The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-12-10
CERTIFICATES Of I
ELECTION |SsUB
City Recorder Rives Acts ii
der the Opinion of the'
Supreme Court.
ANOTHER SUIT LlKEi
Power of the Legislature
Pass the Act May Be-
Questioned.
ANOTHER SUIT LIKE

In accordiucc with the ruling Of
Supreme Court OF Utah granting
Mayer. elect Samuel c. Park pore
tory writ Of mandate against Citv
cordcr Benjamin 5. Rlvcs 10 con,
the recorder TO issue TO him certif5<
of election as mayor Of this city
city recorder yesterday signed tte
tificates of all the commissioners Vii
after they are framed, will be issura
the successful candidates at Tia
general municipal election.
The city recorder had previously
the official certificates lithoqrsuI
and filled in and all that was nseex
for him TO do yesterday was 10 n
his signature on tho documents, n
will immediately be framed In
black frames and presented 10
nlaYor, commissioners and city audi
elect. The certificates are made ou|
Samuel &. Park. as mavor; Ricbsri
Morris and Henry w. Lawrenee Z,
wear commissioners; W. II. KoYrs
George y, kcyser, as two.ycar CON,
sioncrs; and w. Fl. Shcarman, az
auditor.
In issuing the certificates. CITY
corder Rives declared that he wisbs
TO he understood that it was fof
other reason than to do his part IN,
amicable settlement Of the oles
law that he had not issued them
fore He said that under the a.
ment under which the matter
taken into the supreme court, bsi
promised the interested parties thai
would not issue the certificates
authorized by the court, if such al
would tend to bring about SPEEDY
tlement Of the matter in question:
May Bring Another Suit
In that the decision Of tho sun
court of Friday merely Affect
portion of the commission law red
To the form of the ballot aud ths
tion of the Officers, there is still 1||
Of opportunity for test Of GA
from other standpoints. and II is d
able that this will he done after
officers elect assume their seats. Il
Soren Y. Christensen. attoruev'
Martin +. Mulvey, who was at tho 4
of the original proceedings to teat
constitutionality and validity Of
form of the ballot, discussed the yn
of the supreme court freely ID
daY.
Mr.. Christensen said that while
matter is now settled under the u
of the court insofar AS the form Of
ballot aud election of the Officers
concerned, numerous opportunities
test OF the commission bill and
authority OF the Legislature in It'd
actment may be instituted aftw|
first of the year.
We are glad, said Mr.. Chl!
sen. ''tbat this phase Of the que.
has been decided and that the ques
as to the legality of the election j!
at rest. 1t was friendly action q
whether or not the wly-elected
ficcrs could legally assume the ofl
10 which they were elected, and
supreme court has held that they.
This puts an eud to this matter
"AnY future action must be dee
upon when the officers take their
after the first Of the year. II the
commissioners take any action I'M
ing the rights of the people, the co
tutlonality Of the commission bill
easily be tested, although what az
may be taken has not thus far been
cided upon. Always 1t has been
still is conteudcd BY Mr., Muivey'
| our side that the commission law q
constitutional. This must be fe
further before il is determined.
decision does not settle the poMe
the legislature III passing the bill.
determine the validity Of the law
whole. -
Conference Is Held.
Mr. Mulyey and Attorney Cbfr
sen held n conference yesterday,
what future action will be taken
not be determined until after tns
of the year. when the new Officers
their seats.
There Will theu be innnmef
grounds Oh which the law can pe
tackled, it is said. What effeet
change in the form Of government
have upon the city bonds and vtSl
feet it may have upon waHants
other city paper remains TO oe
hut il is possible that consIderapIc
BILE may arise from such sources,
said
Further, when the new offiters
sumo their seats and attempt to 90
thing that involves the rights o.
people, the law may be Questlonea
der tho fourteenth amendment or
constitution Of the United Stafef,
Viding that states cannot pas
abrideine the rights of the people.
action on this question could DO :;
in the federal court and appesMs.
the Supreme Court OF the "
States il such action Is deemed p
sary. However. it is merely q ~,
CT conjecture Us 10 what may DC