The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-09
THE ATTORNEYS OPINION.

In compliance with a request, County
Attorney Whittemore yesterday sub
mitIed to the board an opinion relative
to the division of the county into cleo
ton precincts and the appointment of
registration agents. The attorney says
the only law he has found upon the
subject was an act relating to cleo
tions, approved March %, 1896, and
certain subdivisions of the county gov
eminent act authorizing the board of
county commissioners to establish,
abolish and change election precincts.
The opinion says in part:
BY the various provisions of an
act providing for establishing and
maintaining permanent registration
lists, act approved April g. 1896, it is
made the duty of the board of county
commissioners to appoint a registra-
ton agent in each election precinct
and that such registry agents shall be
appointed biennially each regular gen.
eral election year at the regular meet
ing of the board held nearest the first
day of June, and shall hold their Of
flee for the period of two years, but
they shall be subject to removal at
any time by the board of county COM
missioners. There is no duty, however,
to be performed by these registry
agents until September 10. The rea-
son. why they should be appointed in
June, when they have no duties to per-
form until September, is not apparent,
and L am of the opinion that the time
fixed by this act for the appointment
of the registry agents is merely direc-
tory and not mandatory, and that the
appointment can be made at any time
prior to September 10.
Under the act first cited a division
of the election precincts, especially
those within the limits Of Salt Lake
city. becomes imperatively necessary,
and, under the provision of the county
government act, the changes must be
made at least ninety days before the
election. The act relating to the regis
tration Of voters provides that work
shall be performed between the 10th
and goth of September, and hence a
change or alteration of election pre-
cincts must be made prior to the regis
tration of voters, and of necessity this
redistricting must occur before the ap-
pointment of registration agents.
In view of these provisions of the
various acts relating to elections and
registration of voters, some of which
appear to conflict, the logical course
for the board To pursue is III my judg-
ment substantially as follows:
First, have a census of the voting
population of the city taken by blocks
WIl.cIl NOIh Cd0 Dc HtTlDTIll6Q by per-
sons selected from the lists that will
be presented to the board by the vari-
Gus political parties from which selec-
lions are to be made for regisitra ton
agents.
Second, with this census as a basis
divide the city into election precincts
in such a manner that no precinct will
contain more than 300 voters after the
registration has been completed.
Third, within a. reasonable time
after the new election precincts have
been created appoint in each of such
election precincts a. resident qualified
voter of the precinct who is competent
to perform the duties. imposed upon
him by law and who, at the time of
the appointment, beings to the politi-
cal party which, in the precinct fol.
which such registration agent is ap-
pointed, cast the highest number of
votes for governor at the last election,
and in case where the election pre-
cincts have been altered since such
election, the law provides that the ap-
pertinent shall be made as follows:
Where TWO or more election precincts
have been created out of single cleo
ton precinct each registration agent
shall be member of the political party
which cast the highest number of
votes for governor in such single cleo
ton precinct at the preceding election
Where an election precinct is created
by combining two or more or the parts
of two or more election precincts then
such registration agent shall be-
long to the party from which
the appointment is tol be made.
and that such chairman and secretary
shall furnish such list of names within
ten days after being notified to do so
by the clerk of thA ard
The board is required by law To
provide for registry agents all proper
necessary books and stationary to
carry out the provisions of the regis
tration law"
WILL OPEN HEADQUARTERS.
Chairman Parsons will open up head
quarters at the commissioners Office
in the joint building today and all
those appointed to do the work of
census taking will report to him and
have their plan of work mapped out