Show THE LAW ON appointments appointment 8 OUR esteemed contemporary contemN th salt iko ibo jyerald JS craid erald in its issue of affy morning contains the following 0 1 its ita local page pa ge j i last night secretary thomas received official notification of the passage by congress of the provision giving the governor of the territory power to fin fiu by appointment all ot or nicea flees for which elections elee eleo tiona should have been heid held on the first monday in the present month this provision was waa attached to the sundry civil appropriation pl pria tion atlon bill and thia this bill ia Is rec received iv by the secretary entire as it pas faed bed both houses with a cartiff certificate attached attesting its correctness it is under this that the governor will act and will make his appointments at pleasure we have no desire to be captious but wo we consider that the article we have clipped contains a very grave error which should be point d out that the public may not be misled thereby examination of the provision of congress referred to will show that it does not give the governor power to nill fill by appointment all offices for which elections eject ions lons should have been held on the first monday of the present month here is the provision which has been published several times but it will do no harm to repeat repent it once more the governor of the territory of utah is hereby an authorized theorized zed to appoint officers in said territory terri tory to nill fill vacancies which may ba be caused by a failure to elect on the first monday in august augua 1882 iss in consequence of the provisions or I 1 an act entitled ssan stAn an act to amend section of the bo be wised stati statutes ites of the united states in reference to bigamy and for other purposes approved march 2 2 1882 to hold their offices until their successors are elected and qualified under the provisions of said at fro pro the term of office of any of ot the said eald officers shail shall not exceed eight months it will be seen that th tho the 0 text of the roar hoar amendment t does not bear out the idea conveyed in the article copied above 0 the governor ia Is authorized Ihori thorl zed to appoint officers S to fill vacancies which may be caused by a failure to elect etc if there are any vacancies caused by the failure to elect they may be tilled filled by appointment if the failure of the election has caused no vacancies no appointment can be made the question turns upon the term for which the present officers are elected if they were only elected for the term ending on the first monday in august 1882 1582 there may be vacancy vacancies ies les to fill but if they ware elected for the term of two years and until their successors are ate elected and qualified then atie failure to elect does not cause a vacancy it will be found upon chose close examination that the term of office of the present incumbents ia is is as in the latter proposition pro poel the enormous powers attributed to the governor in the first quota tion above aro arc no doubt such cs ze some people here hero would like to see exercised but no friend of the territory is included in their number obly ohly those who are filled with bitterness against the large majority of the laople and those who are pant ing after offices office have any desire to see so monstrous a one oae man power established hi in utah and we do not know of any lawyer whose whom opinion is of value who wiio maintains that the tha law we have quoted conveys any such authority as Is claimed for the tha governor in the article we have copied the intention of those who framed and supported the enactment BB as they explained in committee and and also in the senate and in the house Hous ewas was merely to prevent disturbances that might arise if the failure of the august election should cause vacancies in the utah offices with no legal provision existing by which they could be filled and it was virtually admitted that where in the local laws provided for the i holding over of the present incumbents cum eum bents they would continue without interruption Interrupt ione iono the article in the herald is evl evi dently a mistake we ve cannot think that our shrewd morning contemporary horary y intended to convey the idea expressed therein atia important th bat hat atthe attha iane political position should be clearly defined and understood thelm there ought to be no dubiety about it if the offices are empty the fact should be known if they are noti not the abe power to hold them ia la vest crinthe present incumbents until their successors are elected and if there are any bacan cles clea today to day days those vacancies existed on tuesday august lith of the plezent year if it there were none theu then there are none now and will not be next week or next month it is only vacancies caused by a ai fau ure to elect that can be filled by gubernatorial appointment if an sueh such ch a vacancy can ba be found we are not aware of its exia exta existence tence let lat those who want to seo see it hunt for it throughout the territory some persons have quoted with a very knowing ken fen owing air a provision in section 2 of the act on special elections to be found on 27 laws of 1878 which says bays provided that if any person shall neglect or fall fail to qualify within twenty days after receiving notice of having been elected to any county or precinct office such office shall be deemed vacant this provision was made in case of a special election to fill a vacancy caused by the death resignation or othar disability of a county or precinct officer and the question might be asked where is there an officer BO so elected and so notified who has failed to qualify within the specified time the answer will show mat bat the provision has no application whatever to the presen present i condition of affairs and if our knowing objectors still contend that athass it has hns we will respectfully inform them that their wonderful provision has been repealed repeated bo so much for that there Is another thing in this connection which wo we may as well consider while wo we nie aie touching on this subject the edmunds act provides that no polygamist fab fat bigamist etc shall be entitled to hold office it is thought that by the ousting of men holding office and baid eaid to come under either of these appe lations the governor will have some vacancies which he is au authorized thorl to fill by appointment again they have tumbled into an error the law authorizes the governor to fill no buch euch vacancies he can cau nill fill those and those only which are caused by a failure to elect on the be first monday in august augusts 1882 if it any vacancies are MR made de by the method described they can only be filled in the manner prescribed by law and that doea does not give the av governor arnot any power of appointment in such cafe case it Is not good to 0 o bump at conclusions too hasti hastily lyl and usually not at all unless you are sure ol 01 the grounds of departure and arnival arrival and know that there aro arc no obstructions to meet by the way let iet us all str strive ive ivo to look at things aa a they are see eye to eye and then be found standing manfully for the right under every circumstance and on all occasions ca |