Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-04-18

In the use Of the language ,'all the
registration and election offices OF
every description In tho territory o,
Utah are hereby declared vacant" ulu
Congress Intend only such M wefe
then In existence; or did II nlso mean
new election Offices created by Legls'
laturc chosen Mt an election held ny
vltled In tho sections Such u begis'
laturc eight years after the Ninth sec
tim took effect provided for the crch,
ton Of the corporation called the bOaru
OF Education Of Salt Lake CITY anu
gave Il power 10 call elections, TO vot.
on the Issuance aud sale ~ bonds anu
10 appoint judges thereof, AMI To re-
celve aud canvas the returns; such
board and theJudgcs appointed ny u
were given all authority necessary 10
such election. II the power given anu
the duties specified with respect TO
such elections constitute election
Offices, then they are new ones, anu
of n Corporation brought Into existence
eight years after the act Of Congress In
question took effect.
At the time the act Of Congress
under consideration took effect cleo,
ton offices existed ia the various
counties aud municipalities In this
territory. A portiou Of The LANGUAGE
OF the fist sentence OF the Ninth
section considered alone would Indicate
an intent TO empower the board 10 ap.
poin, persons 10 execute the duties ~
election offices that might aftei-
wards bc made, ~ well ns
those then existing. But the
other language connected with this
found In the section declaring the OF
fees vacant aud giving the Board the
power to appoint until other provision
he maize by the legislature for I'll ling
the Offices DECLARED vacant and re-
quiring the performance 10 be under
existing laws should be considered
with II.
The offices which the Board, known
as tho Utah Commission, was author
lied aud required 10 appoint persons TO
execute were those offices which the
legislature was authorized u provide
by law for iilllng, and they were the
ones made vacant by the first clause OF
section nine.
The election Offices created by the
legislative enactment OF March Ord,
1880, were not made vacant 10y the
ninth section " the Act Of Congress OF
March 22nd, 1882. The latter section
was designed to vacate the offices then
la existence, not 10 prohibit any legis.
laturc whose members might bc select
ed at elections conducted by persons
appointed by the Board from making
laws by which such vacant offices
might be filled.
The persons filling the election offices
NJ the time tn. Act OF Congress took
effect werr deemed unsuitable, and the
laws for filling them, then In force,
were believed 10 be Objectionable.
To remove and replace such insult.
ablc election offices and to render mug.
atory such Objectionable. laws was the
purpose II section nine. so far that
section evinc,d an intention 10 deny
10 the people Of the Territory To which
II applied, for time, the right to have
their election offices filed by per-ons
selected by them, or the right through
the legislature To provid-.by law for illl-
Ing them. Only 10 that extent does the
section limit the political action
Of the people Of the Territory
or the political action OF the
counties or other municipalities In It's
borders with respect 10 their local nj.
fair. Doubtless the belief Of Congress
was TINT tho public good demanded
that the people u this Territory should
for time be deprived ~ far Of the
principle Of local self government en-
logged by the citizens In the other
Territories and In thc States.
A law denying 10 tho people OF one
territory privileges extended 10 all
others should be strictly Construed.
We are OF the opinion that the Sec
tion above quoted did not give the de-
Pendants the power 20 call the election
10 vote on the issuance OF school bonds
aud the sale thereof or 10 appoint the
judges of such election or TO receive or
canvass the returns.
Reference has been made 10 Section
% Of an Act OF Congress In force March
ard, lss7. This section IN effect merely
requires the Mws enacted by the Terri
toTinl Legislature mentioned In the
section above quoted TO be- approved by
Congress before taking effect.
Our attention has also been called TO
an irreconcilahlo repugnancy between
certain provisions Of sections 100 and
lO3 OF article 10 Of an net OF the Terri
torial Legislature, Session Laws 1890,
p. lbs, relating 10 elections 10 deter
mine whether bonds shall be issued
ami rold; and sections 100, 100, l2s aud
l25 OF the came act. Tho two sections
first mentioned contain among Others
the following provisions that "Ffteei.
days before AN election for schoo,
trustees for tc'yuig tojhs, for roting on
The Issue ~ bonds, OF. for any other plr.
pose named h, Me article, the
City Council Of the several
cities shall appoint from each
municipal ward three judges
OF such election. These sections also
require the elections 10 he held IN the
municipal waris Of the city at the
tsuc aud place designated In tho no.
tice."
Section 100 provides that tho Board Of
Education may, when In their Judg-
ment II il advisable, call n meeting and
submit 10 vote OF the district the
proposition TO issue and sell bonds TO
raise money 10 purchase school sites,
and to purchase or build school houses.
Sections l23 and ia are rs follow:
"The meeting provided for
shall DO called by publishing n notice
signed by the president and clerk Of the
Board OF Education Such
notice shall contain: First, the time
and place OF holding such election.
second, the names OF three Judges TO
conduct tho same; third, the hours
during the day (naming not lcss than
eight hours) for which the polls viii 10
open; fourth, the amount add ,lenonni-
nation OF this bonds and the rate OF in.
terest, and tho number II years (not
exceeding twenty the whole or any
part OF said bonds are 10 run; nth, Tor
what purpose II Is proposed To Issue tho
bonds.