The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-22
Stephens Views.


Frank B. Stephens says:
Replying to your request that L give
my opinion as ro whether or not there
should be an election for city officers held
! In November Of this year, would say that
under the law, as it existed prior to
March TO- 1882, the election of our city
/ officers was legally held on the second
Monday in February; An act found on
faged z of the compiled laws az Of 1Ss en-
| tenure of Office changes the time Of
holding municipal elections to the Tues
day next after the first Monday in No
vember. There could be no question.
/ about holding an election of city officers
sc November of this year, hut for the
/ fact that section of this act provides
cities of the metropolitan Glass;
! The next question is whether we have
eny cities of the metropolitan class; as
! Salt Lake city one of them?
The act of the legislature of the terri
tory of Utah providing for the incorpora
Ume of the compiled laws of 1888, Prs
Vides. that municipal corporations in TITS
territory at that time existing and these
into three classes; those cities having
10000 or more inhabitants to be known as
cities of the first class; all cities hav-
ing more than 5000 and less than 10000
inhabitants TO be known as cities of the
! second class, and all other cities as cities
of the third class. l find no designation
of classes Of cities, other than the fore
going. Does the term 'tcltieS of the met
ropolitan class mean, and was it in
tended to refer TO, cities of the first class.
of the territory of Utah? The term met
ropolitan city" means, literally, mother
city and the general meaning now given
Applying the rules of statutory con-
struction, we should give meaning to each
section of the statute, if possible so to Go.
Il any meaning Wha tever be given to this
section it would ne that it applied 10
cities of the first class it seems hardly
possible, however. to suppose that the leg
stature would have designated cities of
tan class" the word metropolitan being
nowhere else used in the statutes of the
In constituting a statute. however, it is
our duty TO take into considerations the
circumstances under which the act was
passed. My attention has been called to
was before the legislature there was an
other act under consideration. providing
for, cities of the metropolitan class
metropolitan class" was inserted in the
act of 1892 with reference to this bill.
Taking into consideration that the cir
passed, and the fact that we have no
cities designated as belonging to the
metropolitan class am OF the opinion
islature to make an. exception of cities
of the first class in changing the time Of
election from February to November
The question is fraught with some diff
Guilty and there may be some question
whether any meaning whatever should be
given to section Of the statute Of 1892
hut my opinion is that an election ought
TO be held in November.
Dennis Eichnor's Opinion.
Dennis C. Eichnor, chairman of the
committee on municipal corporations
in the constitutional convention. says:
Shall Salt Lake City elect municipal
officers at the general election in Noyem-
Der next? This question presents two
propositions for solution, VIZ:
First-Is November 1895, the legal time
to elct officers of Salt Lake City, or is
the old law fixing the second Monday in