Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-02-17
TIE ELECTION CONTESTS.
The Fourth Freelaci Case Before
'sage zaHe.-ProrO ceatasa
THE - - -,

rot issued certificates Of clectioa q
the Peoples candidates for iustie
OF the peace and counciiu:el
In the Fourth Precinct. q
they hal received = aaioriy cf ID
votes there. This case invci.,s
construction OF Section Z. srfief
VI, OF the municinal iregr,rorst;o,
law, upon whic,l taeee i,avt. ,,I-,.-.,,
been tN7o decisions. cre fb,l
was the Ogden case. Ga TeSe ,-'.o-
the quS stion afos's- ga o. whe;se
that monicia s.iy should hold II.
cleot'gn Under the naW law rersrre,
=, or lis OLD charter. and IT,. co.,
decided that the nev l,.
GU not apply. The OK.
1eeislou Was in regarf 3,
salt Lake City. Wien a..
court ruled that tie law was a,.,'i7-.
able 10 salt Lake rs tD.th.- ar. -.
20 oc elected, that being the oaIy
question al issEe. Nov comes lie
question rs 20 whether tie onicsr.
designated in the new Lac sis5lI h.,
elected from werds. as pr.S..r.l,.-l
therein. Following Is the section
referred tos
There shall be elected "a ALI ~ ID.
critics .. tins Territory iLa foliowiu..
oincers< IN cities u the frs. CAS-.
MSyor, elective a., larrc. and rlfre.
Conncilmen from each munfar.s5
ward. In cities OF TIE SECOND 'c..ea !
mayor, elecieda II large. aud t,-s COM.
S4iAieA from each wrtrt. 1u cIle- sl
me illrd ciss-, Mayor and S=rru
CotiiaSi - elected o; large; and fu
sisiLion there shall Be- eiec.cd in al ii
SAID cities Recorder. Vreagur-
or, Assessor ami Collector. No.
shal, and in cities Of Tie Hr..
ana second class, Js-.Ice ~
the Peace from each muniipsf
ward, and incities of the t..-d c..iss
two Justices % the Peace. 10 be eioc-si
al large; Er0ridci That la the case a
an incorporated city IN whi-h. r.. the
Time Of the passage % tbis act. Che
members Of the Board OF Aldermen o.
Coullci are elected from districts az
wards, the provision n this section
shall not sep.y, Hor shall this nc. III.
any manner interfere with the eri. .in--
qualifications OF electors or officers. or
with The manner OF selecting the s.7f-
GERS"
To The citation t-r Secretary s-uz
to show cause, hisattorneys, Mess.
Dicssonand Mcbride er as>-l :. de-
murCcf. Sir. Dickson made tH-
irst argument, which was very
brief. He claiMed thas man =
mus proceedings were not the f.-.-
per course To pursue in The ctse and
insisted that the Orirn decision
prec.uues the CHIEF Justice frauc5.-
sideriug the present case: his rG.s-
ton was TINT Judge zane was
bourt 10y the Ogden dgcf-:or
Il IA extent that he coulI no:
hear ald determine the issue
presented here. Mr.. Dickson M
tsrej into no discussion Of tine =erlts
of the case.
lie Grand Young followed. His
position IVES that the remedy was
proper rs 70 the issuance oT the Ger
titcate Of election. This would NOT
determine tue right % the title. Tag
certhcate was i]Ts7lz .fgfs evidence
Of the right 90 hold the oa;ec. H,.-
lis issue did not prevent ta-g-Har
party from making n c1ule-t. Tho
return, showed that certain bar.
sons in the precinct haI re-
eelved q majority OF tie vote,
cast IN the precinct. Th- c8J-.
asked 10 direct the eecaetlrt-. rs
canvasSer, 10 issue a cef1Hcate 10
those having t8e minority. and 81.
there was airy contest, tia. coul4 be
made in the Regular maln-r. Mr.-
Young discussed the ay- p.lvdisu
for the Incorporation OF eiles. aal
showed how Judge Henderson S
opinion was inconsistent wItu i.se.f.
and was opposed 10 the more resent
decision oil the Territorial S.rreme
Court,
f. :. Richards took thc Fo-
siti0n that the ogden decision Tl-
nos authority ia the present case, %
the issues We're eulrciy uiiicr l-- il
did not cover the point G., issue ll
the present proceedings, ana was
only bipaiug rs 10 lue question
RAISED IN tie other ease. lt was tae
evident intention Of tie statute O.
make 4 new set OF officers, alt- o. ale
low their election from municipal
wards. 1t was s,Taiueli c1as-5I--
ton 10 say thotths officers shgIld he
as provided b. tae mes iaw, uu.
should not be elected IN tAe way
the new law presguHes. such q
separation made the la% cuE.l-lie-
tory, while the other position wl3-
it harmonious The supreme LlIu
had decided that in Jh1>t.,,r or Sl-l
Lake City the Ufii GERS we.e ciIau-c..
anu it should follow as q lsuse-
quence that they should be- elected
from wards, n the law directed.
The provisO related only % ci-
where the board e.. lll--ll-il Cr o. )
council were already cies;-. l.1.I
wards, aad wiki the manner o.
selectiug-noI eicctin--uIIcgls gy
the city council.
Judge Mcbride closed. Ee
claimed that the action lt The scelt-
tary could nos he ia;erierei Ni,u, -s
he acted in a Judicial capacity
Judge Zane inquired whether 10
was meant that the calvaszlu-
beard, in which capacity the --e.e-
taEy acted, could not be LiE-ct,-I ly
the cnuft.
Judge NIcB lie then corrected
himself, and 1t ted that tie secre-
tary hal discretion JOB tle maIt-r.
Judge Zane again asset u Use
discretion vas slel that the ,Jult
could not direct him 10 isrf. ths
certificate ID Sac one IEl-l ;a,
court had aS,=f..ined Eas entitled
to it.
Judge Mcbride again shifted his
position aui asserted that .l- Ula-
vasser was not u c0uiiuuiuE llie..e
bat had discharged his duy @hea
he Issued the ce.Gf,Iic; ih3t his
act was conclusive, anu he could NOT
be required 10 chlage.
Air. Richar3s took Up this Vrop3-
sition, ami pointed GUS ,lltthe cln-
vas-eT's Gusy WIS mol DISCHARGE
until ne gave tiiC certificate - lI,
proper person II lie issued i-t51ue
who had no title. he did not perform
his duty, and could BE- required uf
the court To proceed according totle
law.
Judge Zane ANNOUNCED that Dr.
would decide the case tomorrow
morning.
TIE PROVO CONTEST.
While the Utah Commission de-
ciGed tina: they would not consider
the question as 90 whether or not .
Hon. John T.. Booth Vas a poir--
amist, in the matter Of the c3utas
over his election Is may0r u Provo.
they did agree op. Saturday after .
noon TO withhold the certificate az
election until after the matter was
ruled on 10y the cguruS whenever I
that may be. The same position
was taken with regard TO the cues
ton as TO whether the election
should have been for aldermen or
justices Of tie peace. Following Is
the commissions queer ruling:
''Sllt Lake City, Feb. j.. $50.