Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-09-21
JOHN NJ zANE.

Your inquiry Is whelhera municipal
election Tor Sal, Lnke City can To hell
uudcr Territorial lave, IA The coming
November.
Ascending 10 the original cnaTief,
Sec. 800, Comp. Laws Of 1855, the
election was u te held In February,
1860, anu bienuially thereafter.
Thia provision Seo. 1901, l Comp.
Laws Of 1855, does MT change.
Thou ~ > C. I OF Act found Ia Laws
Of 1892, .. IS, an election II fixed IN
each city Ia November, 1893, anu III.
ennially tAertaltE.
Then by ) g. o u ia enacted that
nothing iu the act last cited thall ap.
Ny 10 citi OF the metropolitan elias.
Tue whole question dep nds upon
what cities o. tho metropolitan class
are. THIS act IL the flIst enactment Ia
Utah Territory that uses tue phrase. IL
IL utterly unknown In PRIOR laws. Tho
Incorporation OF cities cot nj Ste. l729,
l Comp. Laws Oi 1858, divldeB cities
into tifst, second aud Third glasses. Salt
Lake Guy 10 the ouiy city Of the fret
class. IL II alsO the metropolitan city
OF Utah, but the paIaso metropolitan
class does not occur IA that act nj all.
but u court proceeding ON the princiT 10
that all the language OF the act must be
given some mraniDg, n possible, might
hold that the phrase metropolitan class
meant cities OF the itst class, anu
hence included Salt Lake City.
" this be- true, 10 election can 10
held IN November, and none until
Feb, 1886. IL would result that the
last city election, held November, 1893,
was unauthorized aud that the present
city council has no lite.
But court would strain the Lam
guAge a great deal before II would
reach such result A court ought 10
say that this statute has teen con-
stfued as applying W Salt Lake City,
aud election has been held according
10 that construction, officers have hello
under II for two years, and the con-
stTuctlon ought not TO be disturbed.
some color would DO given TO this
construction by section 3 OF the Act Of
1892, which expressly exempts from
an election In November, 1892, thoss
cities which held elections prior
to May, Slst, 1892, and then provides
that officers elected In November, 1862 Z,
should continue In office until Janu.
AIRY, LIST, 1894. Salt Lake CITY was tue
oHly clNJ ~ hutNtI Nub uohCtlplOn VI
a city holding al election 10 1892 prior
to May 8lst. Therefore N the words
metropolitan class" means Salt Lake
City, section 8 OF the same act can
have no force anu meaning. 1t II
smezing that the lawyers In the Legif-
latufe OF 1892 should have reached
such contradictory results, but such
they are. GA the whole question 4
think that the court ought TO hold an
election yaliu, held In November, 1 sos,
but one Judge might hold one way anu
another might hold the exact opposite
II this question Ia got over there IL
no d iHlc 81 y about the officers elected
being entitled. The Constitution pro-
vices that all civil officers shall bold
until superseded by officers elected
under the Constitution. In another
section 1t Ia provided by the Constiiu.
ton that the present laws OF tue Terri
tory are continued IN force under the
Constitution. Holoe 1t 10 appATe Mt
that any officers elected unuet the
Territorial laws would be proper uiii-
GERS TO supersede the present incum-
benip. such officers would bs elected
unter the Constitute Hlecaute tho
Constitution expressly continues IN
force. and gives validity to tie laws
under which such tiiicoIs would br
eleuleu,