| Show S THEIR LAST RESORT I At the last session of the city council coun-cil when Councilman Taylor made some dignified but stringent remarks against the dillydallying methods of the obstructionists President of the Council Wiardleifirh stated that in the 0 opinion himand his colleagues only one vacancy in the departments existed I exist-ed This one of course is the street supervisors office This view he intimated in-timated was according to their construction con-struction of the constitution His statement is interesting merely as pointing to what the line of defense will be against the suit begun by Hume to oust Beardsly from the auditors office This fanciful construction is not a new one The whole matter was gone over just prior to the time of the issuance of the presidents proclamation proclama-tion It was then argued that the old officers would hold over unless the statehood proclamation should be issued is-sued before the first of the year and by others it was claimed that the result re-sult would be just the reverse No one contends for a moment that the framers of the constitution intended intend-ed the instrument to be so construed and the mere fact that the Republicans even considered resorting to such a subterfuge is evidence of the extremity to which they are pushed The articles in the constitution which are considered possible of such perversion perver-sion are two portions of the schedule The first part of section 2 says All laws of the territory of Utah mow < In force not repugnant to this constitution constitu-tion shall remain in force until they expire by their own limitation or are altered or repealed by the legislature Section 10 schedule saysi All officers offi-cers civil and military now holding their offices and appointments in this territory by authority of law shall continue to hold and exercise their respective offices and appointments until superseded under this constitution constitu-tion Provided That the provisions of this section shall be subject to the provisions pro-visions of the act of congress providing provid-ing for the admission of the state of Utah The language of the enabling act considered con-sidered relevant to this point is in section sec-tion 19 and says All the laws in force made by said territory at the time of Its admission into the union shall be in force in said state except as modified modi-fied or changed by this act or by the constitution of the state The territorial laws provide for the government of cities by themselves and the ordinance of the city provides for the holding of the office by one official offi-cial until his successor shall be appointed ap-pointed and qualified Further the council maintains that to be qualified in the full sense of the term requires that he must be confirmed by the council coun-cil Such are the quibbles being raised in order to keep one set of men In office If such a construction should be placed upon the law endless inconveniences inconveni-ences would result Hundreds of city county and state officials could be ousted from their office and the former for-mer occupants reinstated but the mot to of the obstructionists seem to be Anything for office |
