The Greeley tribune., 1910-06-30

ity with the statute. 1 find. how
ever. that this petition was filed with
the city clerk of the town Of Evans
on the 18th day Of March, 1908. and
I also find that an election was held
in the town OF Evans on the 9TH day
Of April. 1908, Fl days after said
petition was filed in the Office Of the
city clerk of the town Of Evans.
also tind that the then city clerk,
T.. c. vanderlip. published notice
OF the filing of said petition and that
same would be voted on at the reg
ular election held in the town of
Evans on April 7th. 1908: said notice
was published in the Evans -ourier
and recites in substance that said
petition was filed with the city clerk
of Evans on the 18th day of March,
1908, and the first publication of
day OF March and the last publica-
tion on the 3rd day of April. 1908.
The first question then in deter
mining whether or not the town of
Evans is "Anti-Saloon Territory" is.
whether or not the fling of the Pc
tition by said 104 qualified electors,
on the 18th OF March. 1908. ten days
short of thirty days previous to the
time when the election was held on
the 7th day OF April. 1908, was in
compliance with Section OF the
statute quoted.
As / construe Section of the
Local Option Statute quoted above
the plain meaning of the same is
that as a condition precedent to the
submission to the legal voters of
voting precinct or town a petition in
Ofrm and substance as required by
the statute shall be filed with the
city clerk In towns and cities, and
with the county clerk in voting pre-
cincts In the county outside of cities
and towns. 'at least thirty days be-
fore an election" is held when said
petition IL voted upon. The language
of the statute is plainly mandatory
and to my mind is jurisdictional.
The town clerk has no authority
to submit to the voters OF any legal
subdivision the question of whether
or not that subdivision shall be con-
stituted "Anti-Saloon Territory" at
any election unless thirty days pre-
vious to the date of the election
there had been filed in his office a
petition as required by Section of
the statute. 1t follows then that the
filing OF the petition signed by 104
qualified electors of the town of
Evans on the 18th day of March.
1908, was too late date upon which
the town clerk could act and submit
the question of voting "Anti-Saloon
Territory" in the town of Evans at
the election held thereafter on the
7th day of April, 1908.
The fact that the town clerk did
not place the question upon the Of
fiicial ballot, and II the same was
voted upon at the election held on
the 7th day of April. 1908. would, In
my Judgment, In no way cure the
fatal defect created by reason OF the
petition not being filed thirty days
previous to the election as required
by the statute. To my mind the
town clerk would have had no more
right to place the question of voting
"Anti-Saloon Territory" upon the
ballot voted on In the election held
in the town OF Evans on the 7th day
OF April. 1908, than he would have
had there been no petition whatso-
ever filed In his Office.
Therefore. II for no other reason,
am Of the opinion that by reason Of
the fact that the petition was filed
on the 18th day Of March, 1908, and
| the matter was submitted to the
voters at the election held on the 7th
day OF April following. was wholly
unauthorized and the territory with
in the town OF Evans could not be
and wns not constituted ''Anti-Sa-