Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-09-21
THE CITY ELECTION.
Is Il 10 b L,'lliy Held 10 NOTtm-
Der Mex?
FADING ATTORNEYS SAY YES
Affirmative Position Endorsed iud,ptn'
dent Of Polities--1he Opinions
Filed Today.

tho claim, attributed 10 Mayor Batkini
that the municipal election Tor Sail
Lake City could not be legally held on
the 9th OF NoveTiber next, owing to
esn,enoe In the last section OF the law
Of 1899, cKompllng certain cities from
The operations OF the act. The claim
was that tie Old city ofieon
should hold over, and that tbs
limo for election was in Febru.
airy, 1893. A. the tins for the
November election Ia approaching, tho
question has assumed Importance In
political quarters. To seedfe n compe-
tent legal view for it, party, tho
Oquirrh club obtained opinions from
leading Republican sttorseys. These
were filed today, and are given here
WITH. They were secured late this
afternoon W that but little tif . was
available TO obtain the opinions Of
Democratic attorneys, sincI II was not
ksown whioh Of them hal given the
subj,oIa careful consideration. several
" these were ston, however, with this
result herewith stated where the gen.
tlomen had looked into tho matte.
Tue opinions are ~ foliowG
ARTHUR BRowN.
Sometime sg5 received a request
from you to give my opinion ss 10
whether the city officers should be
elected 10 November, or whsther un.
der tbs new Constitution, In case Utah
was admitted into the Union thoy hold
over. Having examined the COnsti.
tuition In that regard, tho schedule
especially, see nothing TO warrant
any possible inference under any cir
cumstanoes that tho city officers hold
over. l., however, took the tfoublr TO
SAX the Hon. X. n. BAskin and tho
Hon. l.. ID. Hogc upon what ground
they claim that they mold over fof two
yoars. Mayor Baskin pointed TO the
schedule and said that " provided for
the officers continuing until super
sedoj under the new Constitution,
referring 10 section 10. 1 have ex.
aminod carefully that section In reief-
once TO the other provisions In tho
Constitution. | am clearly OF the
opinion that the contention OF tho
Hon. Mayor Bsskin IN frivolous. The
meaning OF that section and the mean.
ing Of the whole schedule Ia that
officers Of municipal corporations ana
MI other organizations existing
under tho Territory shall not 10
at all Affected by the change from Ter.
ritorial to State government. In Arti.
Gle IL, the existing municipal cOrpors-
4.
tho Constitution Ne under the Terri
totial government. In Article ~, cor
poTatiOns generally are continued under
the State as under the Territorial gov
efument Probably Article IL 10 only
drsig ned TO reach private corporations,
but all offices arc TO be elected under
the new NJ under the old. n smother
article all laws OF tbs Territory are
continued In force. IL the time Of
election Of city officers IL 10 November
under the Territorial law, tue officers
elected next November will continue
unaor the Territorial law.I In no man
ner docs the COnalitution change or
attempt TO change the election for city
officers.
In your last communication you
have put another question to me that
-
looking for the law that changes the
time Of election from February 10
Move mbeI. I can bot MD any other
than that Of 1902, page "a. which pro.
yldes for the change OF election 90
that all oities provided for In that act
should hold their elections on this
Tuesday next after the first Mon
day Ia November, 1893. (See dec.
ton ~ Sectiou U says nothing In
this act shall apply to cities OF
he "nietropolitan class." As the
word "metTOpOlitAn" had never been
USED In any Of the previOus acts on the
city question IN Utah, II had no stAtu.
tory definition. What IL meant by tho
word "m.tropolitan" could only be
told by r-frrense TO the dictionary.
WHAT - legislature meant no man
eau ,saasins- We inuIt constfue the
act, hOvsve-, ~ we mud It, and we
must construe \, with Ieferslos TO
what kss been done. Alt,t tho pass
age o. this act, the Hon. M,yor Bas-
kin, ana the other members OF The old
board then In existence In 1892, called
rR election TO be- held in November,
1892, recognizing that act rs In force
Hnd applying TO the City OF Salt Lake.
An election was held In November,
1897, NJ which the present Cou.oll
were elected and Mayor Baskin elected
Mayor. Aud surely this pfetent board
oas not claim that they were illegally
elected, or that November IL not the
p.oper time 10 elect tlicefs. They
nave had tue term Tor which they
yer elected. whsther originally. u
1t WAS u new question woul think
thal they could be elected IN Noyem.
Der or Ia February 10 sLolh"r tnint. l
believe 1t is nOta new question. be-
lleve thrt Tho conduct and corcurrenoa
NJ al TIE parties tas iiAed tue time ioI
the election as In November, aud |
IecGmlnv d to you snd the Republican
party " nut the lest ticket In the
iiell, TO elect them, anu they will take
theif BeAls aud tho courts will give
them their position. In saying this l
do not expTeis any opinion Va to
wheilar tue act OF 1855 superseded
80 prior chpTter IL IL immateIiAl to
yolr question ari reserve my opin-
ion,
JubGS HENDERSON.
Judge II. Z. Henderson gave his
vipw OF tho subject US follows: ~ hAvs
made casual examination OF tho
question, anc viii sSy that ] DO not