The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-15

There were no new developments yes
tcrday in the proposed election contest.
County Attorney Whittemore was en-
gagged in examining the law as to
whether he shall advise the board of
county commissioners to certify to the
returns that the candidates as indi-
Gated have been duly elected in view
of the question of uncons,itutionaEty
which has arisen.
AS pointed out in yesterday mornings
article, they say they have no desire
to bring about contest for personal
grounds, their only object being TO nave
The matter settled and thus prevent
any possible complications that might
result in the future in case OF an IL
legal election. Their position, as they
define it, is simply this: The law COM
peis them TO certify TO the returns set
ting out thar eaca Individual candidate
has been duly elected If the attorney
should advise them that the election
was Illegal, then it will naturally fol-
low they cannot swear that the candi-
dates were duly elected, and hence
the result may be a refusal to issue
election certificates
The resolution which, as exclusively
adopted in substance at Friday after
Moons meeting OF the board, paving the
way for contest, was drafted in full
by the clerk yesterday and spread upon
the minutes. 1t was fathered by Rob
erts. and reads:
Whereas, This board has about
completed the canvass of the returns
of the general election, held in Salt
Lake county on Tuesday, November g,
1906 f11. presi1antial electors reTlrpcpflt-
aitive in congress, judges Of the Third
judicial district, State senators for the
Sixth senatorial district. for represent
atives for the Eighth representative
district, and for county and precinct
officers in and for this county; and,
Whereas, this board is now prepar-
ing to compute the total of votes cast
for each person voted for at said cleo
ton, and to declare the result of the
said election; and
Whereas, d doubt has arisen as to
the duty of this board in declaring duly
elected the persons who, from the face
of the returns, appear TO have received
the highest number of votes for each
officer intended to be filed, it being
claimed that this board has no author
ity to make said declaration and certify
to the result of the canvass, in order
that the clerk may issue the necessary
certificates of election, for the alleged
reason that said election is claimed to
be void and unconstitutional; therefore
be it
Resolved. that the county attorney
be, and he is hereby directed to fur
nish this board with an opinion and
advise this board as to it's duty in the
premises
Commissioner Geddes thinks The
Herald did him an injustice in the
headlines, over the exclusive announce
ment that a contest of the election was
probable. He declares he is not con-
testing, but that he will be guided by
the law, and if the attorney says the
election was not legal, it will result in
his not signing the certificates. This
must, of course, bring about a con-
test.
Unless the attorney general should
render a favorable decision, it is
unlikely that a school election will
be held next month, as announced in
The Herald yesterday morning. There
is a defect in the law, which the mem
bers of the boards of education in this
state do not know how to surmount.
1t appears that the new school law
is defective in a great many matters
relating to the holding of an election.
Section III provides that on the first
Wednesday of December there shall be
held an election to elect one member
of city boards of education from each
municipal ward in said cities, but it
does not state who shall call the cleo
ton, appoint the judges, issue certifi-
Gates of election. nor does il provide
for any of the details. The law does
not prescribe the manner of voting,
whether it shall be under the new form
or otherwise.
The Ogden school board has been the
first TO act in this matter, although the
Salt Lake City aggregation were con-
templaling making an appeal for ad-
vice when the news that the Junction
City people had already acted came.
Under the old law the Utah commits
sion acted. but that body has gone out
of existence and the Legislature neg
lected TO supply another governing
power.
The Ogden board has addressed
communication to Superintendent Park.
who will obtain an opinion from The
attorney general. The communication
is as follows:
Ogden. Utah, Nov. u, 1896
Hon; John R. Park, Superintendent
Public instruction, Salt Lake CITY Utah
Dear notwithstanding that it is
your duty, when requested by school Of
ficers or boards of education, to give
them written answers to questions cor
corning the school laws, we beg 20 in
form you that our body is confronted
with condition of things which re-
acton. il any action can be taken which
Will be legal.
II section liz of our present school
A2T.@ is the following provision: "On the
first Wednesday in December, 1896 and
b-ennially thereafter, there shall be
elected enc member of said board from
each municipal ward of cities of the sec
ond class, who shall qualify on or be-
fore and take their seats at the first
regular meeting Of the board in January
thereafter"
Your early answer IN the foilov,ipe-
questions Is respectfully solicited:
first.-Ogden City beng a city of the
second class, by what authority shall said
election for the first Wednesday in
December be called?
Secondly whom shall said election
be called?
Third.-what. notice of said election
shall be given?
Fourth.-By whom, if at ali, can the
necessary judges of election, to conduct
said election, be appointed?
VOTES be counted and the returns there
OF made?
Sixth.-Who will issue the requisite
certificates of election TO the successful
candidates2
Seventh-If there are no provisions in
cur statute law governing the matters
involved in questions one ID to six 90
inclusive. can an election be legally held
on the first Wednesday in December,
1886. for members of the board of .educa-
ton OF Ogden City? Yours very respect
fully
The Board of Education of Ogden City.
BY THOMAS DEE, President :.
@ @ g
he Of