Show > F I THE ELECTJOX CONTESTS The ioortli rr cavcl Cas Effor itiSgo Zane Provo Gont < tonE < t-onE L1tg 01 1eds ag t time set fr 518 ScnlryoCtJ tJ t < cauvatevr of the tm i < 1 i rtluniei t snow muse v liy e J ic lbsued certificates of elocticto to j I the 1toplos candidates for Justice of the peace nod i coumihtn In the Fourth Jreciutl s 1 tbiyliai rtccaeilr in orl y of tbc i votes there This tale Invv a construction of iSecliou Ino1 I VI of the municipn Arc law upon hh1i tlivt Itt j i Ill been to tlcftioirt One of HUM I was the Ogdeli cw Jfi JS t wl eu i the < iut lan DxiM u > wJttUfr I I that luCnidfelliy sliouli IIl hi > M its t2ectiQS Under tile UA law referred tor its old charter nud th rfel com j decided I that the new b I 1 UI < not apply The ctjT decision was In ngru I Salt I aie rgN City who u CI jA couctrulesi l whl ffc j j that urrll1 the la w WAeatTttc able 1 fl1lc to Salt Lake to RS ttjecMLr Le to bo elected that IS l t I CIu 0 cleto Ul being tb un I oiN u t1 qUvetlou at lsMmt I cornt qUrtou ue JJow comes Ito question as to whether the officer tmlr tie ofn uttignated In the now Jivi iholl h I electud from vcrjo a ntKenlMl thereIn referred Ulcrln tot Following i the tt11ol J rm I cities hCe u f11 1Io lealhaj u thI Tpnty 10 following officrs Ih femes Ct ho first ets uj II i = yor dec from mt each hne mun id three ward In cities of ar Qle theed lvs Mayor elaaladat Iap u o at ten un cilnien 1 from oct nH lu i I the lIon cU r a Mayor and JKVCII CouiwiHfcea i clr4 u hne and IB unluion there shallTie ehxwd it i all oT sfcd cities e < clUe a Iteowdttv re sur cr A cfeor aol CuIlntnr 3r ur aba and In cities of the nr > 110 Ir and second clact a JIK of c the Isaee from ftaHi municipal ward and hrcWas of the third cia t tt two J IISIKSW of the IVioe JI > iC le to b eli t ce i at large JrunJnt Thai in the eaoe it an incorporated cur in rhfh I t the time a tlio lawiqa 0 U act the members of the B anl ol membrs Ue nr o Alee ci Council are elected from diatzktj or wird the rrorf on Vf this section shall not qpiv nor shall ihL < ic any manner interfere ith the ton tO quallaeations of etaaunor qua1llno ur oOic m or o with cr the manner of b b o Afft i To the cUatiim Ir Secretary ritL tosbou cause hisattornpj Mess > Diet land McHrM weml s IK murrcr 5Ir DI tou I tiOe tb first argument which was very I brief Ho claimed that jnanuii J bus proceeding wen no tie ir per course to pursue In the eoe and insisted that p1c l > gJta deckiui I OgJ tehil precmUs the chtfustice fromeui sidering the present case his r s i 1 thin we a that Judge Zane w t Judg l und by the Ogden dei il j ton extent thst he could nIt her aud determine lie IKSUO I preseuted here Mr Dlpfcson i n terej intonodiseu5ajoftoftQmeib r UQtisl ti HC rit of the case Itt Gr Young felWed Hiai il Htion yes that the remedy wi limper as lo tim ill oY the cer 1 tificileor election This would Ct not determine tight tj the title Toe certftlcate wi 7 > rjma ftnit evidence of the right t hoM H o etenr Its Issue did not Tii > ilUiecIIir party from mating pc coated Tin returns showed rlur3 that certain lr I sons In thu ciart had n oelved a majority of the V Le I cast in the precinct Thj court isle i-sle or direct the McreUry as = canvasser to iteun n certificate to I those having Uw ittAJority and if I there was upy contest thai ooolu bu madf la thu regular manner Mr I Young dicussed the act povttting j for tin inooqiORlUon of clOe and i showed how Judge Heaeleraon j opinion was inooneOttent wiUi iaelf I and was opposed to Ute itwre roccul j decisIon 01 the rntonal 8juetne I Court i F S Kichard tool the 1101 eitton that the Oaen uecHiou was j ll o II jlll lr j notauthority in the ircm ut case a 1 i than issues wire entirely tliiiofeut It did not cover the pen at bean 111 I 1 the present iinMAedin s and Was only biiiUiu as to l1oIt tjutaCion raided In tbe other case 11 was ito I evident Intention of the statute tj I make new sctofoulcots and U allow I al-low their elntiu fr < oi nuuiLii > al wards It IVL a strained couslrue ti sl ili = i lion to say tliattbu officers should be ajpnmdttl by Ifla nuf lair but i fJ Yel tiliould not be elected m the way the new IlI law prcsonbca Such u separation made the law contrjJn i tory while the ether position made i it harmonious The Supreme Coun i hiddecided Uist in tiicgae ot SUU i > Lake City theDJficersw eetoiijeJ and it should follow as a moc i quence that they should In I elected j irom war ai the law directed I The proviso reatsl only to cities i wiiun the board ef alJticitnor cmy i council I were alnuily elected f nn n arils and vIlh Uia uuuMMf jot I selecting not ekcOn Odlceu by I the city council Judge Mcliride closed He claimed that the action of the fcejc tory could not be Interfered with atI he acted in judicial capacity I Judge Ziue inquhext whether ft i was meant that tile ervuvaasiug board in which capacity the twrre ury acted could nut be lUfacteU by i tiu court > Judge McBWc then corrected himyelf and ttiteii that the sccrc tory had a JLcicUm iu the matter i I Judge Xiuu aJAIII aa wl if Ut i dszrttion ua eicJi that tIle extort Jt d tl could not dnwt iitu iu Moe the certificate to Iu one which tU court had aseeruuncd wag entttled toiL i Judge McBride agso 1Iblrcd hb j l > o itlou and asserted that the caa J vaser we > lint a continuing ofliceT j but had uncharged his duty when I i he issued thurerti State that bh I i I art wa conclusive and lie could DOt I bem u red to change Mr Richards took up this propo i I itiou and wiuted cut thittiecuii vnvHT3 duty Has not dupbargr J until hegave the otainciu tj n i proper 10000 If liu UuiJ It t6i t JI bad no title he did uot pcrlorui I bis duty and could Ufeijur b I I the court to proceeJ m coming to ti law Judge Zne oanbuucodtbal h > i would Uexnle tike case tomurruw i I morning I twits I t-wits IKOVO CXINTEW While the Utah C ommiet < V 1 cided that they would not eviui ier i the questIon as to whether or not Hon John K Booth was a uJP > I amlst in the nuUterufuV canto over hIs election as mayor of Pro u they did agree OIL Saturday after I dft noon to withhold etmi te or election until after the matter was ruled ou by themirtu whene irj i that may be The ernie ixiiticu i ar was taken wiUi regard to Uie question i ques-tion as to whether the ekimn I i nbouIJ have been fur alclertaeu cr I justices of tile iware Iil wlng Is tile commi Ion < queer ruling Silt Lake City Feb J51 > JO Whereas A Sixoy chairmen lateral lat-eral committee Prove Ciao ht > filet a petilion requesting that w oSrti ci If of election bo issued to Junes I I Itooth who received a majoniy of tho Sh ra lir votes cast for mavor at te late municipal mu-nicipal election IwliI ta end for aid city on tho ground that he Is I II polvs nmi t under tho law although no charged with living In polygamy Anil aim that wrdnoMes of cfv lion b i withheld from two persons voted fur at the said election for the offlco of aldermen and tliatoorUScatov be given to certain othortno JKTSOIH who were voted for st MId election for oCiceof justices of the peace on U u ground that said city in j ciy of 11 third clau and that therefore no eIe tion foralderm u cunld allr be be 1 I The Commission after due consular i lion in view of Ibo fact tint I ih questions are of importaiwe ana n open and moo ed iucsliont whi < h lioula be judicially Bellied NJn i the secretory a cuiVHviin officer z withhold all fneh certifi auB of eke lion nnlU the parties Its bt auart l bl ruw eo thereby have a full opportunity to apply ap-ply to this courts for the proper nand n-and Judgment Ihcrcon C L GorritGT ciiairmao |