| Show NO KO BENEFITS WITHOUT REIN RE IN coil no city can ns as the has stated time limo and time again claim the privileges granted under the air of 1888 before it lias has borated po rated judge now proves our position to have been true therefore we can say that accordingly beaver city will have what it already has five councilors councillors counci lors and rd no mw unless as a city we reincorporate rein re in incorporate corporate under the new law jud judge jude e henderson says in relation to ogden city it is a well understood rule of the construction of statutes that the express men lion of one thing encledes enc ludes its opposite again the most material difference between this act and the charters of the cities before existing in this territory is the principle contained in sections 16 17 18 and 19 of article 1 the legislature was careful to provide that no incorporated corp orated city should become rein corp orated under the act without a vote of its inhabitants it would be strange indeed if they had provided that tho the inhabitants might vote upon the shadow while they assumed to provide the substance for them there is still another test which to tg my mind is conclusive of what tile le legislature intended xo no casual reader of this let act when he roads reads in section 6 article 1 the provision that when the common council of a city call an election to determine deter mins the question as to whether it shall be reincorporate ed under this act or not they shall give police of the class to which the city will belong if re incorporated will doubt for a moment that it was supposed by the legislature that the class to which the city belong ed electors should know because it might determine in their minds the question as to whether they would reincorporate or not it goes up iiii on the theory that if they rein corp orated their condition and the government would have to depend somewhat upon tile question as to lo which class they belon belonged goJ and yet if tho construction which is as contended for by the city in this case is correct then is net one provision of this act from fir firt first t to last which reco recognizes 0 cizes any difference in classes b hut ut what already applies to every city in this territory not one single reference can he be found in the act to the subject of the classification of cities or the difference in their mana management a hut but griat already applies if the contention of the city is correct it is plain to me and it must ho be to every casual reader of this act that the ut fuestion stion upon the as to which class the city would belong was one ef substance I 1 am clearly of oc the opinion that it was ras it was never fri tended bythe by the legislature that sections 1 go 17 18 and 18 should apply to cities already incorporated until they took the necessary steps under section G to reincorporate in the aru argument ment sonic some stress was r as laid upon tho t h e fact that abat the common council of tile the city had already taken the steps provided for in section 14 to have the class of the city determined ter mined as though it were in the province of the council itself to say whether her these sections should apply or not the language 0 of section 14 absolutely classifies the cities thy th y bland classified by the legislature itself for all tho the purposes to which this act refers to them but for no other and in no wise upon what ahe ili cromon council may or may not do in Inta taking kinc a census of the city and ascertaining the number of inhabitants they merely ascertain certain hs a fact which assigns tho the city by operation of law to one or other of the classes and when they became re incorporated then such provisions provi sious of this ct pro are made ap to cities incorporated and re incorporated under it as a are applicable to it in addition to those which are made applicable whether they reincorporate or riot not and the sections lore berc in controversy in my judgment are amora them this thia being the result at which this court arri arrives yes it becomes wholly imi immaterial nater to discuss the other subject as to whether this ordinance in various other of its provisions is repugnant to the edmunds act or not according to this view no authority an thor in tins this city to register 0 votes in precincts and ward sand the plaintiff only complains that lie he has not been registered in the Second ward of this city the registrar oftering ofT oaring ering to ic io gister ister him as a voter of the city at large and this is all that he is entitled to |
