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Show An Invalid Act H WE do not like to venture an opinion upon a M case which may finally reach the courts; we do not like to impeach in print the ma- M hired opinion of eminent attorneys, but we do M not believe that the act creating a commission M form of government for this and other cities of M Utah will bear the test of a judicial review. M We understand that the positions of the fram- M ers of the act is that, as Salt Lake City has no M charter; that as its government was framed by M a legislature, another legislature may alter the M form and In doing so may Ignore certain pro- M visions which, under a different creation, might M be beyond the power of the legislature to change. M We do not believe that reasoning is sound. M Congress and the President may give a terri- M tory statehood. That is a power vested in them M by the Constitution, but once given and accepted M by the people of that territory is there any au- M thority, anywhere, through which they can re- H voke or change the form of the constitution of H that state or withdraw a right acquired by the H -J If ' people of that state through obtaining statehood? B( j A, legislature prescribed under what conditions Hi I the people within the limits of this city might H I .have a city government, and outlined the form of that government, what its officers should be, i the lengths of their terms and the manner Hh ! through which they should be elected. By gen-H gen-H ; oral consent the people accepted the law. The H i legislature prescribed the form and the means H : through which the act was to be carried out, but H it was not in truth the law until the people ratl-Hj ratl-Hj i fled it by direct vote or by common consent. Had H ; they ignored it, it never would have been a law. H But once accepted, it then passed beyond the H power of any legislation to revoke that work ex-H ex-H cept by the consent of the legal voters of the city. H i Again, when accepted, then the laws govern- H ing other officers of the state had immediate ap- H plication to the cityj jofllcers. The gentlemen H : who framed this commission act would hardly H , claim that any legislation that might be passed H could cut the term of the Governors' office, or H the judge's offices In half. Now a city council- H man's term of office during good behavior is H just as secure to him as the governor's. There is H yet another view of the matter. This commin- H sion act arbitrarily reduces the city government's H administrative and legislative power from seven- H teen to five men. If it can do this without the H consent of the people, then two years hence it M can make another reduction and declare that M one man shall have all the authority now vested HL in the mayor, council, city attorney, city mag- l istrate and the chiefs of the police and fire de- w partment. V The act will not stand the necessary tests. It M, is an usurpation of power contrary to the en- i tire spirit of free instittuions, which we believe i the courts will hold as dangerous and a menace Mi ot the rights of citizens, and a wrong to legal V office holders, which the constitution forbids. |
