The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-22

ScriOeG in the title, includes the election.
but does not include the appointment
The provision for the election is valid
unless il conflicts with section 10 of ar
ticle of the constitution. This provision
for an election will be considered with
respect 10 said section 10 further on But
the power TO appoint person to hold the
office is conferred on the governor by
section 10 of the constitution mentioned.
and the invalidity of the provision for
such appointment. because it is not en-
braced in the title OF the act is imma-
terial.
1t also appears in section - of the act
under discussion that - all appointive
officers in said cities and towns shau
hold their respective Offices until their
successors shall be appointed and quail
flied. This section does not relate 10
elections, nor does it consider elections,
therefore the title does not embrace it.
The other provisions of the act appear
to relate TO elections, and are therefore
valid, so far as they depend on the title.
and they are not affected by those held
to be void.
II the act is broader than the title. the
rule is that the provisions indicated by
the title may stand, while those not in
dicated must fall, unless they are so
dependent on each other that they can
not be executed separately.
DISTRICT JUDGES ALSO.
Cooley on constitutional limitations, p.
III 9th ed
I As we have seen this is the first term
constitution, and that the term extends
TO the first Monday in January, 1901. and
that plaintiH was appointed in June last
{ to succeed Judge Young who had re-
/ signed, and further question in this case
IS, can he hold until the end of the term
on the first Monday of January. 1901, or
until the qualification of the person who
/ was elected IN pursuance of section .,
supra, on the 3rd day of November last?
I If that section governs his successor
was duly elected as provided by law, and
; upon his qualification the petitioner 5
right to the office will be at once ter
nina ted.
Whether it shall govern depends upon
4 the meaning of section 10 of article ]
I follows:
1.-THE governor shall nominate and, by
and with the consent of the senate, ap-
point all state and district officers, whose
offices are established by this constitu-
( ton, or which may be created by law, and
! whose appointment or election IS not
otherwise provided for. If. during the
recess of the senate, vacancy occur
in any state or district office, the gov
ernor shall appoint some fit person to
discharge the duties thereof until the
next meeting of the senate, when he
shall nominate some person to fill such
office. If the office of justice of the
supreme court, secretary of state. state
auditor. state treasurer attorney general
or superintendent of public instruction be
! vacated by death, resignation or other
wise, 1t shall be the duty of the gov
ernor to fill the same by appointment.
and the appointee shall hold his office
until his successor shall be elected and
qualified as may be by law provided"
This section is composed of three dis
tinct clauses or provisions. The first
makes 1t the duty of the governor TO
nominate. and with the consent of the
senate, appoint all state and district
officers whose offices are established by
the constitution, or which may be Gre
ated by law, and whose appointment or
election a led
vacancy occurs in any state or district
office during the recess OF the senate,
the second clause requires the governor
to appoint fit person to discharge the
duties of the Office until the next meeting
of the senate, and then ii re-
CURES him TO nominate per-
sor TO i'll the office If the office OF
justice of the supreme or district court,
secretary of state. state auditor, state
treasurer, attorney general or superin-
tendent of public instruction becomes va
canr, the third and last clause of the
section makes it the duty of the gov
ernor to I'LL the same by appointment, and
provides that such appointee shall hold
the office until his successor shall be
elected and qualified. as provided by
law; doubtless a legislative enactment
| was contemplated.
In the absence of such a law there
would be great force in the claim that
such apDosntee would hold until the gen
eral election 10 fill the office in 1901, end
until the qualification of such person, oil
{. successor after that time. But sc
much of section ), of the act of Apri
9Th, above quoted. as relates to elections
we hold to be valid, and 1t must be hell
to govern.
EMBLEMS GO.
The plaintiff also insists that ballots
prepared and printed according to the ac
of March IS, above mentioned, and ex
clusively used at the November election
do not afford equal facilities to vote Il
all voters; that a ballot may be cast fol
party candidates with less difficulty thar
for those candidates who have no EN-
blem on the ballot to represent them; tina
a partisan can vote easier than an inds-
pendent, and that the law does mo-
operate equally and uniformly on al
voters.
1t is true that party organizations may
by the observance of certain REQUIRE
ments have the names of their candidate!
and their emblem printed on the ticket
while other candidates are required to OBJ
tain the signatures of specified mum
Der of voters to a certificate before theil
name can be printed on the ballot Ans
by simply placing a cross opposite {
party emblem, vote may be cast for a.
the candidates of a party, while a vot'
for any number of candidates of a part,
less than all can only be given by a eros
opposite the name of each candidate. anC
if 2 voter wishes to cast a vote for
candidate whose name is not on 1t, he i
obliged TO write the name On the ballot
and place q cross opposite TO IL.
OF course the voter should be aHowet
to perform this duty with the least diff
Guilty and inconvenience consistent Will
an honest and fair election-no unneces
sary impediments or inconvenience
should be thrown in his way.
The system tends to encourage tn
voting of straight tickets. and to DIS
courage independent voting. which som
think is an objection. The system has II
merits as well as its dement's, and IN
legislative department of the state gov
eminent has seen mt in its wisdom L
enact the law, and We do not feel au
thorized 10 overturn the people VII a
expressed through that body. in the law
The court holds that none of the varlou
objections urged by the plaintiff is wei
- We therefore deny the application 70
the writ. 80 o..
separate opinion BARISH, j.
/ concur in the result. MINER, j.
STANTON REMANDED TO CUSTODY
The following is the opinion in tn
Stanton habeas corpus relating to the re
fusal of Mr.. Stanton to issue election
certificates:
sheriff:
Charles o. Stanton VS.. Harvey Hardy
This is a habeas corpus proceeding In
stiti1ted IN this court for the purpose o
obtaining the release of the Plaintiff fror
Imprisonment by the defendant IN pun
All the material points relied upon b
: the plaintiff for his discharge were dc
cided in the case of Morris l. Richie VS.
Morgan Richards ct al, as will apoea
day filed The application for the W.T.
is denied and the plaintiff IS remand q.
10 the custody of the sheriff until DIS
charged according 10 law
BARTCH. ].
MINER, j.