Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-14
The COUNTY COURT.
OPINION by rnECOUSry ATTORNEY
An Addition 10 tho Previous lis. Of
Applicants for Positions Placed
on File.

Geddos, Chrlslophonon ami Roberts
were also In their places.
JUSTICES AND COEsrAuIrs.
The most important matter presented
70 the court during the forenoon, and
which occupied most Of the time up TO
the noon adjournment, was report
rom County Attorney Whiltemore in
regard 10 the proposed removal OF Ger.
tain Justices Of the peace aud con.
cables, mentioned IN the NEWS a fow
Gays pgo. The opinion OF the county
attorney ran 40 f0llowG
"lu reference to the petition Of W. ).
Harvey ct al Tor the removal OF certain
iustlcea OF tho peace ana constablrs
heretofore appointed by this court, and
IN accordance with your request Tor On
opinion A. 20 tho validity OF such al.
pOintments, and the power OF this courl
over the officers 20 appointed, 10 r..
move them u deemed advisable, beg
leave 10 report no follows!
I'm examining the laws Of Congrofs
applicable to this Territory uron the
subject Ol luaticeB OF the peace hud
tue following PROVISIONS Section 1866
u the revised statutes OF the United
Siatee provides: Justices " the upace
and all general ufllcers oil tho militia
Ia the several territories shall DO elected
by the people In sucha manner Us the
respective Legislatures may provide by
law" Comp. Laws OF Utah, 1855,
Vol /. page 90.
"5eulion /, Of an act Of Congress ap-
proved Apfii 10, 1850, provldes. "That
when from any cause there shall DO a
vacancy In the Office OF Justice " the
pceco In any OF thu territories OF the
United Slatos, It shall DO lawful 10 on
such vacancy by appointment or elrc-
ton, In such manner a. has teen "
may be- provided by the governor ami
legislative assembly OF such territory.
"Pfovidodi that such nppOintoe, or
person elected TO fll such vacancy,
bhull hold office only until his sucura.
tOr shall be- regularly elected and
qualified ~ provided by law.D
Compiled Laws VI Utah 1883, vol. l.,
p. o.
"By the above provisions II H. clearly
shown that Justices OF the peace are
elective except In cases where a
vacancy occurs; whom such vacancy
may be flled by appointment until
Justice OF the peace eau be- regularly
elected a. provided by law.
80 examining tue Territorial laws
upon this subject / iind that section
lBl, Compiled Laws Of Utah, 1855, y.
40, provides As follows! Each pre-
clnct In this Territory shall elect one
Justice Of the peace aud one constable,
and the same may be Increased In any
precinct by the county court, when.
ever they shall deem that the public
good requires IT,
"5octlon lJi, following provides that:
Whenever from any cause thoSe shall
be vacancy In the OillOe Of Justice o
the peace In any precinct Ia this Terri
tory, tbs county court Of the county
wherein such precinct II situated h
hereby authorized anu empowered 10
MI such vacancy by appointment until
tue next general eleolion.'
II ani unable TO find any law either
Congregational or Territorial which em-
powers county court 10 appOin.
llstices u the peace except 20
hll vacancies until the next
general election. While section
1871 above cited empOweI8Jtho county
court To Increase the number OF the ius-
tees Of tbs peace In any Of the precincts
Uiiho county II also, by implication,
authorizes the court 10 1ll by appoint
mrni the Offices 90 created; but In The
light Of the Congressional statutes above
moutior,d, which provide that all
Justices Of the peace shall uU elected by
the people, 10 isimplied that the county
court may create the office Of an Au-
az 81 - NH.
clnOt wnerc they shall doom that the |
public good requires II, and that the |
court may MI the vacancy Ia the Office |
10 created by appointment ~ the OtllCo |
tU created shall be filled by election In |
created by law,
ANY other construction placed upon |
this statute would bring IL IN conflict |
with tho laws OF Congress aud make ~ |
imperative AMI void upon tho well. |
settled pTiuuiple that tho Territorial |
Legislature has no power 10 enact laws |
lu conflict with the laws OF COugTu,s. |
"a careful consideration Ot these
various statutes leads me 10 take the |
position that all OF the appointments vi |
Justices Of the peace, mentioned Ia said |
Petition, are vaiiu, anu the persons
dltl0nal Justices OF the peace, have no
authority whatever 10 act until thelr
luCcarsOTB shall DO elected aud qualify |
% provided by law.
"Aa to couBtables ho have been Rp-
rcluiei, am OF the opinion that soc
ton s57 of the Revised Statutes NJ the
United states, Compiled Lave Of Utah,
1858, Vol. l, page 90, gives the Terri
l1flHl Legislature authority 10 provide
Tor the appointment OF cOustables, and
that section 1911, above Oltod, can be
Reasonably construed 10 authorize the
county court TO make such appoint
ments, and no term Of oiiicn being pro-
vluei the nppoinlee wound h0ld Oillte
turing the pleasure Of the court"
When the county attorney had IN
shed the reading Of his opinion anu
Jiirfed few supplementary oNplana.
lions, Justices OF tue Peace Harris,
sells anu Harvey, (whO with other
ln5liCea had attended In roBponse 10 an
Invitation from the county cuurl) brief
ly addressed the board.
Attorneys ID. n. 5traup and J. ii,
hurd were present TO represent the
parties directly Interested, but the
board deferred hearing Thorn and also
4 discussion OF the matter until THIS NJ
1tTno1n'a HrssiOn,
Attorney Harris presented a petition
humerously aud mtiuentially signed
BY members OF the Salt Lake bar Hsk'
lug that he be- not removed
The toaTd Ia discussing the matter a.
'le NEWS goes to press.
ALL THEsE WANT PLACES.