The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-23
Councilman Mulvey, as Tax
payer, Engages Attorneys to
Attack Commission Act.
THINKS PEOPLE SHOULD
HAVE CHANCE TO DECIDE
Matter Likely to Be Brought
Into Court on Injunction
Proceedings.

Councilman NJ. E. Mulvey. who is plan
ming TO contest the constitutionality Of
the Des Molnes laws enacted by The re-
cent state legislature, called on Governor
Spry Wednesday and discussed the legal
ity of the laws. The governor and the
councilman spoke of various features of
the bill. but the governor did not ven
ture on opinion as to the constitution
ality of the act.
Councilman Mulvey employed attorneys
Wednesday to investigate the law and its
application TO Salt Lake. He said that
they had obtained copies OF the bills as
signed by the governor and were prcpar-
Ing the case.
Mr.. Mulvey takes the position that the
legislature had no right TO enact avs
making a radical change In the govern
mcnt OF Salt Lake City without giving
The question. He said that the proce-
dure would probably be in the fedora.
court or the ground that the action OF
the legislature was in violation OF the
fourteenth amendment to the federal con-
stitution.
Announcement Arouses Interest.
The action OF Mr. Mulvey In announc-
Ing his determination TO contest the Des
Moines laws has aroused considerable in
tereSt and Mr.. MulVey received several
letters Wednesday with reference To the
subject. Several commended his action.
| while one or :wo attacked him for The
stand lie took.
Senator Benner Y Smith. author OF the
bill, and other attorneys declare that
there are no grounds for contest. al
though they welcome II i'm order TO OBJ
tain a judicial construction OF the law.
| They point out that Salt Lakes present
government was prescribed by legisla.-
tive enactment and not by vote OF the
people and that the change in the law
which makes the government Of the city
| by municipal commission follows natur
| ally by legislative enactment. The con
i f,sI lrSF fh.. fYte NJ fl,a cha
| that the legislature has as much right TO
| amend the laws relating TO municipal
government as 1t has to amend any other
| laws,
Hold Different Views.
Some who have agreed with Council.
| man Mulvey in his opposition to the bills
| take the position that the commission
laws are IN violation of a provision of the
state constitution which vests in the peo
| pie the power TO make alterations In the
| form OF government BY Implication
! they contend, this may be constru I'll TO
| include municipal we'll us state gov
| ernment. and to mean that the vote of
the people Is necessary before any change
| may be made.
| cally that he is proceeding in the contest
| OF the legality of the laws merely as
| taxpayer and not as city official He
| expresses a belief that the bills are con
! trary to public policy. that a commits
| sion form OF government means too great
centraliZation OF power and that the
delegation of legislative and admInIstra-
| tive powers to municipal commissions
| must result disastrously, However. he
says. ii the majority OF the people, after
| giving the question mature consideration.
would vote for a municipal commission
| he would have no objection 10 its opera
| tion.
Injunction Probable Procedure.
! In case the matter is carried into the
courts 1t viii probably he on Injunction
proceedings to prevent the holding OF any
election under the provisions OF the Des
| Moines laws.
1t has been suggested that the five
nold-over counciln,en whose terms OF Of
| flee terminated by the Des Moines
| laws two years prior 10 their expiration
bring suit against the city for the two
| years salary of which they are deprived
| by the operation of the bills. Attorneys
differ as 70 whether or not the coun--
| cilmen would have a valid action against