| Show the difficulties in the way were clearly shown up by mr pike who odda said there are three questions involved in this matter first the legality of the bonds bonda second the right of the taxpayers who are not registered voters to vote at this election third the authority of the utah commis commie mon ion to assume control of the election these are all of great importance there to is a conflict as to the conduct of the election or meeting provided for in the territorial statute this if wt left undetermined is likely to subvert the object of the election if the utah commission conduct the election there will be a doubt as aa to its liga legality lity because the statu statute te places it under the board of education if that body conduct it there will also be a doubt as to its legality because it is claimed that note acts of congress give the utah commission the right to appoint officers to gooon con duct elections in this territory in either case cam the bonds will likely be for no one will want to purchase them when there to is a doubt as to their legality A court must pass upon this or the bonds will be a failure so 80 in reference to the persons who are to vote on the issuance of the bonds the utah statute that provides for them rightly gives the power to decide whether they shall be issued or not to the resident taxpayers but the acts of congress in relation to elections in utah provide that only registered voters shall out cast their ballots if these chase laws apply to the election or meeting for the bissu issuing I 1 ua of bonds then every person who has had his name placed on the registry list whether he pays taxes or not can vote away the prop perty party of taxpayers who may not be registered gist ered and who cannot vote in regard to their own property rights thip to is manifestly unjust but the question Is what is the law that also can only be determined satisfactorily by a corn com potent court unfortunately there seems to be a discrepancy to la the utah statute relating to this matter sections and log provide that for the levying of taxes and the issuance of bonds as well as the election of trustees the city council shall appoint three judges of election in each municipal ward and that the election shall be held in each ward sections to provide that that for the issuing of bonds the board of education shall call a meeting and appoint three judges to conduct tile the election thereat this is a defect in the law that complicates the matter but these facts remain the levying of taxes and the issuing of ands are not in the same nature as an elect election lop of trustees the acts of congress clearly contemplate by the term elections the choosing of men for office and it is such elections only that come under the control of the utah commission also that the law which makes the issuing of bonds for school purposes possible provides that the determining of the question shall be left to the taxpayers who are interested in it and by whomsoever the meeting or election for its determination shall be conducted the taxpayers shall vote upon it while an election for trustees shall be determined by the registered voters the quickest and best way out of the difficulty is to carry it to the courts and a suit to enjoin the utah commission will bring up these questions on their merits and we hope solve them so as to make the elect election ioD valid and the bonds sound and solid salt lake wants more school houses and the issuing of bonds is the easiest way to raise the funds necessary for the purpose we believe the board has taken the right step to accomplish the end in view |
