Show 1 lb n fotion for a of alio ogdan A vigorous Vigo roua presentation of facts OF mm the cuard ing OU MIST PAY FP ales ilie B donuil jaak tu ripper A FOR the supreme court of the territory ailed to consider reconsider re yesterday morning hon C C filed the following motion uli the clerk of the supreme bonit 0 the territory Terri tor at salt lake an eaily ibling upon alie motion ia ex ec tod IN COURT OF 1 utah territory january Term joiet WATSON 1 appellant I 1 aes ues pendent J now comes john watson the appellant in the above antilles aud moves this honorable court to grant a hearing rehearing re of cause upon the following grounds and for the follow ing reasons to nil the court errea in and judgment of the district court of the first judicial district and in adopting the of tin lower court because the loner court held that there is no authority in the atty council of oden city tj require ilia vot ira in precincts or wards and that as be appellant only complained that lie haid not been registered in lie fifth municipal city and the elated lie had teen registered as a voter of the city at all that the and appellant was entitled to see ap pp lacall the lower cobit based ild decision upon alna point that certain bec eec libua of abo territorial statute of relating to the incorporation of cities viz sections ag 17 18 and 19 of article 1 and section 1 of article G which purport to change the RO eminent of cities and the manner of selecting the members of he council by authorizing the voters of each ward U elect certain the council of selecting alio entire council at large were bot applicable to ogden city and that therefore the city council had no power to provide lur and voting in wards la this conclusion the cruit erred for 1 he sections sect ioos of law referred to do not in any manner pro tented by the record in this cause the question whether each voter vote for all abo aldermen and councillors composing the common council as provided in the original charter of the city or whether they should vote for ward Councilmen and justices of the peace as provided in the general act of march was not before the court in this action as by the record and was afat involved ia the decision of this controversy any further ihan the opinion of the court in regard thereto was invited by both parties passing upon the question presented by the record the only question before the court nas this had the city council of ogden city power to require the city officer to enter the names of the voters of the city upon five ward lists instead of upon one lint for the entire city 7 the decilia dec iaia of this question ia the would not in any manner affect the number or kind of to be elected nor the manner of selecting atheni for the voters in each nard throughout the entire city build vote for each and every member of the cummon council and for each and every other officer to be elected just as they always lave done ahe only between the two inet hoJa would be this la one case the jamea of about 2400 voters are on one list and they must all vote from that list into one ballot box anil for all the officers in the other daae there would he five Be hula with neaily 00 voters oil each list and each voter bould vote in alio ward in lie gnei for all the members of lie council and for all the to bo elected when ahn votes are counted in would la certified aud returned to the city registrar who ia by the ordinance to ran vass the returns fram e icci ward con and alien certify the beneral en eral result ill either way ahe aro elected at large aa required by the old charter and are the same ad provided therein viz and each voter vote for each and every to be ele tej alie appellant admits for the pur loaa of this motion only that no part of the act of alie territorial legislature of march 8 providing for the incorporation of cities airetta or hangea the of tho city council of ogden city or alie manner of the bembera thereof nor does it authorize the council to deprive any elector of the city of his right aa given by alio original charter to vola for each allicer to be elected in the city and that aldermen aad councillors maiet be elected ly alio qua lilied voters of the city as provided in the original charter of the city appellant claims that no part of the act of 8 1888 purports to addia addit the matter of and that the act Is wholly inapplicable thereto 12 of alie original of the city C L vol 1 p con arrs the power upon tho council to di ile lie city loto us many political to be known municipal ward alie ahall deem necessary for the and welfare of the electors of the city eliat section 24 of the territorial ejection low deec L vol ip quires atie city council of oleu city to profile pr liy 0 din inre for the registration 0 the voters 0 lie city but leabes council to anine whether it A ill ix tho cn lenience of HIB bulera anil atie purity 0 the ballot voters on one list and liae thein all vote into one ballot or flioy ahall be in tt aeils arils or sub tin asiona of alia city and vote in arasi ar atie anoil to aaili tor lie to and vote for all the ol liers of hie city but it ill make no abat part of aliu city be ote iu for be ull ote for all I 1 be olTi cers and blieu alio re lurnis from all lie ballet boxes aru canvas ofa hie will be en tire vote that section got the oden charter 0 L vol 1 r confers thy upon the city council to provide by lion all elet tiona under alie chatter eliell be lieu conducted ami the returns thereof made and this section authorizes the council to is as many lollin places in the city as the council may deem proper and to provide or lie return and canvass of the entire veto the council may and it is its duty to leg isolato in regard to this matter as alti increased of population may from biru to time require so abat the elector will be afforded every convenience ic the exercise of the elective franchise and no election or commissioners are authorized to legislate upon aliis question the council mul mu l legislate and the election officers must execute amphy v ramsey U S 15 that sett on 67 of the original chap ter of oden city C L vol lp authorizes the city council to pass all necessary ordinances to carry into effect the powers vested IB the city council that the city ordinance of november atho ordinance now in question was passed in the authority conferred upon alie council by the general election law of the territory see C L vol 1 p sec 24 and sections 1 12 and 57 of the original charter of oden city nd not under and in of any provisions of the act of march 8 that the of the ordinance of november now in question is in conformity to and ail of the laws of this territory existed and were in force at alie data congress passed alie first edmunds att march 22 1882 except the words and two councilmen and one justice of the peace by the electors of each municipal ward are to be found in lines G 8 of si lion 2 of the ordinance on page 9 of alie record that these words may ho disregarded as being in conflict with the original charter of the city and therefore void without in any aug the other portions of the ordinance in all the remainder of the ordinance can and should bo sustained and made operative without these words and the provisions of the original charter section 3 ft ill supply the omission in the ordinance no practical construction of tills provision of the charter bo considered as chairing any weight in passing upon this quantion quay tion the chatter was pi anted in abtil when the total population in ogden city in all probability did not exceed 1003 today to day the city lias a population of ten eliou san and in a few hence no doubt will have people up to the present one polling place has answered alie purpose now more are required and in a few years clience be demanded are necessary and reasonable demands and the council certainly liis alio llio power under the cli niter to provide for them in salt ibale city under a charter identical ith ours in particular a alie electors voted at one place until 1870 then two polling plates ft ere provided and in the year 1874 we are informed alvo pollina places ft ero provided and they leave registered in wards and continued to use five polls ever since under the banne provisions of the charter they met the convenience of the bec eec tors as the population and ogden should do alie bame there eath elector no matter v hat ward lie votes in votes for all alie officers to be plotted and the returns are certified and canvassed together as a whole under the ogden charter we candidly believe the the common council to require the same thing and abat Is the question involved in this liti gaton as shown by the record if this coart is of the opinion abat the law of 1633 does not change or affect the composition of the common council then the court should have held abat the city council of city had alie power to require alie registration of voters on ward lists and the polling of votes in each ward but abat each elector has a right under th charter to vote for all the officers to be elected and that tiie officers named in the charter are the proper officers to be elotia elo tid wherefore your petitioner prays that a re bearing of the above entitled may be granted aud upon said eliat this honorable cobit reverse the judgment of alio district court of the 1 arat judicial district tot remand alio cause to sigid court an order directing a peremptory writ ot mai date to lashie jons OF UTAH of weber we charles 0 Kichard saud II 11 for john eatnon Vat non alie petitioner herein certify aliat in our opinion there is good reain tobo lieve that alie judgment oba eted to i erroneous and alio cause otilit to be examined reexamined re C llemar II 11 f |