Show SUPREME COURT Two Opinions Handed Down Yesterday Yes-terday By the Justices The supreme court handed down an opinion in the case of R H Whipple appellant The opin pellant vs H H Henderson ion was written by Chief Justice Zane and concurred in by Justices Bartch and Miner and affirmed the judgment of the court below The suit was brought to determine the title to the office of attorney of Ogden City The plaintiff was appointed to the plaintif office on Jan 1 1894 and continued to discharge dis-charge the duties of the office until the defendant a appointed on Jan 26 1896 Under the territorial law the plaintiffs term would have expired on the 14th day January 1896 but the territorial government govern-ment was superceded by the stae of Utah on the 4th day of the same month The plaintiff claimed the office under section 10 article 2 of the constitution of this state viz All officers civil and military now holding their offices and appointments ap-pointments in this territory by authority of law shall continue to hold and exercise then respective offices and appointments until superceded under this constitution Plaintiff insisted that the phrase superceded super-ceded under this constitution means by a successor elected by the electors of the city under a law enacted by the legislature legisla-ture of the state The defendant was appointed ap-pointed by the mayor and the city council coun-cil which appointment plaintiff claimed was void The lower court found that the defendant defend-ant was entitled to the office and the opinion now handed down says We are of the opinion that the law authoring the mayor of the city of Ogden to appoint I its city attorney is not repugnant to sec I 9 of the constitution Therefore the mayor may-or was authorized to appoint the defendant de-fendant to that office and the appointment is valid The judgment appealed from is affirmed |