The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-07-26


year term, we find as a result that Mr..
Drollinger is elected to the three year
term and Mrs. Wilson having received
the highest number Of votes for the
two year term, would be elected to that
office, and being ineligible TO the one
year term, on account of the incompat-
bil1ty of the TWO offices, would be taken
out of consideration of that office when
we come to determine VINO was elected
thereto; this would result in the cleo
ton of Mr. Johnson to the one year
term, he having the highest number of
votes Of all the candidates, except Mrs.
Wilson, but if we reverse the order and
begin with the one year term, we find
that Mrs. Wilson, having the largest
number of votes for THAT term, would
be elected thereto but when we come
to consider who was elected for the two
year term, we find that sine, having
been declared elected TO the one year
term would be ineligible to the two
ys3r term, and therefore could not be
considered there; this would result in
the election of Mr. Higorth to the two
year term, he having received the high
est number of votes for that Office, out
side OF Mrs. Wilson. The result, as 1t
will be observed, Of tine election for the
three year term would not be changed
by the adoption of either method. 1t
thus becomes important to determine
the order in which the vote for these
respective offices shall be caLvassed and
the result determined.
Section IL, Article 5, Chapter 100 of
the laws of Utah of 1896, provides: "On
tine second Monday in July, 1896, there
shall be elected by the registered voters
residing in each school district. =. =. three
school trustees, one who shall serve for
the term of three years; one for the
term of two years, and one for the term
Of one year. The ballots used at
such election shall state the names of
the persons and the length of the term
voted for" 1t will be observed that
the order of the election of these re-
speotive officers has been established
by the Legislature, in which the three
year term is mentioned first, the two
year term next and the one year term
last. It may be fair to assume that
the legislature fixed this order with
reference TO the Importance of the Of
fee, the three year term being regard
ed as of the greatest Importance of AN;
and the two year term of greater i'm
portance than the one year term.
/ think it fair also to assume that
in the preparation of the ballots, each
of which undoubtedly contains three
names with the indication opposite
each as to the term voted for, Shnt the
first name ON the said ballots would
be for the three year term; the second
name for the two year term, and the
third name for the one year term, fol-
lowing the same order prescribed in the
statute above set out.
If these assumptions be fair, then it
follows that in canvassing the votes
the votes for the three year term would
always be counted in advance of those
cast for the two year term, and those
for the two year term in advance of
those cast for tine one year term. and
the election for these offices respectively
would occur in point of time in the
same order; THAT is TO say, tine election
of trustee for Che three year term
would occur prior to the two year term,
and the two year term would occur
prior to the one year term. Following
this same order in casting up tine re-
suit of the election, we would naturally
ascertain who was elected for the three
year term, then determine vino was
elected for the two year term. and
lastly who was elected for the one year
term, and we have as the result the
election of J. W. Drollinger for tine
three year term; Mrs. Ann S. Wilson
for the two year term and Mr.. Johnson
for the one year term.
The only question remaining is as to
whether this order is one that would
be sanctioned by the courts in the de-
termination of the question. While the
question is not entirely free from doubt
l am of opinion that in tine absence of
any express provision of law to the
contrary, and being unable to find
any adjudications by the court on ques-
tions similar to this, that the order in
which these offices are mentioned in the
10 oh.
ticusars wherein important, in deter
mining who were elected to these re-
spectfve- offices. I have the honor to be,
very respectfully yours,
A. c. BISHOP,
Attorney General.