Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-04-20
THr SCHOOL bonds ELECTION
DECISION.

prone Court IN the case involving the
right Of the Utah Commission TO take
charge OF the school bond election, II
important ~ affecting not alone school
matters, but other political interests Of
the Territory. The extremely light
vote cast at the bond election indicated
n popular belief that the interference
Of the Utah Commission with. II rcn.
dercd II invalid, and that the courts
would pronounce II void. II was ox.
pcctod TINT Judge Andsr-on's decision
would 10 reversed, tut II was generally
believed that the ground Of the
reversal would be the PROPOSE
ton that school elections are not
public elections, aud ar. not included
within the meaning Of that term as
used In the legislation Of Congress;
aud that they have rather the nature
Of elections by stockholders OF corpor-
ations.
Judge Anderon's decision was re.
ver.cj and with considerable cmpha.
Wis, but not upon that ground, the
opinion Of the Territorial Supreme
Court containing scarcely u distinct
reference to II. Hence tho question
whether or not school elections have
ever beon Of sort that properly comes
under the supervision Of the Utah
Commission has not been passed upon
by that tribunal.
The principal reason why Judge An.
derson's decision isoychurn.d IN q new
one; nj least Il has not, y, far as our
observation has extended, been sug-
gcsted by the pres, nor discussed
among citizens. Its this: The Ed
munds law authorized the Utah Legis-
la,ure To pass laws providing for cleo
tons, aud rs soon ~ that body should
do this, the functions Of tlA Utah Com.
mission should ce,re. The Legislature
has passed law providing for school
elections; hence the functions Of the
Utah Commission have ceased NO far
as school elections are concerned.
m. ,.,,..l tn.,,.noa "a ha, no
M ,,'.s''.,'.,,,' h.. ,.n,t,. :. az
with any election provided for by
'e''''.'',, 49, A.. y',..' ~ ~.
80 " ,a. 49,, 4, ,."a,'s',,a..,I,,
p,ViY-'''s" -. !" 49, ia.
n,',, 49,, ~, -. -,
" Wv 80. ''' n.y. s.',,. 80 80.
I'V,N ~, 81"
s"'0" '"' "' '" WV
~
one result oil TINS uecision WIN oe 'h'
'o"'i''" 'e'',"'0' ~ Wv ~" NV''''
mission from 'ooai so''oo' ''eo',ons' W.
cluuing schooi trustees, sehooi poari'
In cities, elections IN regard 10 bonds
etc. Hereafter all these VIII he held
under the auspices OF local o'ieefs' ~
provided III inc ietri'otiM sohooi ih"'
ms ueo'sion woes NOT s''y "n.'her
schoo' oleeuoh u Ut N ho' m ELECTION
.
Bto" j" ~ ho"o'''i !" hhrinonl
WIN INC contention OF couuse' ior uh'
Appellant M'ss'S' 9u'n'''hhu " 'uuu
VINO utseu uia' SENIOR e'eu'ons ~'r'
never intended 10 oo ihoiuueu III 'hos'
over when inc o"h commission wer
gwen supervirluh' nut u IL was IN
intention OF INC court 70 sustain thi
doctrine, anu tue consequent one Una
school elections are purely local aiialr-
TO he conduc'eu unler local iaws AM
regulations, II Is not clear why the las
sentence was auueu, Whioh feads u
iollows'
"And We further hold that the luullh
cations OF voters must be determined b.
the laws Of tho United States when an!
oonnic, arises between ,hel'' ana TIE law
enacted oy 'no ie''''o''"' i'oR'''''"'e''
There is just Ms much reason VIII.
the local law should govern In respec
TO the qualifications OF voters at
school election, AZ there Is for holdin
that the latter is not a public electlo
within the meaning OF eongressiona