The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-22
February for holding elections bienniaIIy

tepruary Tor nolding elections blenn1ally
Second YIN the tenure Of the present
the adoption of the constitution in No
the United States subsequently issues
his proclamation declaring Utah state?
The, first proposition must be deter
act in relation to elections and tenure
of Office" found on page q of the ses-
SION laws of that year The, object Of
elections that We're held at different
cipal elections. section 3 Of this act pro-
vides for an election of all city officers
which shall have held an election prior
to May. S1st 1892. Salt Lake City was
included within the exception, as it had
elected its offices in February 1892 see-
ton provides that in November 1893,
all cities shall hold elections for the
purpose of selecting their officers for a
enter upon their duties on the first day
OF January next succeeding their cleo
ton. In conformity with this section in
November. 1893, Salt Lake CITY elected a
full set of officers who are now the in
cumbents of the offices, and whose
terms See expire on the first day of Janu-
repeats all other acts in so far as they
provide for holding elections or fixing
the tenure of officers; The sixth section
says: Nothing in this act shall apply
What is a city Of the metropolitan class?
Does our classification of cities. define
such a class? No, the compiled laws Of
Utah. Vol l.. page 613, and section 1722,
divide municipal corporations into three
classes, viz: Those cities having twenty
thousand or more inhabitants shall be
known as cities of the first class. All
cities having more than five thousand
and less than twenty thousand inhab!-
tants Shall be known as cities of the sec
ond class, and all other cities shall be
known cities of the third class" This
is the only classification known to our
statutes. When the act CONSOLIDATE
elections was framed, there was before
the legislature what was commonly
known as the metropolitan charter bill.
In this bill certain cities are classed as
metropolitan cities The legislature err
metropolitan charter bill, which was fin
ally. vetoed. This bill accounts for the
sixth section of the electiolf and tenure
act; Our lawmakers never defined cities
of the metropolitan class Therefore. the
sixth section has no significance what
ever. In 1892 Salt Lake City, held it's
of February. In 1893 it elected it's Off |
GERS according to the law of 1892. The !
phrase 'cities of the metropolitan class,
has no application to Salt Lake City |
opinion. therefore, is that the. fifth day |
of November, 1895, is the legal time for
Satl Lake City to elect its municipal Off
GERS.
The second proposition, whether the ten
ure of the present officers of Salt Lake
City will be affected by the adoption of
state, involves the, construction of yari-
Gus sections of the constitution. That
is section ?, article "a, known as the
schedule provides:
"All laws of the territory of Utah now
in force, not repugnant to this consti-
tuition, shall remain in force until they
expire by their own limitations, or are
Is the election and tenure act of 1892
discussed in the first part of this COM
repngnant to any part or
parts of the constitution?
To. what. article, of the constitution
should we look to determine whether the
terms of the present municipal officers
ically, to article IL entitled, Counties
Cities and Towns" The article was re-
ported by the committee on municipal
ARTICLE Indicating the slightest change
Of city officers. Furthermore. it was not
the intent Of the, said committee that
Or any other city, should hold over by
virtue of the constitution, after their
terms had expired. Quite the contrary,
the subject was fully discussed in com
nlittee meeting of tho committee, that
the terms of the present city and county
officers should not be diminished, extend
the constitution Some enc may ask why
article II doss not say so. Section 2 of
the schedule is a constitutional proVi-
sion common TO almost every state con-
of the United States. The com
mittee well knowing that this common
provision would be inserted
In the constitution, deemed it superfiuous
TO say anything on that subject which
would be more appropriately stated IN
another part of the constitution-the
Section 10 of the schedule provides: "All
civil and military, now holding
heir offices and appointments in this
erritory by authority of law. shall con-
tinue to hold and exercise their respective
otfices and appointments, until super )
seeded under this constitution" This sec
ton does not refer to officers that may
Re elected On the 9Th day of November,
e95, and entitled 20 take their seats on
The 1st day Of January. 1895, Suppose the
PRESIDENT of the United States issues mis-
Der, 1895, does this section mean that the
present city officers shall remain in office