OCR Text |
Show CERtiFICATE MUST BE ( i The supreme court of Utah yesterday yester-day grnnted to Mavor-elecl Samuel C. Park a porcmptoi mandamus to compel City Recorder B. S. Rives to issue lo him a certificate of election to the offico of mayor of Salt Lake City. The contention Qf Martin E. Mulvoy, who was hack of the proceedings proceed-ings instituted to test the validltv and constitutionality of tho law that the ughs of ho voter to exercise his elective elect-ive franchise are restricted is held to hae no weight hy the court, which declares that the constitutional rights of the elector arc, not interfered wtih. The court's action means that Samuel Sam-uel C. Park, together with the other officers-elect, will assume the duties oi' their respective, offices in Salt Lake on January l.'and the recorder m.ist now obey the orders of the city council to issue the certificates. While the action can now he appealed to the United Stales supreme couit, or ihe commission law can be attacked at-tacked on various grounds in tho state couits, what action will he taken by Mr. Mulvey has not yet boen decided. decid-ed. He declined to dlscuBS the mat-tor mat-tor last night, saying that he could make no statement until he had advised ad-vised with his attorneys on the matter. mat-ter. The case may he appealed to the United States isiiprome court, it is j said, under section 1 of thefourteonth. amendment to the constitution, which j leads in part " ,' ' No state shall make or enforce any Taw which shall abridge tho privileges of Immunities of citizens of the United Unit-ed States, nor shall any state deprive any person of life, liberty, or property, prop-erty, without duo process of law; or donj to any person within its jurisdiction, juris-diction, the equal protection of tho laws. Other Points to Raise. Other actions also may bo started in the local courts to test the consti- I tutionality of tho hill, he decision yes- J terday affecting only that part which . apjics to the election of officers and tho ballot. However, the principal contention of Mr. Mulvey that of restricted re-stricted rights Is luled to have no v. eight. But a question still exists as to the right of the legislature in the onactmont of such a law Tt is Contended that the legislatuie exceeded exceed-ed its authority when it legislated out of oft ice certain officials who had been elected to office by tho people and who had not, and at. the beginning begin-ning of the year will not have served their Hill tonus of office. In other words, the contention remains that the legislatuie did not hao the right to remove certain ineiubois of the city council from office for the new foim of government, when they had been elected by tle people lo office and their time has not expired. This, I' is pointed out, was done by the legislature without submitting the matter to the voto of the people. It is said that lL,Js not unlikely that this question will yet he Tested in the courts xf this staljc. Rights of Commissioners. It is also pointed out that under the new law tha commissioners have a rii;ht to subpoena witnesses and eimpel their attqnduncc betorc meetings meet-ings of the commission. This is said -to be In violation "of articlo five of the constitution of Utah, which says that the powers ,o. the state of Utah shall -ho divided "into three distinct departments, the legislative, the executive ex-ecutive and the judic'al, and that uo person charged with lb? exorcise ot powers pioperly belonging to one of thee departments shall exorcise any of tho functions appertaining to an of cho others, and so on. This question ques-tion may also be raised, it Is said. |