Show IN FARRELLS FAVOR the weber county 41 given to the Ll beval on saturday night december the 1887 in the first district court judge henderson Hender aoH gave a decision in the case of oram wm farrell vs james jamb pingree Pinn ree which he had bad under advis advisement ment for considerable time the matter involved is the title to the office of treasurer of weber county at the ahe next election after the pas passage of the law of 1886 quoted in the judges decision mr pingree was elected to the office ot of county treasurer for two years his predecessor had been elected three years before for a four years term and the law of reduced the term of office of county treasurer to two years the office was surrendered to mr pingree and one year later mr farrell received a number ot of votes for the office there being none cast for any candidate he instituted prace proceedings edings against the present prefect incumbent and claimed the office on the ground that the act of the legislature could not s affect an existing term and therefore there was no vacancy at the time mr pingree was elected nor until a year lift afterward erward mr pingree claimed that the act went into immediate effect and that his election was proper the facts in the case were not disputed and the question of law as to whether or not the act of 1886 operated to shorten the terms of officers previously elected was submitted in the first II district strict court and was decided in the neat lve by the judge in the following bi opinion pinion UTAH TERRITORY WILLIAM FAun riLL plaintiff TS JAMES Fix GREE defendant in this cause the facts are and the only question involved in ln the th case is as a t to 0 whether the amendatory statute of 1886 laws of 1888 page sl 51 amending section of the compi compiled rage ed laws ot of 1876 so changes the law that it acts upon and terminates the office of county treasurer sorer surer already begun at the time the amendatory statute was passed the section of the co compiled led laws above referred to and before the amendment reads as follows SEC the treasurer shall be elected by the qualified electors of their respective counties at the time of the general election of the territory whose term of office shall be four years and until his successor shall be elected and qualified the statute of 1886 is as follows SEC 1 be it enacted by the governor and legislative assembly of the territory of utah that section compiled laws of utah is hereby amended by striking out the word four in the fourth line of said section and substituting the word two two in lieu bieu thereof the plaintiff contends that tins this amendment only related to terms of office commencing after the expiration of the terms then already begun while the defendant contends that it operated at once and terminated the terms of office already begun began at the end of two years from the time of their election anti and this is the whole contention I 1 have been referred to a great number ot of cases upon the subject of the construction of various statutes ahe limited time allowed me does not permit of such an investigation vesti gation as I 1 should like to make but the authorities referred red to establish some rules tor for the construction of statutes in the first place there ii u no doubt but that the legislature have the right to change the term of an office at any time where ithe the office is purely a legislative one the only question in this case is did it intend to do so 3 A well settled able of construction of statutes is that they should noi 1101 be given a retrospective effect unless the alie intention is clearly and explicitly manifested in tho the act it itself elf before the passage of this amendatory statute the people of 0 Weber County pursuant to law designated their treasurer far the term of four years the amendatory st statute a t without any ex explanation la nation or statement nt asto Us its effect simply simply amended the old law by IV striking out four years and inserting III in lieu lien thereof two years I 1 cannot believe that it was the intention of the legislature to annul and set aside the action of the electors but that they rather intended that when the terms of office already commenced should expire that a all t terms should be for two years C colleys cooleys Coo 0 0 le leys Is constitutional tut ional limitations page 45 6 the people vs haskell hackel 1 ath california I 1 anink that the authorities fairly lish this as the proper construction of this statute in march last an act wa passed by the congress of the united states and in that act it was provided as follows SEC 19 that hereafter the te judge age of probate in each county within the territory ariit ory I 1 of utah provided for by the existing e ii aws s t thereof hereof shall be appointed by the president deit of the united states by and with the advice and consent of the senate and so much of the laws of said territory as provide for the election of such judge by the legislative assembly are hereby disapproved and annulled here was an express declaration that f from rom and after the passage of that act the president should appoint the various judges of probate and it further repealed the laws of the territory providing for their election this statute statutes as is generally known hns been construed to apply to the terms of of office to commence after the expiration pi ration of the terms which had begun n a at t the time the act was passed tu the h e a attorney t torne general beneral of the united states so advised ge the gp president r as to the construction tie n of this law in the california ease case above referred to the court expressly recognized 0 the right of the legislature to change ange the term aad tenure of a legislative office mee but they found aid hold held that the set act under consideration did not attempt to flo do so upon the principle of construction above referred to to that laws should not be given a retroactive effect without an express declaration to that effect I 1 am of opinion that the amendment of IQ 1986 W only operated upon terms of office to be begun itt id the fatute that therefore there was a vacancy ia i the office at the time that the plaintiff was elected and that he is legally elected treasurer ot of the county A judgment should be entered to that effect U H P HENDERSON |