The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-08-20
THE ELECTION LAW.
Interesting Questions Rela i've to the Con-
st1uction of the Same.

iutczeStiHg QUESTIONS heii i've W tnt Oon-
st1uction of the Same
To the Editor of THE HERALD:
1 There exists in this part difference Of
| opinion as to the exact meaning of the law
relative to elections and the number OF
county officials to be elected at the coming
| November election. The old statutes, 1855
elected one selectman, and in the year 1885,
and biennially thereafter, two were to be
elected, their terms of office being for two
years.
| Last year at-the August election. 1891
Uintah county elected two selectmen and 8
county superintendent Of district schools
all for the term of two years. The ques-
ton for consideration is: docs the laws
OF 1892, chapter go, on elections, require thai
these offices should be filed at the coming
elecuon-or do they hold over until the
general election of 1893? 2-Was it the in
tention of the lawmakers who enacted this
law to have all county officials elected 81
the election this year2 And does the Law
on elections so state?
For one, | hold that the law is ambiguous
In that 1t does not mention the offices to be
nlied; nor does it say that all the offices
shall be filed. Section l says that ian
election shall be held In November for the
election of territorial county and precinct
| officers, who by law are or may be made
| elective" Tho first part of the latter sen-
tence is plain, as it refers to the old
statutes which would elect this year one
selectman, clerk and recorder, prescott
Ing attorney, treasurer, assessor and
collector. sheriff, surveyor, coroner, and
precinct officers.
"Or may be made elective" is anything
out plain, for by examining the next section
2-we discover "that the official term of
the present incumbents of any OF the offices
mentioned shall extend to The
first day of January. There is only one
Office mentioned. that of collector. Are we
to infer that all q unty offices are to be
nlled because section l mentions county
and precinct officers? The powers are not
SO given.
Let US examine section 5, which reads
"That all acts and parts of acts, in SO far
as they provide for holding elections TO fill
any OF the offices men toned in this act
(other than for special elections to ill
vacancies), or in any manner for fixing the
tenure OF such Offices, otherwise than in
this act provided are hereby repealed"
Had the chapter mentioned the offices to
be filed or used the word all county Off
GERS, it would have settled this point at
least. But it stlll leaves an obstacle in the
way as to the powers of the legislative as
sembly to take from or deprive person of
an Office to which he was duly elected.
For it is held by constitutional authori-
ties that tenure of Office SO acquired be-
| comes the property of the person so holding
it. If this is good law, legally they could
not be deprived of said office without due
process Of law.n
1.-THE organic act'' gives some light on
this matter. l merely quote extracts of
| section But the qualifications of voters
and or holding office at all subsequent cleo
tions shall be SUCH as SHAH be prescribed
by the legislative assembly" This would
possibly give them power. but the next
section, 6. limits the same. "Ihay the leg
islative power of said territory shall ex-
tend to all rightful subjects of
legislation consistent with the con-
stitution Of the United States
and the provisions Of this act
= but the constitution does not deprive
without cause.
Section reads: ''That all townships dis
trjct and county officers not herein other
wise provided for shall be appointed or
elected, as the case may be. in such manner
as shall be provided by the governor and
legislative assembly Of the territory OF
Utah" In my opinion this does not give
our legislators the power to deprive of
Office. nor entail the tenure of Office when
duly elected and qualified.
Mind, / don'L question their right TO pre-
scribe the time, place and manner, or the
right to change the time of elections, as
this is given them in laws applicable to
Utah-section 1S4S-but it certainly is a
question as to their power to divest or de.
prlve of Office one duly elected and quail
lied as prescribed by law. For example
Laws of 1892, chapter As, changes the time
of electing members of the legislative as
sembly from August to November of the
| same year. This does not deprive of Office,
but merely extends the time, and it is the
same in relation to the superintendent of
district schools. (See laws pertaining to
same, chapter So This fills out his tenure
of office and extends the time Some hold.
however, that the Office should be filed at
| the coming November election.
Article 5, chapter so detection OF school
trustees). the law is changed, and makes it
necessary 10 elect three trustees in each
school district at the coming election to
hold for the term Of one year BY the old
law one should go out where there are no
vacancies-but at the general election in
November, 1893, There shall be cit cted
three trustees each for the term of tw O
years" The time, place and manner are
all right, but the tenure Of Office is the vital
question.
Now out of all this mysterious uncer-
tainty can you. through the columns of your
paper, set US right on this subject Of cleo
tons and lead US to q just and peaceful
solution of this questions Are all county
offices to be filed at the November cleo
tionl If not. what ones are!
r. c. CAMP.
VERNAL, Utah, Aug. To-