Show USDER THE XEW LAW list is How the Next City Election Is lobcCmiluclcJ THERE WILL DC NO ALDERMEN But ThreeConnrllctrn nnil H JaMltr to Each rmlnrt Following is the full text of tile I opinion of the Territorial Supreme I Court delivered today and deciding that the coining city election is to I conducted under tile new law In Supreme Court of Ltah rent I tcry The People cx ret Edward M I Hynon vs Henry Page Registration I Ofilcer Salt Lika City i Petition for Writ of Mandate Original Application j i BLACKKCKN AJ This is l a petition by tile plaintiff for a pen ptory writ cfmnnstc to i require the defendant ao is the I proper officer to give election notices for the coming municipal election I In Salt Lake City to put notices of raid election stating among other i things that there will be chosen by the qualified votersat said election I I fifteen councilman one mayor one recorder one Ireajurtr one marshal and one assessor and collector and one justice of the peace for each of t the five precincts of said city This involves a construction of a portion of the net of the IRt Territorial Terri-torial Legislature entitled An I Act fur the Incorporation of Cities The purpose of that act seems j threefold JstTo incorporate cities I endTo provide mode by which cities already organized can reincorporate re-incorporate under this act IlnCOrpDl11te to cities already incorporated in-corporated certain portions bf the act amendments their charters without relncor < oratlon The question mired by this petition peti-tion is Docs Oils net require that the otllccra provided for in it shall be elected at the coming municipal election In Salt lake CitjT Or shall the officers provided for in the charter of tald city be chisen I think the ollicers provided for In this act are hereafter proper cues to govern the city Section H Art 1 by express words applies to titles now organ lied and provides that Uley shall be divided Into three clashes all cities having a population of twenty thou and and over shall belong to the flret clas etc other portions of the L Iocl net point out the royally city may determine the class it belongs to but the mode mentioned iu the act is not exclusive If Salt Lake City has In fact a population of twenty thousand or over and the court can judicially know that fact it Is a city of the first class hetlier it takes any steps to ascertain that fact or not Courts tnVeju Jlcial notice of ail the political I acts of government The census of 1SSO shows tills city to have a jupulation of over twenty thousand and that is a political act of which the courts take Judicial notice Therefore I UiinkSalt Lake City under this act is a city ot thellnt class without anything done on its partS Again Section 3 of Articled S IX expressly ex-pressly provides that section I of article C among other provisions of this act 1hall apply to nil cities nl ready incorporated Although there is no repealing clause in this act yet wctionoof article IK has the eflVct to make them several provision amendments to the charters of all S cities to which they are applicable Section I Article G I provides that the officers of cities ofllie first class to be elected by the people shall be three councllmenfrom each municipal munici-pal ward a mayor recorder a treasurer an assessor and collector and a marshal Another provision the act provides pro-vides that cities of the first class shall be divided into five ward and that one Justice of tho peace shall lie elected from each ward Both parties having appeared and this application argued at the hearing There Is no need of an alternative writ Therefore the peremptory writ will issue as prayed fur We concur Zane C J Anderson Ander-son AJ Judge Henderson was absent at the hearing of this case and took no part In the decision |