Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-16
LEGAL MUDDLES.

tue supreme ODuTlOI tne bAbta Qulls
trying task in tho way OF stralRnten-
ing out legal mudd!es In which the
public have more or less direct inter-
esl; aud there Gro several other similar
events on the tapis. Ii is to be hoped
that the chic; tribunal in tho State
viii be able to exercise such wisdom
aud discretion as 10 insure public con-
fdence in the righteousness aud legal
toundnets OF Its decisions, no matter
whether or not they arc ia accord
With the view populsrly taken before
the Judicial hearing is Concluded.
OF the legal muid,ss that the
Supreme Court has had to deal with,
one OF the most prominent is the
eight-hGur law. So far as the statute It..
self is concerned, 1t IA an aim ost mean :.
ingless J umble OF worde; rarely does u
legislature allow such crudity in
composition 10 yet through. Probably
II the law had been fully tested, even
the Supreme Court would not have
been able to define all that it did or
did not mean. But one thing was
well understood, VIZ: that 1t intended
to limi, certain employmeuts to eight
bours n day tor LABOR, Whatever elss
WAS meant. On this Intention the
point was made that 1t was q VIC.
latioD OF the right OF contract,
and the Supreme Court held
that tine objection was not good
that the State had a right TO protect 1t
citizens from the oppression OF exces-
sive hours OF lauor. The Suprem g
Court OF the United States lie now being
asked to pass on the juigm ,nt OF the
State court, whose members feel thu
they will be upheld by final judicial
decree as well as by public sentiment.
Another case was the county school
tax In cities. 1t was pretty well know
that in framing tbs constitutional gro.
vision relative to maintaining city
schools there was no thought OF de-
priving any county schools OF the
maintenauce they hal been receiving;
the convention was go constituted as
to prefer leaving that to the Lsgisla-
ture. But when test was brought be.
lore the State Supreme Court that body
decided that the rule must be made to
operate both ways; that cities OF the
first and second classes must maintain
schools independent OF the counties in
which they are situated, and that
those counties also must maintain their
schools Independently. The result is
the doing away Of an injustice which
1t was thought by many that only
remotely prospective legislation would
cure.
still another subject Ia the IRE snd
police commission business in this city.
The chief of police here made certain
rules In harmony with what be
believed to be the law, and re-
moved certain officer. The fire
aud police commission took issue with
him, virtually claiming that while II
| did not act the chief could not, and u
! court upheld The commission. The
I Supreme Court, however, set this rul.
ing aside. aud established the guide
| that when the commission failed to do
| it, duty the chief OF police was not tied
up, but mu9t discharge mis- public
uGotions. Later. the commission re.
moved chief and appointed success
| aor. Now the Supreme Court la asked
to dt clare the act OF removal & violation
the law. To do so wOuii be virtual
ly to declare that conspiracy hau
been entered into to effect the removal
Whs. the cour. Will decide is the c !.
legal aspect OF the situAtion remains tt
be seen, probably At al early dat; aul
IN tho meantime there is a CHIEF VINO
claims to have been Illegally Cusie,
from the nc i've duties OF bis OIL 1e arl
entitled 10 the salary, ami au9the
( chief VINO is doing the work ami alst
claims the emoluments. 1t will TAX,
The supGema Court TO REFUGE thi
chaotic stale 10 order.
Finally, and OF fully as much i'm
portsucp 10 tho public. Is the gu es
ton OF the oonstltutionality OF thu
Australian ballot law. This is not thl
law regulating the esnvassing OF votes
to-, by the oanvassing boards
but that relating TO the casting of bal
lots. 1t involves question US t,
whether technicality or the pressnt
puOlic veal 10 the better 10 prevail, 6,
ar as the ultimate good Of the State Il
concerned. The general sentiment Fl
hat the people have expressed thei
choice for officers, and that the latte
should take bold. But the Supreme
Court must decide whether or not tina
choice has been expressed in constitu
tlonal iorm or whether new
election must be held. The tasl
Is delicate one. In the event o. {
decision one way, the present ruiz
Tor l,ctions will be continued unit
Legislative changes. II the court rule
the other way, then Utah loses it
presidential vote, Its clngressiona
delegation.slect,it lite Legislators cleo, ant
its county and other officers.eleet, q
least unit. such time as the affair cal
| be straightened out, or there will be-