Salt Lake Tribune | 1904-05-08 | Page 20 | Supreme Court Beats Democrats

SUPREME COURT BEATS DEMOCRATS Attorney-General Breeden Gives an Interesting1 Opinion in the Provo Councilman Case. ATTORNEY-GENERAL M. A. Breeden has given an opinion which will doubtless result In a Councllmanic contest at Provo. The Provo Council as elected at the last election was composed of five Republicans Republi-cans and llvo Democrats. Recently one member of the body, Jesse Harding, a Republican, resigned, and at the meeting meet-ing on last Monday night John E. Bott, a Democrat, was elected to the vacancy, the vote having stood five to four. The question raised is: Can leas than a majority ma-jority of the Council, as elected, legally take such action. Tho Attorney-General's opinion ia In the negative, and It Is supported by the decision of the Supreme Su-preme court which cost Goorge Sheets the position of Chief of Police of Salt Lake City several yearn ago. Mr. Sheets was elected to fill a vacancy by the votes of seven Councllmen, when thirteen were present and two absent. Quo warranto proceedings were brought In that case by Attorney-General Breeden and the Supreme court sustained sus-tained the contention that a majority of the full number of Councllmen elected elect-ed was required to perform an act placing plac-ing an obligation upon the city. It Is considered likely that similar proceedings proceed-ings will be brought In the Provo case.