La Junta tribune., 1902-03-12
NO CRY llee1,os rA,s sss,se.

council held Monday night reso.
luton vas passed declaring II TO
be the sense OF tha, body that no
call Tor the city election be issued
this spring. The decision OF the
council is based on an opinion
gwen by City Attorney Hoifmire
as to the Interpretation OF a
law passed at a regular session OF
the Legislature. The law reads as
follows:
"rhe qualified electors OF all
cities OF the second class shall, on
the first Tuesday in April OF TIE
year 1901, aud every two years
thereafter, elect mayor. CITY
treasurer, city clerk. city attorney,
city marshal, police magistrate,
city engineer, a city stree, super
visor, and two aldermen from each
OF the several wards OF such cities,
who shall hold their respective
Offices for the term OF two years,
and until their successors are duly
elected and qualified; provided,
however, that IN all cases where
any OF the above named offices are
now filled by persons whose pres
ent term does not expire until the
wear 1902, no election TO fill such
Offices shall be held at the election
IN April, 1901, but tie incumbents
shal! hold over until the second
Monday after the election TO be
held in April, 1904, at which time
the city council shall by majority
vote of all the members thereof,
fill ich vacancies, and the per-
sons SO elected shall hold Office
until the regular city election III
April, 1903"
The law aud the evident intent
and purpose OF the legislature is
plain enough, the question that
arises as to its legality being the fact
that the bill was not signed by the
governor until April 80, 1901, and
the law did not become operative
until three months after the cleo
ton occurred. The law on the
face OF it is an absurdity, but the
courts have decided that an alb
surdity is not TO be taken into con-
sinetation where the intent and
purpose OF the legislature is ap-
parent. The courts define an abb
surdity as an inextricable jungle OF
coufusions that no set OF men
would be guilty OF when IN their
right senses, a definition highly
complimentary to our fusion legis-
lature.
The intent and purpose OF the
lpSlSldtutt was W s'tN s'''>
for holding elections IN cities of
the second class from one to two
years, the law to become operative
with the election held in April,
1901. The law was not signed by
the governor until month after
the election was held and did not
become operative until three
months thereafter. The law is
consequently retrospective in the
fact that it applys to something
that had already happened. II is
claimed, however, that this fact
would not necessarily invalidate
the law. ItIs the province of a
court to make laws effective, when
possible without interfering with
vested rights, not to nullify them
on a technicality. All of the cities
of the second class in the state are
in the same predlcament as La
lunta, and the various city attor-
neys are divided in their opinions
as to the constitutionality Of the
law. The supreme court, how
ever, will have to determine the
question OF legality. The decision
OF the city council that no election
be held is not necessarily final.
The matter may be brought up in
the district court by any citizen in
La Junta who thinks he cannot
possibly forego the exquisite de
lights and animosities engendered