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Show THE DAILY RECORD THURSDAY, JANUARY 22, 1970 Hollis Ebd Fed; r Trnch-- Gan Can Co, 50 W Bowars Way, sic to 1st astam Ek; Accts Contract rights Strain, 4380 Wandar In, sic to sic FI rerun's Cr Un; hh vds Hurrh Gary Laa Hartley, to Safaway sic Rmn 3667 3325 'J Grsngar Fad Cr Un; Wsshar S Lav mica Dale Jackson, 31 17 Hialeah sic to S L Tal Rrp Cr Un; fum R Vaughn Tel S L Dr, to McDonald, 488 A Tal S L 6325 S, Murray Cr Un; hh eds Rmn R Dorothy Whealdon, 1340 S 2nd R Apt 10, sic to S L Tal Rmn Cr Un; ear anol Paulatte sic to S R L sle to 31 vd, Robert Rdwsrds, 7173 Tbwiierast Dr, sic to S L Tal Rmn Cr Un; Piano Clair Jenren, Alan to K5L Rmn Richard to Cr Ronald to to 3?rao ; Morrison, 61 5 R KSL Errn Cr Ur.; Clyde '404 Tor.alao Dr, sic Nour, U Rro H KSL Wm sic 1779 Calico Way, Jn; aool Cr Resa-- Jr, a KSL Rmn Cr Un; Boat 12th K aool sic W, Saw 927 S L R 375 S, Sandy hh eds Kannath 3 Alder, 444 R 900 K, Fed Rmp Cr Un; hh eds car sic to K sic Wilcox, 1524 Lakewood Dr, Ut Oil 'Workers Cr Un; fum to H sic to Judy Jenson, 44 5 300 R, U Tel Rmo Cr Ur; car hh ds S L Grant L Nicholas, 381 sic to MFC; cons gds Gilda Nicholas, 2145 Yura St, sic to Rnro Cr Ur.; car hh ds C T1 to Renteria, 1038 Harrison Ave, sle rni O Ut Conner lm Ont Ut Conner Rnp Cr Uh; J Rodney Draner to 6515 Richard Ut Conner 3785 Camper D I630 3 iW, A Redwood Rd, hh gds Delbert J Wilkins, 4159 to Lincoln Fir.; hh gds S R 13900 S Cr Uh; FVaazar Schow, 4110 C to Lincoln Fin; Wood, 4786 C to LLnooln Fin; 1700 sic to W, Cr Un; hh eds Emp TV R Carpenter, Ut Copper 41 E S, Midvale to R 7SCO Cr Un; hh gds Rr.p Jaeeli, 40?5 s, East Antelooe Corn, Britton, G 535 to Jt S 3rd W sle W, ds Hamby Jr, 1775 Browr.ir.g SL Postal Rrn Cr Un; TV W sic to Corr.elis Kapteyr:, 938 1st A7e, sic to 1st Surety Fin; hh gds Edwards, ?41 D to 1st Surety fin; M 12th sic W, hh gs Robert J Cameron , 4560 Stratton Dr, sle to 1st Surety Fin; hh pds Galleys, Copper -- Dr, to Ut w 6740 S, Murray Copper Rnp Cr Ur.; hh gds James 6891 Columbia hh Jr 3"'00 Elighlarid equip Mauricio Hernandez, 967 to City Fin; sic to Center St, Midvale to ear hh gds 33 S Alien St, Midvale cars hh Rm, Cr Un; Msyr.ard L LaMar pd E Sirrirn, rifles St, sle 427 Front to 1st Surety Fir.; equip Herbert A Gruendel, 4620 sic to Lockhart; hh gds S 3200 FILED January 19, 1970 L. M. Cummings, Clerk hh rds Caro Sr hunt tools . . . ! ' d r I. raf 1 It eeems to us rather clear that the only meaning to be given to the clause is that the governor is lu appoint to offices created by statute only when no method is provided by law for the election or appointment by someone other than the governor. Section 7 of the Organic Act creating the Territory of Utah provided: "The governor shall nominate, and, by and with the advice and consent of the legislative council, appoint all officers not herein otherwise provided for." This was this law at the time of the constitutional convention, ar-- by omitting the word "herein" from the language of the Constitution the framers thereof must have intended that the appointment by the governor would apply to all offices created by statute unless a prohibition could be found in ihr Constitution itself or the statute creatini; the office otherwise provided. Let us consider some cases from r.thcr states. People ex rcl. Walker v. Capp, 138 P. 143 (Colo. 1916) involved a civil service act enacted by the legislature providing for appointments based on competitive examinations. Article IV, Section 6, of the Colorado Constitution is similar to that of Utah insofar as the part in question is concerned. The court in holding that the appointing powi r was not in the governor said at page 144: The appointment of the warden of the state reformatory is otherwise provided for, and under the decision of the appellate courts of this state, -- - Citations omitted statute which provides for the manner of appointment of such officers is J Archibald, 44a6 5540 3, Karr.r? to Conpr E- Cr Ur; cars Camper Richard 0 Brydson, 5375 S 52C0 , Kear.3 to 1st Surety Fir.; hh gd: controlling. W'vjl.o m Frank J Weinstc , 30 Gre-- !: 720 n 3 Fountains .'jr, .7 my to Walker 3k; Ctto 3 Wfre, Where the power of appoint mont is not vested in an authority the constitution there would seem to be no question with regard by to the power of the legislature to impose limitations upon the discretion of the appointing officer, or to authorize some other body, s, uc h as a state or local civil service commission, to impose such limitations. It would also seem proper under such conditions for the legislature to provide that the appointment should be made as a result oi the selection of the one standing highest on a list made up of the successful contestants at competitive examinations. Ut W -s Affiliated Rr.?ljieeriny 7th S, rle to Keen Lavar S North, 351 S 3rd R, 3 L Tel R.rp Cr Un; hh gds Chas L Surrers, 2204 -- imp R 6450 Cr Un; hh gds Kuro Larch, 336? Bamada Dr, Fafer's "Vm Cr Un; hh gds Carl P to RIM 5O76 W 5320 Cr Un; car Boat 3utz, horine Johnson, S L S L S, sic to sic to S, Kean.s trlr 94v Lake Teachers Cr Un; appl Gertrude Scanonah, to sic to sle to Hafers McArthur, 462 Hver. Ave, Er? Cr Un ; Stereo Wafers Co, 356 Factors; Irv St, sic to 54 RLlzabath St, sic Teachers Cr Un; hh gds David to W Town 'rerron, rlc to Robbins, 72?4 3 3?0 R, Midvale Ind Fir.; hh gd- - H.arold G 'iigrrir son Jr, 1378 S, sic to MFi; tjers P,6e, Leo MFT; he Ir.d Fir.; hh gJs Towi. S. E 5440 Lemon, 3679 3 13 R, sic to eons fdn "orrison Meat Ple, 1176 3 State, sic to Valley bk; quip Everett J Firehnugh, 7114 r, llth K tb' s.lc to Lawrw.ce W, for" ;s a "prcp'-siliona- l phrase" relating to the noun constitution or to the words "by law, " and as to whether the last clause of the section quoted above is a "dependent adjective clause" and as to whether the framers of the Constitution were familiar with the importance of the word "herein. " . Davis, 2530 Solar Dr, sle to 1st Surety Fin;frig Ut Copper Ero Cr Uh; 3ary 3aur, 41 Sullivan, to Sard- - - 1610 R, 3 Stereo SL, Melvin Arder. R Wefcb, 736 Wasatch St, Midvale to Ut Copper Rmp Cr Un; aonl Ben . 1 v. ri. may . .joi.iI to all offices "which and whose be created by law, appointment or election is not otherwise may provided for" by the Constitution. There is much argument as to Career J. Rifle L11, No. 11725 for. - .'it Rmn Cr Un; a Ave, 2448 Cinnabar The governor shall nominate, and by and with the consent of the senate, appoint all state and district officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided River-to- r. Fin; hh gds Everett Lee J Elkins, Box 10 Leadrir.y, Bingham Canyon to Ut Copper Rrp Cr Uh; car hh gds Fitzgerald, H sic to Bldget Fin; hh gds The parties disagree as to the interpretation to be placed upon the language of Article VII, Section 10, of our state Constitution, which reads: 4775 S, Keams W J Barber, 716 8th Ave, sic to Aetna Duke Ut CoDDer Keams to W, Jordan to City Fir.; Camper 1255 W, TaylorUt Copper Rno Cr Un; hh gds S Giry The bill provides for a board of fifteen members, nine of whom shall be appointed by the governor, by and with the consent of the senate, and three each by the presiding officer of each house of the legislature. 4775 S, Keams W Frank Sanchez, 4730 !' W, Earl L Maynard, 1?4 I34OC S, to CraDer 5k; Tractor of cars This is a suit for a declaratory judgment brought by the Governor against the President of the State Senate and !hc Speaker of the House of Representatives to have a determination of the validity of Chapter 138, Laws of Utah 1969, insofar as that Act purports to confer on the two named defendants the power to appoint three members each to the newly created State Board of Higher Education. hh gds Aileeri Sine, 554? S 4170 Lincoln Fir.; hh eds 3k E, slo to KL1.FJTT, Justice: sle W, Walter Mills, 4113 Westlake, Granger to Lincoln Fin; hh gds si etc Siegel Trlr; Gerald Miller., 790 400 Gerhard Stracke, 5303 S 5240 Keams to Lincoln Fir; hh gds "ds 2C7 Rmp S 500 Sarche.!, 2?05 clc to Lincoln Fin; Buehner St, sic to B 353 Budget Fin; hh gds 4895 Mary Anna St, Nat Fin; fum appl hh gds Ray L Howe, Haven J. Barlow, President of the Senate of the State of Utah, and Lorin N. Pace, Speaker of the House of Representatives of the State of Utah, et. al. , Defendants and Respondents. Theodore W Shields, 2565 Park St, sic to Ford's Fin; Lift Felix sic to v. 21st S, sic to Valley R W, Calvin L. Rampton, Governor of Utah, and the State of Utah, Plaintiffs and Appellants, Larry C Shuldberg, 1224 Stewart St, sic to Seaboard Fin; cons gds car 3oats Inc, 537 Bk; 3oats 2nd Linda L Nelson, 624 N 5th E, Sandy to Town Ind Fin; hh gds In The Supreme Court Of The State Of Utah Contracts rec Ihv & S tractors Olsen, 15 W 5300 S, Murray to Ind Fin; hh gds L Rd Smith co Pumps, 4042 W 2100 S, sic to Conn Sec Bk; Mach Equip Office fum fix Accts Town 1 Murdock, 2884 Erookbum KFT; eons gds John Kalian, ls4 S Allen 5t, Mldval to Ut Copper Rrr Cr Ur;; hh eds sville to Fin; S, Granger C sic to & John Burnette, 251 W Johnson, to Assoc Fin; Pickup Fin; Trucks Jerry Brewster, Taylorsville to sic Redwood Rd, N Rddie R Hansen, 41 y Suehner Mru Cr 17; . Er.o Cr Uh; hh Butterfield, Fbulger Equip, I36I Mack cons gds V Edwin W Cir, TV ,7"' Jordan to Ut Copper 261 Jansen, - Blaine Bosshardt, 5100 Rocky Rd, sic to Michael Hurdsman, 750 5 9990 S, Sandy to Peoples Fin; Sno-j- et Trlr hh gds E to Seaboard Fin; Guy James Garden R Kent K Shelton, 352 R 800 S, sic to Seaboard Fin; cons gds Jesse Rugene Gayle 'Woodward, 213 S 4th E, Sandy to S L Tal Rnp Cr "n; hh ?ds D S L Teachers Cr Uh; hh gds Franklin W Jones, 2764 W 3150 S, sic to Bacchus PI Cr Uh; hh gds James Frad 2221 Lairfcoums Ave, Jensen, Anthony J Scaletta, 7928 Brady Glr, Sandy to Nat Fin; fum appl Brer.t N Taft, 995 Lincoln St, sic to Peoples Fin; hh gds Chas A Wing, I93 ?. 2700 S, sic to Seaboard Fin; cans gds Saxton, ?56 Halm Ava 20, Tal 'fan Cr Un; hh sds Lyle Palmar, 3441 Wasatch S L Tel Rmp Cr Un; 3oat H sle to Chas Nail Hardman, 1796 W 5100 S, Keams to EIKL Cr Uh; Boat Ktr Trlr Jerri Merton Geo F St, sic to Snow, 36CV1. Rlrrwood Emo Cr lTn; hh eds FOUfc FINANCING STATEMENTS Huffskar, sle to Auarbach R PAGE Fin; hh rd R t,.r!..art, 720 sic to Courtesy R Center, 2nd Cr; hh gds N . . . The following statement from 29 Cyc. 1379 is applicable: Regardless of the construction which we place on the language in dispute herein, we Have the same problem before us. Even by holding that the legislature can "otherwise provide" for an appointment, the question remains: Can the legislature reserve unto itself or confer upon its presiding officers, the power of appointment? Another section of our Constitution must be considered in this connection, and that is Article V, Section 1, which reads: |