Show PARK filES PETITION TO TEST lAW AsKs for Writ of Mandate From Supreme Court to Rives ATT ATTORNEYS AGREE TO WAIVE TECHNICALITIES LooK for Decisive Ruling as asto asto asto to Legality of Rec Recent nt Election T Tir compel City Recorder B. B S. S Rives Hives to issue to him the certificate of election elec elec- tion as mayor of Salt Lake City Mayor Mayor- elect Samuel C. C Park filed an affidavit and petition for a writ of mandate a against Rives in the supreme court this morning morning This action was taken as per agreement between the time attorneys to get the matter properly before the court that the case might be heard beard an on n its ita Issues and the he validity and constitutionality of the commission law under which the recent g general municipal election was held determined before re rethe the first fust of the year Under this a agreement between the theatto atto attorneys nells the city recorder er agreed to refuse to obey the order of the city council coun coun- cil ordering and directing him to issue issue is is- sue the certificates This gives ives Mayor Mayor- elect Park an to brin bring the mandamus proceedings that the time question ques hues tion tiou might bo ho brought legally leally before the court This procedure W ws a agreed upon when it was decided to drop the tho proceedings in instituted bv by J J. J K cLed cLeto cLe d to prohibit the recorder from froni issuing the certificates As this thus procedure could not get the matter before the court without the question tion of jurisdiction tion thOn being lai raised cd the transposition of the ease case was decided upon Hearing December 4 The petition of Mayor elect Park Paik asks for a peremptory writ of mandate compelling th the recorder to issue the certificate of election to him as mayor of this city lity A stipulation between counsel for the different parties mu in- in 1 in the action is ii attached to the petition for the writ a agreeing to waive an alternative writ and that the recorder recorder re re- corder shall shaH show cause causa on December 4 why he should not be compelled to issue issue is is- sue time the certificates tes Mr Park in his lila petition alleges th that tt he lie has applied to the recorder for the time certificate and mind has been refused on the time ground as he is ls Informed that Recorder Rives fives asserts and conceives the law Under un under under un- un der which he lie Park was wag elected to be unconstitutional and invalid Park avers that unless compelled to b by the court the recorder will ill continue to decline to issue the time certificate Grounds for Petition The petition recites that Park was dul duly elected to the office of ma mayor or at the last municipal election that he proper properly filed flied his petition as by law and was dul duly and chosen at the genera generas election follow following Ing the primary election It is alleged that the time city co council duly canvassed d the tIle vote and declared Mr Park elected to the office of mayor of this cit city and subsequently ordered the recorder to issue to him a a. certificate of his election which the tIme recorder Jer refuses to do elect Mayor Sam C. C Pam Paik is represented represented represented in the by Van Cott Cotto Allison Allison Alli Alit son niter fiLer Thomas C C. S. S Varian Rawlins nay flay Rawlins Booth Lee Badger Rich ParKe and Stephens Smith Porter TIme The city recorder un under under under un- un der the arrangement will be represented at the time hearing hearin b bv by Soren X Christensen attorney for Martin 15 E. Mulvey who is at the time back of the proceedings to test the time validity and constitutionality of the law 1 |