The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-04-19
SCHOOL BONDS CASE
The Board of Education Should
Control the Election.
JUDGE ANDERSON REVERSED
BY the Supreme Court Observation-Disclosures
Election Win Have to be Held-The
Commissioners Court
JUDGE ANDERSON REVERSED

In the supreme court yesterday, Chief
Justice Zane delivered the following opin-
ion in the case of the Board of Education
VS.. the Utah Commission, reversing the de-
cision of Judge Anderson:
This was an application based en- an
affidavit of Richard w. Young, member
of the board of education of Salt Lake city,
for writ of prohibition against the de-
PENDANTS, prohibiting them from publish
ing a notice of election to decide upon the
issuing and sale Of bonds to raise money to
purchase schoolhouse sites and for buying
and building Schoolhouses, and from ap
pointing judges to hold such election, and
from receiving the returns thereof.
1.-The district court held that upon the
facts stated in the affidavit the law did not
authorize the issuance of the writ. and the
plaintiff appealed to this court.
1.-The fifteenth article of the act of the
legislature providing for uniform system
of free schools throughout the territory, in
force March ID, 1890, makes the school
trustees of each city of the first and second
class, together with the mayor thereof, a
body corporate, and invests them with the
powers deemed necessary to establish and
maintain common schools in the districts
embraced in such cities. The city of Salt
Lake belongs to the first class. This board
is in terms authorized to call elections at
which to determine whether bonds shall be
issued, to give the notices prescribed, to
appoint judges to hold such elections, aud
to receive aud canvass the returns thereof.
Notwithstanding the provisions of the
aw referred to, the defendants issued the
notice Of the election mentioned in the appli-
cation, appointed Judges to hold the same,
and required the returns thereof to be
made to them as such board. Had that
body the power to do so? To answer this
III haoomas 70 ipt
section nine of an Act of Congress ap-
proved March %, 1882, known as the Ed
munds law. That section is as follows
That all the registration and election of
fees Of every description in the territory
of Utah are hereby declared vacant and
each and every duty relating to the regis
tration of voters, the conduct of elections,
the receiving or rejection of votes and the
canvassing and rejection of the same, and
the issuing OF certificates or other evidence
of election in said territory, shall, until
other provision be made by the legislative
assembly Of the territory, as is hereinafter
by this. section provided, be performed
under the existing laws of the United States
and said territory by proper persons
who shall be appointed to execute such of
fees and to perform such duties by board
Of five persons to be appointed by the
President, by and with the advice and con-
sent of the Senate, not more than three of
whom shall be members of one political
party; and majority of whom shall be a
quorum. The members of said beard SO
appointed by the President shall each re-
ceive salary at the rate of s., 900 per an
mum, and shall continue in Office until the
legislative assembly of said territory shall
make provision for filling said offices as
herein authorized. The secretary of the
territory shall be secretary of said board,
and keep journal of its proceedings, at
test the action of said board under this
section. The canvass and return of all
votes at electors in said territory for
members of the legislative assembly there
Of shall also be returned to said board
which shall canvass all such returns and
issue certificates of election to those persons
who, being eligible for such elections
shall appear to have been lawfully elected
which certificates shall be the only evidence
Of the right of such persons to sit In such
assembly: Provided, that the said board
of five persons shall not exclude any per-
son otherwise eligible to vote from the polls
on account of any opinion such person may
entertain on the subject of bigamy on
polygamy, nor shall they refuse 10 count
any such vote on account of the opinion OF
the person casting it on the subject OF
bigamy or polygamy; but each house OF
such assembly after its organization shall
have power to decide upon the elections and
qualifications of its members. And at OF
urSI IucebluS VI SQcD legislature
assembly whose members shall have been
elected and returned according to the pro-
visions of this act, said legislative assembly
may make such laws, conformable to the
organic act Of said territory and not incon.
sisnent with other laws of the United
States, as it shall deem proper coucernine
the filling of the offices in said territory de
clared vacant by this act
"The connection of the provisions of this
section bearing upon the question under
consideration will be more apparent il
other portions of it are omitted. Without
such parts the secJion would read: CAL
registration and election offices :
are declared vacant and every
duty relating to registration the
conduct of elections, the receiving of votes
their canvass and return, and the issuing
of evidence of election shall, un-
til provision made by
the legislature as by this section provided
be performed under existing laws
by persons appointed by a board
of five persons - who "shaIl con
tinue in office until the legislature
shall make provisions for filling said Offices
as herein authorized. Said legislature
may have such laws as 1t shall deen
proper concerning the filling of the offices
declared vacant by the act.n This
section declared all the election offices in
the territory vacant and provided that the
duties belonging TO them should be dis.
charged by persons appointed by the board
until legislators chosen at an election held
BY such persons should enact laws b,
which they could be filed. The board was
authorized to appoint persons to execute