The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-12-10
THE ELECTION DECISION,

Dcld III TINS cltN on NoNculDcl ilu- W
no way touches the real question oi
the consttutionalitY of the law which
imposed commission government upon
this city. 1t upholds the validity oil
the election. TO be sure, but that WAS a
point so futile aud so fine that
il would hardly have been relied ON by
any sound Judgment for the overturn-
ing of the law. 1t WAS quite impossible
for the court 10 do otherwise than 1t
did ia affirming the validity of this
election. and il is noteworthy that the
conrt was obliged TO 20 outside of the
law providing the commission form N
order so find In another statute the
reason for affirming the validity OF the
election. This other statute provided
that in elections there should be 3
blank space carried on the ballot
where the voter could write in any csd'
ddate Of his choice. This provision
was not included in the commission law.
and neither was IT repealed by that
law The result is. that the city Re.
corder. in making up the ballot and
finding this unrepealcd provision IN the
law. made up ihe ballot confornIably to
il, with the blank space for the voter
TO exercise his full choice in preparing
his ballot The court finding the law
as il did. there was absolutely nothing
else TO do than 10 affirm the validity
of the election.
But that had nothing whatever TO
do with the main question Of the con
stitutiouality of tho law itself, and
the opportunity is fully open for
real contest on the merits of the case.
4 number of provisions in the consti-
tuition arc apparently III direct conflict
with the aca of the legislature in i'm
posing upon tho people of this city this
form Of government. Among others We
might cite Article q. Section 26. twelfth
item in the enumeration of things tor-
-bidden 20 the legislature in the way OF
cpacting any private or special laws
In that paragraph the legislature is
prohibited from cnacting any private
or special law incorporating cities,
towns. or villages, changing or amend
inG the charter of any city, town, or
village. laying out, opening vacatlng,
or altering town pIats, highways,
streets. wards, alleys, or public
grounds. -
Section % Of the same article pro-
vidcs that "The legislature shall not
delegate TO any special commission, prI-
vate corporation, or association. any
power TO make. supervise. or interfere
with any municipal improvement,
money. property, or effects, whether
held, in trust or otherwise, 10 levy
taxes. TO select capital site. or 60
perform any municipal functions. -
1t may be replied that, in changing
the charter of this city and pro
viding for commission to govern this
municipality. the Legislature did not
do so through the enactment Of amy
private or special law. But tho falla.
ciousucss Of this plea is evident when
we look at the facts; for, although the
language of the statute is general, its
application is special and private TO
this city alone. To enact i'm general
terms that in any city Of the first
a certain form Of government provided,
when there is only one such city in the
state, is IN every respect, precisely the
same as though the city had been
named. But, if the city had been
named it would puqucstIonably be 4
private or special act ri is not less
so. however. by reason of the fact that
cities of tho first class only are dcsig-
mated when Salt Lake is the only city OF
the first class that there is in the
state. The language Of the statute he.
ing general. merely indicares that the
legislature has undertaken 10 do in
directly what il is forbidden TO DO di-
rectly. and this, under the general in.
tcrprctatiou Of the laws is invalid; the
attempt TO cvadc a plain inhibition of
the constitution by this means could
hardly be upheld by any court Of high
authority.
The claim that tho whole question
has been disposed of by this ruling Of
inc COURT Hh 10 IHc tlPcllOU, Is so 40
surd that one marveIs to see it made.
The court itself made no such deter.
minatiou Of the case. 1t determined
the question before it; nothing else;
and the field is still open for the real
test Of the law as to its constitutions
ality.
Suppose the commission TO levy a
| city tax, as il must do if in office. aud
taxpayer resist its collection on the
| ground that the commission has nc
power TO levy a tax, being forbidden
lby Section %, above quoted, It is not
manifest that situation would he
created wholly different from the issue
! raised in the suit just dccided7 And
II II not equally evident that it is far
better 20 raise this question now ana
have il decided, rather than wait Till
| the levy is made!
|
THE MEN HIGHER UP"
| The general demand for the inycsti