The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-22
; Should There Be a Municipal
Election This FallP
TEN LAWYERS OPINIONS.
THEY AGREE THAT THE ELECTION
SHOULD BE HELD.
Mayor Baskin Takes the Opposite
Vfew-Varian, Henderson, Van
Colt, Brown, EichnOr and Ben
nett Contribute Their Ideas.

ing the campaign is that brought III
by Mayor Basllin, who holds that there
can be no legal municipal election this
fall. and that his administration will
hold over until some action regarding
municipal elections is taken by the first
state legislature. The Oquirrh club
has obtained the opinions of ten law
yers on the subject. They agree in
taking the opposite view. These opin-
ions are as follows:
MIR. Variants Opinion.
c. S. Varian states his views as
follows:
1 have TO acknowledge the receipt of
~ your communication of the 18th inst, re-
: quest:ng me 10 give an opinion upon the
, question of holding an election for num-
n cnt year.
have given the matter such exam
.natlon and elaboration as the limited
TINE at my disposal permitted, and here
WIN submit my conclusions. Tx orig
.n3l charter of the city provided for the
holdlng OF the municipal election on the
second No Ms.o3nday, in February, commenc-
ing in 1861, and on that day bienialIy
thereafter. By the general act approved
Mdrch 9th. 1888, entitled, An act pro-
Xldlng Tor the Incorporation of cities, >
Salt Lake City, were in some particu-
lars amended Cities with a popula ton of
twenty thousand or more inhabitants,
Y ere defined as cities of the first class
II was enacted that the elective officers
OF the city should hold their offices for
Two years, and until their successors
were elected and qualified No change
was made IL the time for holding NUM-
SHoal elecuons. In 1892, an act entitled
an act in relation TO elections and
terms of office, became a law. This law
c eraf
70 provide permanently for the separa-
Ion IN alternate years, of municipal and
bse,nool elections, and those for the leg
county and precinct elections
1t declared that on Tuesday next after
me hrst Monday in November, 1892. and
Tor territorial officers should be held
Whlch officers should qualify and assume
me duties OF Office on the first day of
January, next succeeding the election
Inc terms of the then incumbents were
limited TO the LIST day OF January, 1893,
SO TO give effect to the act.
II was likewise provided that civ
Town, village and school elections should
pc held on said Tuesday in November
4Ssz, with an exception as to cities which
should have held an election in 1892: ana
prior to May 31st of that wear: and That
Ine ofneers so elected should hold their
respective offices until January LIST. 1924.
Eng ain untl! their successors should be
eIected and qualified. The act then pro-
ceeQs TO declare that on the Tuesday
next after the first Monday in NoI.or,'
-. 1879, ana blennIally thereafter, tie
StNS, town, village and school elections
&aoulQ DC held. and that the officers
erected should qualify and enter. Inon.
fIler duties of office on the first 7ay of
oal5-aIy next succeeding their election
ana continue in office for two years. etc,
SpeclIc repeal is then made OF ali iau-S
8 TGplalng Tor the holding of elections or
AlAlnE me tenure of offices, otherwise
Ihan as provided by this act. Here tben
we nave the scheme of the legislature
Siear;iy SET forth. Territorial, COUNTY and
PeCiHct electonS are to be held in even
NUMBERED years. Municipal and school
SleclIohs, ana those for members of The
!TsIs te are 10 be held in the odd
NUMBERED years. All elections Save spec
1ai. winch we are not considering5 in
any year are to be held on the same daIr
.,, az lnere were nothing more in the law
tlan nave indicated, the Question
Would seem TO be free from doubt Ger
ldI1Iy Inc intent of the legislature is as
Gear as the language employed is mr.
ambiguous and ineligible But in SEQ.
non OF the act this provision is fonnd.
Nolalng IN this act shall apply 10 elf
1es OF the metropolitan Glass; This Dro-
80 seems 10 nave nothing TO take hold
OF. Ihere were and are no cities in fba
territory belonging to ''metroDoljtan
o ci.! The legislature has designated
classes. out the "metropol;tan cIass'i iS
not known in our legislation. In ons
sense, oelng the chief and mother civ
ana me capital Withai, of the territorX-
{ SAT- Lake City is metropolitan. buf tbpJes
Is and can be no distinctive class of cit
9 ls. known as metropolitan, except as ar
111tFaflIy SO designated by legislation.
Inc Use of this peculiar exDressjor in
IhlS act is explained by reference to the !
4eglsiIa 3II proceedings for that session. !
\ III known as G. F. No - was rler7fi /
ing and subsequently passed but vas I-a
Ioed by the governor. This bin was en- |
titled An act providing for the incorpor- !
aLoh ana government of metropol:tan
cities" and designated all cities h avi9g
a population of forty thousand inhabi2 I
rantS or more, as the cities of TIE met
IopoLtdn class. While this bin was
pending before the legislature. the pov7 |
ernor returned to the council for amend /
u men =. r. No. ,, being the act il rela-
llOn 10 elections and tenure of Office
now under consideration, and reco~o |
IneToed That amendment be made TO ser
non four after the word territory bv |
inserting except cities of the metror,oI; /
tan class" He said that the other I,:il
penang {. f. No. p, providing for fha |
government of metropolitan cities, CON |
the act then being considered: that if inc
metropolitan city bill became a law the |
amendment would harmonic both meas
ures, and that if It did not no harm |
would follow its adoption See Council |
Journal 1852, page 81. The amendment
suggested by the governor was not made
made section six. The metropolitat1- cifv
OH was not approved but in the mean
time the other bill became a law. I do |
not deem 1t necessary to pursue the die
custom 1t IS quite evident that section G
was added in the expectation OF the
metropolitan city bin becoming q Law
Wnen its provisions could have become
operative by having something TO opera -
upon. As The legislation now stands. this
SECTION which is really a proviso to pre-
cedlng sections, Is meaningless and cam
not be held TO change, modify or except
rom the clear and unmiStakable proV;s-
ions OF the act. / think no effect is 10
pc given to section g. and the Existing
saw requires the holding OF an election
Tor municipal officers in November This
construction has been adopted by the
territorial municipal and federal officials
ShdIgeQ with administering the election
laws We have held one municipal cleo
ION IN appearance Herewith and a ses-
sion OF The legislature has interviewed
since such election. These circumstance
with such ccntemporaneous construction
are, WnAe perhaps not controlling Of |
great weight. 1t does not seem to mo
necessary TO consider the provisions of
the proposed constitution. That instIlI-
menG viii not be operative until ratified
by the people and proclaimed by the
president. The question whether a nuni-
cipaI election for Salt Lake City must
be held in November 1895. is to be de-
termined by the present law, the law
Of the territory. Whether persons. elecsod
at such elections will hold their respoc-
tive offices for longer or shorter term.
or at all, Should the state be admitted
will depend upon the Interpretation 10
e given the language Of the schedule
Ind also (Dossibly) upon the time of adj
mission. Thus section 10 of the schedule
that IAN officers. civil and mil
tary, now holding their Offices and an-
oointments in this territory by authority
lf law, shall continue to hold and ex
srcise their respective offices and an