| Show AGAINST RIGHT AND REASON THE tem first election in this city to decide whether bonds shall be for school purposes will be held on monday march it lie is provided for by the school law passed by the legislature of 1890 under its provisions the taxpayers of any school district may decide by a majority vote whether bonds shall be issued or not the whole city of salt lake to is constituted one school district and placed under the direction of a board of education the gentlemen composing that body have determined to raise the sum of for the purpose of building and extending schoolhouses providing the people sustain their at the polls they consider this amount only a moiety of what is needed but think they can get along with it for the present the school accommodations they desire are certainly needed for the population of the city has increased very rapidly and the argument in favor of raising the necessary funds by bonding the district is in brief that as the benefits to be derived will be enjoyed by posterity part of the expenses at least east should be paid by posterity considering the needs of the times and the manner in which those wants can be met it to is probable that a majority of the taxpayers tax payers aw will be found in favor of supporting the proposition submitted by the board but a question has since arisen in conne otien with this matter which we consider of far more importance than the flu ancial martof the subject the law provides that sec the board of education of any city may when in their judgment it is advisable or when petitioned by a majority of the resident taxpayers of the said district as appears from the county assessment roll of the last preceding year shall call a meeting and submit to a vote of the district whether bonds of huoh h district shall be issued and sold for the purpose of raising money for purchasing school sites for building or purchasing one or more schoolhouses school housea and supplying the same with furniture nbc necessary apparatus and improving the rounds grounds and for Aqui liquidating liquida dating any indebtedness already incurred for such pur sec the meeting provided for in section of this act shall be called by publishing a notice signed by the president and clerk of the boari board of education I 1 in a newspaper published in the district at least once a week tor lor three successive weeks or by posting said notice in ten public places in the district for three weeks next preceding said meeting such notice shall contain first the time and place of holding such election second the names of three judges to conduct the same third the hours during the day naming not less than eight hours during which the polls will be open fourth the amount and denomination of the bonds the rate of interest and the number of years not exceeding twenty the whole or any part of said bonds are to run fifth for what purpose it is proposed to issue the bonds see sec the board of education shall appoint three judges to conduct the election ve t n nd and the voting at such meeting shall be baab by ballot uoti but no particular form of b ballot allot shall L 11 be required nor shall any in formalities in conducting such election invalidate the same if the election shall have otherwise been fairly conducted at such election the ballots shall contain the words bonds yes yea or bonds no the utah commissioners however have taken the ground that all elections of every kind in the territory are by the terms of the edmunds act to be conducted by persons of their appointment they have therefore designated the judgeson judges judge of election for the various polling places as follows first precinct A H parsons J H woolcott william puller fuller second precinct 1 D I A H kelly 8 P armstrong louis 0 shaw ca 2 james F bradley isaac woolf W 8 burton third thira precinct H pembroke john L may macj ja S fourth precinct E D hoge henret ball david L murdock fifth precinct 1 Q I joel F allen alien F B shelley thomas thomaa V williams 2 thompson A L Si john B R winder jr this position la Is different from that taken by the commission in reference to school elections years ao ago when applied to in reference to such elections they held that as they were not political in their character but very much in the nature of town meetings they did not come under the provisions of the edmunds act and the tho people were left to the conduct of such elections as provided in ia the territorial statute but this would not matter so much perhaps if a very important question of right and justice were not involved in it if the utah commission may lawfully appoint these judges of election instead of the board of education under the school law can they not go further and require the voters to be registered electors we understand that they do make this advance and declare that only registered voters can cast a ballot in reference to the issuance of school bonds the law provides for a meeting of afy the taxpayers to decide about the rate of taxes to be assessed and on the q question aes ues of issuing bonds and as to the qualifications for voting at such meeting it says sire bk 37 7 every male person of the age of twenty one years or over who nas has been a resident of the territory for six months and of the school district for ebirt thirty y days both immediately preceding the day on which any meeting is ia held for the purpose of voting on the question of levying taxes or issuing bonds for any school district and who has paid a territorial or county school tax in any such district during the preceding year or who has been assessed for any territorial or county school tax in any such district for the year in which any such maong is held shall be entitled to vote at any such meeting 91 it will wih be observed that the school law makes makee a clear distinction between a regular school election for the choosing of trustees and an election for the levying of a tax or the determining minin gas as to the issuance of bonds only registered voters can take part in an election for school trustees as pro vided aided for in section 30 but at a financial election the taxpayers who will have to meet the expenses to be incurred who are interested in the matter at issue and who should of right have a voice in its determine tion are qualified to cast their ballots whatever may be said in regard to the justice or injustice of excluding from an election for school trustees any of the parents of children to be placed under the direction of those trustees it will not be denied that to levy a tax or issue bonder bondar without the consent of the taxpayers to is manifestly unjust and oppressive itis it is wrong in 1 n principle Itis 11 is opposed to every sentiment of fairness it is republican anti in its very ess essence nce and we believe it is contrary to law and would not be sustained by the courts wedo we do not think thattie that the board of education can legally issue bonds passed upon in any such way we believe trouble will grow out of an election for this purpose from which large numbers of taxpayers are excluded we are sure that the question ought to be tested it is of too much importance to be allowed to pass without a full and complete trial it is a question of right it should be carried to the highest court of appeal if necessary that might hinder the building of schoolhouses perhaps so but better delay them for fora a short time than to have a right like this trampled upon and stamped into the mire thesues the question to be voted upon has no reference to politics or party this to is not an election in that sense careful reading of the two acts of congress regulating election affairs in utah and defining the powers of the commission will ashow abow that they relate to the choosing of persons to hold official position in this territory but this is another matter entirely it dof doek not belong to the jurisdiction of th therom commissioners ners it to is outside of their powers they have no more richt to meddle with it than they had to formulate oaths and make orders 21 and exclude from the polls ex polygamists as they did until brought within the line of their authority by the supreme court of the united states stated As we have said the appointment of thebes the judges Jes of election is a comparatively small matter it might be pawed passed by without much resistance but the issuance of bonds the lote interest reston on which to is to be met by the taxpayers without an opportunity for a large number of them to approve or disapprove of the debt is not to be let slip and paw pass into a custom which may bring additional evils of a similar character and develop into a system of wholesale oppression and spoliation we trust the utah commission will weigh this matter thoroughly before proceeding in opposition to the statute and to the principles of reason and of right |
