Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-12-26
clrY OFFICERS HOLDING 0yEn.

CITY OFFICERS HOLDING oNhb'
The recorder Of Morsni CITY sends
the following inquiry under date Of
December 28'
A question has arisen Ia my mind a9lo
whether tho term Of municipal oll-
GERS now In oincc expires by llillIa,
ton, or do they hold over uuyi
tho first State Legislature thAl.
make proviHlon Tor tho election on
new oflror,Y Article 20, sections 90, 10
and 10, u tho Staio Constitution seems TO
infor that tho present officers hold over
until such provision is made.
Please answer, ard ubligo many IN
quiring minds.
Tue sections Of the Constitution re-
fsrred 10 provide that all officers, civil
aud military, "now holding their
offices and appointments IN THE Ierrl'
tory by authority d law" shall con-
tinue to do NO until supvrseded under
the Constitution; that tho Legislature,
at ils frat session, shall provide for tho
election Of officers wn,sl election "
not provided Tor In tho Constitution,
and shall FIX tho timo Tor the COM
msncemsnt and duration Of their
forms; and that the provisions OF tho
Constitution "shAll be- in ioIcl from
the day on which the President Of tho
United States shall issue his ptoclama-
tlon declaring the State OF Utah adj
mllled into the Union" Section 2 OF
the same article, which our c'rrespon-
dent seems to hovo overlooked, con-
taIns the provision that all law, " the
Territory pow In force, not repusuant
to the Constitution, shall remain In
effect until changed In due course.
Under tho declaration OF the Con-
s,itution the word snow" rs II roiorS
to office holders, cannot be applied on
any date prior to that on which the
President issues his admission proclR'
nation, TOT the plain reason that ihe
Consultation does not 40 Into effect
until that date. This principle was
clearly set forth in the recent decision
Of the Supreme court upon the ques'
tlon ~ to whether or not women had a
right to vote, and was not Affected by
any doubt " hich arose In some miEds on
the suffrage question through the Ian.
guBge OF the enabling act. Ii,theni the
municipal officers referred to are In
regular possession OF their offices
on the date named, thore IL basis for a
claim to remain In possession until
ousisd by operation Of state law or by
the laws OF the Territory continued In
force by section . referred 20. A. II Ia
definitely settled that tho Presidents
proclamation will not issue uli January
I, 1896, then municipal officers whose
terms expire on January ! retire on
that date In regular order.
AZ 10 the terms Of municipal elective
officers, the law now la force
on the subject. and continued In opera
ton by the Consultation, provides that
on tho Tuesday next after the nBl
Monday In November 1898, aud
biennially thereafter, There aiall be
held the elections for such UillceTs, who
will assume tho duties OF their position
on the first day OF January next sue
ceeding their election, aud continue In
ofiice two years. As these municipal
elections were held Ia 1895, the
ofilcep.elecl will take up official dutiel
January /, 1896, and all oiileera who's,
terms expire ON that date will retire
There lie no veg In the Constitullol
for them to hold over on.
Asto the hold.oyer talk which hal
been INDUCED In, We surmise then
has never been auy thought by thUs,
well informed that tuch retention o
office was authorized by the Cousulu
ton Or laws. II has been mere "klun
Ing" hut has had the effect Of decoly
ing some people who had not the op
portunily OF giving careful study 4
Tue subject. II the Presidents proc
lamRton had been Issued, say Dscom
Der 10, every municipal officer elec,o,
At the November genera election Woul,
have been entitled to his CHICO o.
the frat OF January, 1896, hy virtup
Of laws IN effect under tho Con,utu
ton. Section 10 referred 10 docs no
prolong any oflce.hol er's term. Tha
section directs the Legislature, at Il
"hrsW session, 10 90 certain thiugt
Suppose the Legislature fAiic, must
be said that a Sublequeut LeglslRtur
cannot do tho work without an amend
meut to the ConslituuiEr Supgo-
tue Legislature acts, can IL be sci
that no subsequent Logislatu5e on
create a new State office or change th
term Of one previously created by law
except through Constitutional amouJ
meuH Certainly moi; yet this
section says that at the H.
session OF the Legislature, provlslc
'hall be made for tail ofilcetsn n
arranged Tor In the Consultation. BIZ
courts will not give TO the Constitute
an Interpretation unrepublieap