Show v- v PINION IS SOLON fanick ick Not Entitled to Attorney Russell Seat Seal a y i in Opinion Trial Is on Today carks L. L Warnick elected I tram from of ot representatives me Je re t shall hold his seat In tho thor ty h lOUt x 1 is tho Important Import question Stated r this afternoon Tho The laws lawsL ws of ot oft L provide pro that members tAte t mall bo tho jU Judges of ot I ier of ot their members anESon an anti ESon on of tho the hou o will be the final i 1 test t 1 Is being Ins cont contested ted on onG that tbt he be was wu not a a. resident ori or ot If IC i- i G cu c thru three years prior to his election lease lie He was vas a a. member of ot the tha Mature In Idaho Warnick con- con cat h he be resided In Utah for more tee to years el ear prior to his going to tord toA A ird rd declares tho the law does not prot pro pro- Cut ctt t t be must be bo a a. resident for tho the Immediately preceding hit his hi histo histo t to th the Utah legislature question which Is foX ex- to arise arte over the tho contest Is theof tho the j of how bow mon many votes It will tako tao it t t Warnick His opponents d d- d It II rOl ril take onI only a majority that Tro ldes for tOT only a majority voto oto tulL On the other hand War War- m cont contend nd that he Is now a f mem- mem t It tt the bO and that It will there there- i take ike a two thirds vote ote to e expel pell Tta TrA l law w provides pro that a two thirds U II Dc nt ary tot for expulsion lon i cf elf f declare that provision for tor contested d ata te but for fOI cx- cx on cn other r charges 4 J R nIt at tho the request of ot memo memi mem- mem i o cf the le legislature has prepared the thee e lit J legal al opinion which hl h will boOtt bo boO tt to tC the Jc turo this biB otter after Th The opinion holds hoMs that th unless unies k tin can c controvert charges charger of ot j f 4 ta tn aho ho cannot hold seat In tho the rare tUTe The opinion follows follos lei E. E WarnIck holds hollis a a. certificate toa from the clerk of or Utah county count certifies nta his election as a Vt rt from Irom the Eleventh nth i district t at t the c n ral election eJection h held heldt ld tint t r 1914 If It the question were I u to 20 tho the fact tact of oC Mr Ir Warnick's A this certificate would 1 bo prima iTO nce of the fact until annulled house hauTe ue of ts sitting i cf cC f the tho election of ot its members member trona Question tie question as aa to Mr Ir Warnick Is Willy lily lUy the qualifications pro pro- for fer In tho the J legisla- legisla Ia- Ia by state constitution On this of eligibility the certificate of i ls It no evidence whatever wll L by war tray or Mr r. War War- b been n challenged ed on or th th floor houe bouse ue as to his hili qualifications qualification tho Zo MV raised becomes one of law v. ns S pr of fact Is III admitted b by Mr rr failure to m meet et the tho challenge i uy or trave traverse travene of ot the tho alleged ft that t up until the tho month of or October i 1 hi ha 1181 aa a n resl resident ent of ot Idaho Falls In I Tin i c county Idaho and in the year ear I It fit he t m tAt ns U a 11 representative In the leg- leg ture or ol 1 I Idaho aho from Bonneville county r at It u the te preceding turo as M a rep rep- from Bannock county In the It t t. t of ot th e fl facts ts the tha decision rests th the tte house of or representatives ta tI 8 as C of ot the o qualifications of Its mom mcra- Is Quoted M It e are nn prescribed by gf l 6 section 5 6 of or the th e constitution of or of nOn ahAn b eligible to the of- of 0 ator or who Ls ts a a dUnn of f the United State 25 5 let of from a st e a D qualified el elector clor In In tho the tho for tor rg which ho he het Is a 11 resit red resi- t three years re of 0 the state slate o- o and for fOI r 7 or of the district from which he la Is qU lUon of eligibility must be re- re to tt date of the genera gene th election Was Mr Ir Warnick day be t t to 0 the c JI legislature ture 11 t. t this ls day a citizen tel S of the tho of 0 yar pars of ni age f a quail quail- the Eleventh tt Ct a 1 or of resident for three or of the and aM for tOI t ont Olle year r of t th the T district To get e to o the e Specific question Was WasI I nu lI the Ul On tho 3rd ot of Novem- Novem o em Y to which tho the his hIe question I tars Y must b Ln be tl f nr l. l for fort t a of th thc state of or ofa orI I fo tor he be was a not nol uP UPon n said pro a resident it of ot Utah Dent I Is too plain to fo require or p a a II hiA 4 1 law eligibility V on n The e the the aw bo be resolved ed against Te aon Interest 0 tr aM clarify the In Her ever n tb b Ible We may inquire RS as In this pf of 3 The h of lh the law Jaw lawI I for 1145 The tb 13 It i or of the tho ve l tt th us laid J down b by G George Georno 0 I 1 Virginia bill U of ut r r rights right I f h. h Ju Juno Uon C II elections 1 CUns of at f all nn Aught to bo be fre and IDI sufficient e to Interest with and J COt community havo I the If tr Jt be c. c tho necessary that j In order tn a T e of at eJ elector of must have hl a I Interest t perl per- per l ICon with and at- at on a age e 10 OPINION IS Continued 1 from front r pa page ago e 1 to the community a a. fortiori brIton must mUtt the tho representative who Is la to exercise exer cise the fo erel sovereign n power of tho the elector In a representative capacity have a per- per ment common interest with an and attachment attachment attach attach- ment to th the tho commonwealth tnt And the constitution prescribes what the sufficient evidence e of or such permanent common In Interest Interest In- In terest with and attachment to the tho community com coin I shall be bo In tho the older ohler dR day It was usual to provide provide pro pro- vide vile that an ele elector tor must m not nol only bo be e a citizen and resident but must mut al also o have havea a 11 freehold hod In tho tim district of or a specified of or acres In the ordinance of oC 1737 for Cor tho the government gov JO of tho the territory northwest t or orho orho it ho Ohio river It as was pi prescribed that tr-at In order to vote ote a person must l I be e a 1 citizen and resident of ot the district for rOl two years yenn and be bo po possessed esse of Or a 0 freehold of fifty acres that to be eligible bc as a representative tive tivo a person must bo Le a citizen and rc resident resi l- l dent for tor thi io and bo be possessed sed ofa of ot ofa a n freehold of or COO 00 acres and antl to be chosen a L member of or the legislative council the ereon on chosen must be a 11 resident of tile the district and md be possessed of oC a freehold of or COO roo 00 acree acres q Ordinance lIST 1737 section C 90 Must Be Resident Be ow in declaration of or this same po policy pol Ic icy the constitution of or Utah h has baa pre pro what chat the tuft sufficient evidence shall shan be b of or such auch permanent political 1011 tI tul connect connet tion with mth the lie commonwealth as shall qualify a person to b become a representative live tive In legislature Anti And among mono other qualifications the tho constitution has prescribed pre pre- scribed that to bo be eligible tho the per person on to tu tobe tobe tube be ch chosen choan must be a resident for three years nars of or the tho state Blat and for one year car of ot the tho district l from Crom mom which he ho I Is elected And In the tho cato of oC Mr 11 these Qualifications mu must t hart havo been lcd l on November oc lb r 3 3 IU It Is Js wholly immaterIal tin im Im Immaterial material and and- an Os to what Mr Ir p political relations to the ter- ter ter territory territory of ot U Ut ah h were on November 3 J. J or at an n nUmo yUma other than November ember 3 3 1 1914 The political relations relation which Mr Warnick Warnick Warnick War- War nick sustained to th the state tate of ot Idaho were verc In fact and law th the highest expression he hI could give Khe of or hl his political connection with u-Ith that state and ond th lie tIus most positive negation of or an any political relation roL or attachment to the commonwealth of Utah nd And In consideration consideration con con- of or the premises es he be must have e his civic status In Utah h by 15 three arb residence no In ord order r to be he cli- cli as u u. representative in the lc lure turc under tinder the tho prescribed by 11 tho thu organic law of or the |