Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-11-19

v..n ami until their successors are
elected and qualified.
ON Inc fr,t Wednesday In Deem.
her Of saeh year there shall be elected
one member u the said boatd
,,om each municipal ward from
r,tl., Of the hrst class, who shall
aualIfy on OF before, anu tahe
haIy seats At tho nrst regular
m,eilns OF the board In January there
af,er. The hoard Of education In cities
Of Inc second Glass shall consist OF one
nn.mbsr 10 be elelecied by and from
eaoh municipal ward Of the city whose
tam, OF office shalt be iof two yeafe
and until his successor IL elected Anu
ON The ftst Wednesday in Dscem-
b.r. 1895. and bisnnially thereafter
there shall be elected one meh1btr oi
,ald hoard from each municipal ward
in clties Of the second class, who shall
quality on OF before AND take thelf seals
Al the fif,t regular meeting OF the b0Afu
10 January thereafter"
Then follows certain provisions re-
ppeoting the qualifications Of euoh
members 10 the effect that every meme
ber 40 elected, shall be ana feinhih
a rseldeut qualified fogis,oted voter ~
the municipal ward from which no u
elected, and the board OF education u
empovefed 10 OH any vacancy that
may occur through non residence o.
any ether cause, until tho noxt elte'
tbs for members Of the board, etc.
There arc substantially all the pfovi-
sions relating 10 the election OF the
msmbera Of the boards OF education 10
cities Of tho fifsl anu second ciA~.
IL will DO observed thAt there are no
provisions whstovef empowering any
official OF board 10 calltucb an election
or 10 give notice Thereof; nothing loin'
dictate who shall Aoi a. iigos Of CLERKS
OF said elections, how long the, pollh
shall be kept open, NOT WAC snail count
and canvass the vote and Issue cetiin,
Gates Of election aittf the result snail
have teen asoeftAined. Neithof are
there any provisions which determine
whether the voters NJ such m cleo
tion shall 10 registered yotefs (unless
such fact could DO Implied from the
general law relating " eltolions) aud
even In that case, there are no provi-
slors for ohtAinings list OF tho regis
tered yotsTs Tor eacn OF said municipal
wards. IL will also be observed from
these provisions OF the statute That
there IL no authority given 10 ofleefs
TO call an election. hx polling places,
hold elections, canvass tue returns, dc.
clare tho result OF do anything pertain.
ing thereto. And unless some method
can be discovered outside OF the slAlu.
ioty authority which wtuld authofize
tho conducting Of such election, We
would be forced TO tue conclusion that
none could be held.
IL may be said, that where tue right
TO hold au election has been gwen,
and the time for holding the same has
been fixed, and the political sub
division has been doaignalcd BY statute,
although no provisions have been
made relating 10 the method OF con.
Quoting tho same anu all other pro-
visions OF law ~ 10 the manner OF
he lding and certifying the result
thereof having tesn expressly excluded
by tho act itseIi, that even Then the
people IN such political sub division
would have the right TO come
together aud In their sovereign
capaci y and determine the method by
which The said election shall be cou.
Quoted and the result ascsftained and
duly certified.
The result Of practical application
OF this method OF procedure would be
difficult 10 dstsrmine. Tue possible III.
versity Of methods Of procedure adopted
by the citizens Of tho several mum.
opal wards In such n case. that u the
method adopted In one ward respect
ing tho conduct NJ tho election,
the time tho poll, should remain open
aud the qualifications OF voitrs, etc.,
might DO wholly different from the
methods adopted 10 other wards, In TACT
there might be- ~ many different
methods adopted as thutc weto mu.
nieipal wards In the city, 90 that the
election Of the members OF the board
OF education In any one city might
rect upon an entirely different basis.
Such an election would be ffaught
with doubt anu uncertainty. II such