lawyers are about equal,
divided, so, to settle the matter, /:
case has been made for the court I,
consider and determine whiel
, course should be pursued. Follow
ing is the petition filed this after
noon;
Territory Of Utah. La he SUpreni,
Court Of Utah Territory.
To the Honorable Supreme CourI
Of Utah Territory:
The petition of Edward NJ. Bynou
respectfully shows unto this Honor
able Court that he is a citizen.
above the age of u years.
OF the United States Of Amer.
lea, residing in the city OF
salt Lake, in the Territory Of Utah,
and that he is aduly qualified regis
tered voter OF said city, and rs such
is interested IN the due execution OF
the laws relativeb elections.
That Henry Page Is the registra-
ton officer Of said Salt Lake CITY.
duly qualified and acting rs such.
That on Monday, the 10th day of
February, lSep, the biennial munich
pal election Ofsaid city occurs, when
the various city om-ers for tie en-
suing two yeGs IN required to be
elected and chosen.
That your petitioner is informed
by his counsel and verify believes
the same to be true, and therefore
charges that at the election 10
he held on said 10th day
OF February 1890, there are
no alderman In said city 10 be voted
for or chosen, and that the said
officers to be chosen ON said day in
accordance with the statutes of the
Territory Of Utah are one mayor.
hiteen councilmen, three from each
OF five municipal wards of said CITY.
one recorder, one treasurer, one
marshal, n assessor ami collector.
and n Justice of the peace from
each of said municipal warts or
precincts, all Of whom are 10 be
voted for by the duly qualified
voters Of said city at large.
Your petitioner further shows that
ON Monday, tine 18th day OF Janu-
airy, 1893, the said Henry Page.
registration officer as aforesaid,
posted 4 notice of said election, in
words and figures rs follows, tO-wit:
NOTICE.
Notice is hereby given that am cleo
ton for n mayor, five aldermen,
mine councillors, one recorder, one
treasurer, one m rshal, one assessor
and collector, will commence at Salt
Lake City. Salt Lake County, Que hour
after sunrise ard continue until sun
set. on Monday, the 10th day Of Feb
ruary, 1890. Date at Salt Lake City on
this 18th day Of January, 4. D. isgJ
Henry Page, registration officer, Salt
lake City, Salt Lake County, Utah
Territory.
Your petitioner further shown that
according TO the statutes Of the Ter
.itory Of Utah, # becomes and Is the
duty OF TIE said Henry Page, regis
tration officer rs Aforesaid. to posi- UP |
IN at least three public places in each
precinct Of said city, a notice which I
shall designate the offices TO he filled, |
stating the time at which the cleo
ton shall commence, the day and
the honr, and that under said provis-
ion Of the statute il became and is the 4
duty Of said Henry Page 10 post. al
least fifteen days before the election. .
notices announcing that at the com.
ing election, on February 10th, 1893. !
there will re elected fifteen council
men, as ~sfoUsaid, one mayor, one
recorder, treasurer, one marshal
one assessor and collector. one JUS
tice Of the peace, from each Of the
five precincts uniting from said
notice the mention OF the election of
any aldermen.
Your petitioner further shows that
upon learning that the said Henry
Page, rs registration officer. had
posted, as aforesaid. a public notice,
relative TO said election, that dill not
comply WITH the provisions Of said
statute, your petitioner, rs he law
might demanded Of said Henry
registration officer, that he
forthwith post 4 notice, calling for /
election Of fifteen cottucilmen
and five justices Of the peace, in ac-
cordance with the plain pro-
visions Ofthe statutes Of said Terri
bat that he, said Henry
then and there absolutely and
Inqualiiedly refused TO post the
slid notice, rs demanded by your
petitioner, and insisted and con-
ended, and stillinsists that there are
)nly nine councilmen TO he ele.ted,
and that fvealdermen are alse 10 be
NJ the coming election.
Your petitioner further shows !
having no other specific Legal (
,emedy, and therefore being unable
o obtain adequate legal relief with
,ut aid Of a writ Of mandamus, he :
therefore prays that a writ of manda- {
nus issue TO said Henry Page, regis ,
ration officer of Salt Lake County. {
commanding him to post, in three 5
places in each of the five q
precincts Of said city, a notice to the
fleet that on Monday, the 10Th day (
Il February. 1890, an election for
me mayor, fifteen cOuncilmen. one +,
ecorder, one treasurer, one marshal, l
ne assessor and collector, and five d,
Justices Of the peace, will commence =
t Salt Lake City, Salt Lake !
Utah Territory, one
Jour after sunrise, and continue un- :
sunset Of said day; and that your Z
may have such other and ,
urther order in the premises as I
Justice may require.
EDWARD NJ. BYNoS. U
J. r.. MCBRIDE, ,
7. l.. WILLIAMS, :
WV. II. DICKSON,
Attorneys for Petitioner. i
Judge o. w. Powers appears on ]
Of Col. Page. He interposed
demurrer on the ground that the a
etitioner had made no case. ami c
he arguments commenced this at
ernoon about the time the News
vent TO press. q
Gone to Rest. +,
In thu issue is an announcement .
T the death, which occurred yes !
of Sister IabeIla II. Hunter, /
n old and faithful Latter-day Saint.
he Joined the Church ip her native J
Of Paisley, Scotland, Il years =,
go, and has been widely known by !
ne Saints in that land and the =
.lders from Utah as a kind and in l
illigent woman. Since her arrival ;
ere she made many fresh friends
= her genial and straightforward =,
avs and strict adherence to her I
ieas Of duty. !,