| Show THE OPENING OF THE proceedings dinas dings hava have been commenced by two iwo of the governors governor appold teea toes to obtain possession of the which they desire to occupy without being el elected ectal to fill them and without any appointment from authorized representatives of the people it appears to us that an individual who seeks to force himself into a public position in which the public do not want him places himself very unenviable situation there is a wida wide difference between being elected to a public office or appointed by a body or authority established by the voice ot of the people to be served and receiving a ed appointment from a one man power which the th e people D pie ale have had no voice in estabi establishing e ding zing and in these cases the diffie difference rence becomes the more significant from the thel fact that the official who has undertaken to make the appointments has exercised what may be mildly de designated 9 aa as very doubtful doubty a authority in consequence of a very wide misunderstanding by united states senators of the laws and situation of this territory an incongruous amendment was inserted in the sundry civil appropriation ALp bill authorizing thor izing the governor of this territory to fill by appointment such vacancies as might be caused by the failure to elect officers at the august i election this hurrie hurried dand and unnecessary piece peee of singular legislation lire rire prevailed it itwara was founded on the mistaken idea that thu tha lapse of the election would produce anarchy in utah the provision in fix eur cur local jaws laws for holding over not nos no a being apprehended ended the governor of this thia stead of ascertaining what offices t were really made vacant by the failure of the the election and aud proceeding to fill them BO so that no banari anarchy or public inconvenience might bo be experienced objects which tile the amendment was wab intended to a avert vert assumed that the offices for which the tha election should have bare been leon hed held with some others the tho terms of which do not expire for some others the tho terms of which do not expire for two years longer were all vacant and at his leisure ha he has attempted 1 by installments to make mabe appoint ments for them regard for quance tion entering very little into the i arrangement anti blas being the chief recommendation for A u babst of the candidates the sheriff is elected for two dears vears and rind until his bucce successor ja js qualified fled he has to give bonds la in the sum of at least five nive thousand dollars to the approval of the probate bato judge nah aich must be filed in ahe phe abe office of the county clare clerk the auditor auditor of public accounts ia Is elected eid eed for two years yeara and until butil his hia successor is elected and aud qualified and must give a bond in a sum not ex beading the whole amount nor less hiss th thim one half of the tho revenue of the territory for tho liaf yew next next nest pieced ing his election with sureties to the approval or of the tho probate judge in whose office it lic must be filed it does docs not appear from the amm aff muia iila vita that the present applicants for these offices and their emoluments have qualified according to law and indeed it would be rather difficult for them to do so as it la Is not likely that a probate audgo in Us his right benses senses would accept the bonds and burette sureties 3 of persons desirous for office while the offices are occupied and the bonda of the jaw jar lawful ful tul incumbents are already on file nnie the writ of mandamus resorted to for the purpose of squeezing into a place where there Is no vacancy does not appear to us the proper course even if the applicants have a right to the pos position on the usual object of a mandamus is s to compel the perform performance anea anca of an official duty which the law requires but which the officer refuses to execute and la Is issued when there la is no adequate remedy in the ordinary course of law there is another modo mode of procedure which coula havo been beon taken rendering the mandamus unnecessary but this will no doubt be fully argued when the cases come up before the courts A manda mandamus mug mag or writ of mandate is either alternative or peremptory the alternative writ as in these caseb cases commands the performance of the act required or to show cause baue why it Is not done the defendant then has the right to a appear paea r before th the e cour court couri t and J justify his course if possible if he does not appear or orif if on appearing his answer is not deemed peremptory peremptory MR mandamus adamus mayba maybe may ba issued requiring the of officer fleer absolutely positively to perform the act required arguments to show khow why the writ should not in thebo these emes cases bo be made tory will be heard before judge hunter on the 10 th of october the decision in these cases may not affect others in which present incumbents are interested ther there e are some points of didner differ difference once onee in many of them aud and whichever wry way yn y thebo turn or terminate it need not be looked upon as a settlement it cf the others Therel therefore oro arc those who are holding over in other offices under berthe the tha provision of our locals tatu tes must not conclude that one decision will cover all hoen been aked by some cf our country cousins what courso course ia is to be taken II 11 arrests are attempted attempt ea in order to gain possession ot oll offices now held by bv elected servants of the eople people we assure them there n need 11 bo no apprehension on that in matter itter if ewh ewd on extreme measure should ba adopted the arrested persons persona can give bail ball and need not be in durance vile vilo an hour under whatever predence pretence pre tence oc or statute such arrests might be 69 made the alleged of fience is and good and sufficient buffi clent bonds should bo be db tai by every man mau in office and even if such sn in issue should d come it would ba be far better and more honorable fon for a mari mali elected to a public office to spend a little time in indall jail jall than to forfeit the confidence of his friends ly by betraying a 1 I public trust and show the white featheran feather fest feat herat henat at a time when every man should stand for his lawful in this cornillot conil fot lot we have both justice and law upon our side ald did and aid every lover loven over of republican principles should feel interested I 1 in the struggle fokitis eor for it is a on one side for the exercise of arbitrary unconstitutional irresponsible and despotic power and on the other for the maintenance 0 of rights which wh fell the institutions of our country have vesteain ves vested in and ind confirmed to THE PEOPLE |
