The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-02-01

. person could vote upon the question
| of who should be the officers of said
| city without voting upon the question
| o. the dlsincoTporation of said city
| was untrue
After presenting the fact that there
! is in reality no anomaly IN votlng for
the officers of a city and Its dislncor-
poration at the same time, basing this
or the opinion that even though a
voter might desire and vote Tor disin-
corporation. yet he would vote for men
whom he would want to see IN office
should the corporate city maintain,
the decision reads.
The contention of counsel for the
so-cnlled protestants at the hearing
have now all been disposed OF ad-
vcrsely TO him. but he in his brief
makes the contention that the court
has no right 10 go behind the returns
of the election Judges and the can
vaSsing board there being no provi.
sion 10 the law for oontesting an cleo
tlon with relation to voting upon dis
Incorporation as there is IN our stat
ute a provision for the purpose OF con
testing the election of 4 person al
legged 10 be elected TO public Office.
Conccdine counsel 10 be right upon
this proposition. II is impossible TO see
how it could aid him. for the reason
that II he Is correct then there is
contained In the return OF the election
judges and tho -ecanyassing board a
great deal OF irrelevant and redundant
natter, Taking his position. the only
duty OF the judges of election and the
canYassine board was 10 indicate to
the court how the votes stood upon
the election machine, and II was not
then their functions to attack the
vote, as thus indicated Casting aside.
then. all OF the allegations made in
the return of the judges and of the
canvassing board, it appears that upon
the question of disincorporatlon sub
mitted there were 1873 votes cast in
the affirmative and 1913 In the mega
tive. and thus a majority in favor OF
dlslncorporation for those votes which
were recorded on the counter columns
opposite the spaces where no question
was submitted cannot be counted
either way, 1t being impossible to aS-
certain whether such votes were in.
tended to be east upon the question.
OF whether they were made by the
same voters who had already Toted
upon the question at the proper place
They are simply nullities and cannot
be considered
The court however, is not prepared
10 accept the contention OF counsel
that 1t may not 20 behind the returns
Of the judges and board OF canvassers
in determining these questions. for
the reason that the law gives to the
court the power to determine whether
the majority OF the legal votes cast
on the proposition were cast for dis
incorporation or against It. and being |
given the right to determine this Ques.
ton 1t has the right to take such pro |
ccedinGS and to hear such evidence |
as is relevant. competent and material |
to rightly adjudicate the same
The court, in deciding this matter. |
is OF course determining a purely legal |
and not political question. With the |
question as 10 the desirabllity of |
Huntsville City disincorporating or re-
naming In existence, the court has
nothing to do, Its only function is to
determine as a matter of law how the /
majority Of the legal voters who voted
upon this question cast their votes.
''N'tN III hblS ElbhN LIZ N'NhN 10 hON
only justified, but is under the neces-
sity OF finding that the majority of the
legal votes cast upon the question of
disincorporation by the legal voters OF
Huntsville City at the election held
November 2, 1909, were cast in favor
OF disincorporating aud disseminating
the said city. Upon this hnding let
the Judgment be that the corporate
powers of Huntsville City shall cease
end that notice shall be given in
newspaper OF general circulation in
this county requiring that all claims
against the corporation shall be filed
nthls court within three months from
the first publication of said notice az
which time tho court viii adJudicate
such Claims. and take such other steps
as may be necessary TO wind up the
affairs Of said city"
Government inspected meat and
pure food only a, Charles Cafeteria