The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-20

THE COMMISSION TO BE ENJoINED.
Mr.. Pike then offered the following
resolution.
Whereas, This board has for some time been
considering the advisability of submitting to the
people of this district the question of voting for
The issuing OF bonds for the purchase of school
sites, school buildings and furnishing the same
and whereas this board adopted report OF the
finance committee on this subject and referred
the preparation of call for the meeting to vote
on the question of issuing bonds te the presi-
dent and clerk of this board with ATTORNEY p, L.
Williams, associated, and
Whereas, The last.named parties without re-
porting to this board, or receiving an order from
this board 80 to do, submitted said question to
the Utah commission, who thereupon under
took TO issue a call for said meeting, and ap-
pointing day therefor and stated in such call
what the purposes Of said meeting were and
have published the same in the daily papers
and
Whereas, serious doubts arise as to the va
hdity of such acts and that serious and embar-
assing questions are likely to arise as to the
legality OF any bonds that may be authorized
and issued, and the probable refusal of capital
lists TO invest In such bonds, thereby delaying
the procurement OF the money needed for the
construction of school buildings and purchasing
sites, etc. and whereas it is our desire to act in
harmony with the law creating this board and
proceed in accordance with its requirements so
that no legal questions may arise concerning
our acts, therefore, be II
Resolved, That all action taken by this board
relative to meeting of the taxpayers to vote
on the question of Issuing bonds be and the
same is hereby rescinded and made void and
that we dlsavow all responsibility of the meet
ing called for the registered voters TO take
place on March S0th instant, and that
all questions pertaining thereto be
again referred to the finance committee
with instructions to report at an early date
call for meeting of the Taxpayers of this dis
trict, to be held at such time as the board, [ Y
resolution, may authorize, and to further reporo
all proceedings necessary for this board to
take, under the law, pertaining TO the issuance
Of bonds, and that SAID committee be authorized
TO procure such additional advice as their judg-
ment, might deem best.
Mr. Pike said there were three questions
involved in this matter: first, the legality
of the bonds; second, the right of the tax
payers who are not registered voters to
vote at this election; third, the authority
of the Utah commission to assume control
OF the election. He did not believe the
commission had the right to step in and
take the control of the election out of the
hands of the board, and he thought it would
be perfectly proper for the board to take
such action as would test the matter.
Mr.. Young said he quite agreed with Mr.
Pike as to the necessity of getting right on
the matter, If there had been anything
wrong. 1t was true, that heretofore the
Utah commission had not interfered in sim
liar elections here, and if it had the power
to control the election in this district, it had
the same authority with regard to every
district in the territory. If it should turn
out the board had acted illegally, it would
certainly be very humiliating
Colonel Nelson said that the law had
been fully complied with and he thought
it would be foolish to adopt this resolution.
which would throw dirt on everything the
board had done. The question had been
carefully considered by persons competent
- s,,l1 at ,,,l h.
accordance with their views. He thought
the board would stultify itself by adopting
the resolution.
MIR. Piper said the quest ton now was
whether the matter should be left to settle
itself or whether the board should settle it
one way or onother. Ogden proceeded
without consulting the commission and was
finally intercepted by the commission
which took charge of it. 1t seemed to him
that after INDUCING in Rep Van Wrinkle
sleep OF eight years, the commission had
suddenly awakened to the fact that it
should take charge OF the school elections.
II this was an election as contemplated by
the Edmunds Tucker act, then he believed
the commission had authority to take con-
troll of it. He was in favor of the bonding
from the word go, but wanted to see the
board proceed properly.
Mr.. Pike suggested that the board could
take action to find out where it stood.
MIR. Young said he didn't think there
would be any satisfaction in adopting the
resolution. He didn't wish TO be party to
an election which would be illegal, i'm
proper and Intellectual. He did not see
why the board itself should not eni DIN.
Mr.. Piper said the effect of adopting this
resolution would be to repudiate the action
of the commission, and after all, the COM
mission might be right
Mr.. Young then submitted the following
report. which was adopted, only Mr.. Pike
voting againstlt:
Whereas, the right OF the Utah commission to
manage or control the impending election con-
corning the issuance of bonds is, under existing
laws. involved in some doubt, and
Whereas. The interests OF the schools demand
that 1t should be speedily and authortatively
determined whether said election should prom
erly be held under the authority of this board