Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-09-01
WHICH SHALL IT BE9


For some lime past the members Of
the County Court have had under their
consideration the question Of the coun.
~ collectorship, the point at issue
now being whether until June next
l.. q. Hariy,the present collector, shall
retain that Office, or whether a. Il.
Williams, the collector-elect, shall start
In upon his duties before that time. IL
seems the law upon the matter IL, In
substance. that the collector shall take
possession Of his office In the June fol-
lowing his election; but under the
statutes the election " the collector IA
fixed for the cyen.numOorcd year. 10
that the regular election will he next
year. Yesterday Mr. Williams hlei
hir bond with the County Court, In the
sum OF $3.50, 200. and this was approved.
lie argues that the Office should be
turned over to him forthwith.
County Attorney Murphy was asked
TO give his legal opinion on the subject
In dispute, and yesterday prcsentcd the
following at tho County Courts scs-
sloni
10 the County Courl OF Salt Lake County,
Gontlemon-In pursuance ~ your rc-
/ quest Tor an opinion upon the present
status of the lucumbency Of the collector
81 Salt Lake county, would respectfully
submit tho following.
Tho history Of Mr.. 1. G. llardy's
tenure OF the oflcu appears 10 DO ~. fol-
lows On November 2iih, 1850, MIR. ".
| v. Jones, the then collector who had
| been elected tO the Office nj the general
election " 1881, presented his resignation,
both for the torn thon unoXpirod under
his election In 1851. and also Tor tho term
/ to which he had been elected IN 1856,
| which, under tho statute, commenced on
June lst, lcsI, and expired on June l-t,
icQ. The resignation was accepted, aud
ON the same day the County court APP
pointed Mf. Hardy collector for tho un-
expired term, and also Tor tho term com.
moncing June, 1857, aud until his sue
cossor shall bu elected aud qunlihoin
ON June 9th, i.sl, the County court
made an order that ~. v. Jones, the
elected collector, having JAILED to iilc his
bond within the time allowed by law,
Leonard q. Hardy be aud ho hereby II
appointed collector of Salt Lake county
! NMANH VI 1870 W NNN ANtN NNhHAlNN fNANH'NA
by tho failure ~ n. v. Jones 70 iilo his
bond.
Tho statute creating Tor rocfoaiingi the
Office ~ collector approved February 20,
1851 provides "that at the general cloc.
ton In 1873 aud bienninilv thereafter
there shall be elected by the qualified
voters Of the several counties OF the Ter
ritory an ASSESSOR and collector, whose
terms u Office shall DO for two years and
until their successors arc duly elected or
appointed aud quallhed.n
No election was held for collector In
the year. 1855 and 1870, the years In
which undoritho statute an election fni
collector ought regularly IN have been
held, but elections Tor collector we're hold
at tho general election Of lss1, 1850 and
lsBl.
AZ tho elections Of Iss7 and issp Mr.
Hardy was elected aud NJ the election VI
1891 Mr.. A. \. Williams was elected.
The County court appointment of Mo-
yembor - l.si, Was void, ~ Tar ns I
purported TO appoint MIR. Hardy Tor IA,
Term 10 which Mr.Jonus had been elected
Ia 1850. The law regulating the illli : oI
vacancies A. Il existed at the time OF Oh,
appointment was ~ follows:
section 70 OF the act Of February .. Isl
. (Comniied Laws Of Titan, .. ~, section sow
provided "iu ease Of the ONCE OF the Coilec
Tor or Assessor becoming vacant the County
: Court OF the county where aucu vacancy occur
, shail have power " nu such vacancy by Ap
pointment unit the heNt general election
section OF an act OF February Is. is.l, pro
. yidrdi 'in ease ~ vacancy by dehih. rcsigna
, ! uon or othtr disability Of any county or pre-
rinet otilrer except probate Judge or justice Ul
the pelre, made clcriiNc IN any county In thii
! rcrutory, II shall bo the duty Of the County
court In such county 10 an such vacancy bj
SECTION Jof the same act provided IAN on
GERS elected or appointed 10 illl vacancies q
| tsr.gIfEN 4 "a thu auull 10 al
Inc dates Of iboir once. guauty In Tho SAINT
manncT ~ though they had been elected a. aul
general election and shall bold once uutn thi
ensuing general election or uniil tnoir success
sors are elected aud qualified"
The County court Of November, 1850
should have followed the language ofth,
last quoted section. A. made II cnnsti
tuted Mr.. Hardy the legal collector fD
the uuoNpirod term of Jones under th'
latior's election la 1854, which ended oi
June /, 1857, From June !, 1851, Mr.
Hardy a. an appointoO to Ill Nacau
cy, legally held over In the office under
section " the act Of 1855, "until the en-
suing general election. or until his success
sor was elected and qualified"
What ~ tho meaning Of tho latte
+ phrusof 10 IL suggested upon the on
I hand that It, meaning " 'uutil the mex
general election held on AN even mum
? bored year, when In due and uninter
J rup,ed course an election would be hcl,
! for collector under the statute N no va
y cancy had occurred" In which ease III,
I elections Of 1857, 1850 and 1891 would b
void, aud Mr.. Hardy, as an apppintee o
A the County court, would be entitled 4
: hold over under the act OF lssO until tn
general election Of isHl, or until success
d, sor should be elected and qualify.
Hut the language OF the statute II plail
aud unA.nbiguous. IL provides that whcl
= d vacancy occurs tho person elected -
appointed TO M Il shall hold the ollie
i. until the "ousuing" general election,
II the policy OF the law In tile case q
- vacancies In tho elective offices To rcstrI
any provisional appolutivo power With
N ~ narrow limits as public necessity an
y convenience require, and to present {
" the electors an opportunity TO oxorcls
again their choice at the earliest practices
BILE date. In this case no considerable
Of even public inconvenience or publ
economy weigh against constrhctio
J.. which would give the people at the carl
est possible election an opportunity /
q choose n collector, since general clio,
y ilOnn IN held on the fist Monday I
August Of every year, at any OF which
y collector could be olccted with no add
l. tional Inconvenience or expense.
Tho election held In 1887 for collocts
N therefore Ia my opinion 10 be- sustnlna
M valid election, undor the clear la
- plicatiOn OF the statute that such an elo,
+ lion should be held In case NJ atompomr
y incumbency Of the office, and made NJ
l. Harvey the legal collector "until the a
n suing general election In August. 1851
.. or until his successor should DO olecle
and quality No person being chose