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Show ANNEXATION OF PART OF DAVIS WW HAS BEEN CARRIED Only That Strip of Davis County Petitioning For Annexation Was Entitled to Participate in the Voting on the Question Ques-tion Attorneys Quote the Constitution on the Subject of Annexation. J G. Willis and T. R. 0'Connolly. l having been called in to give a legal : opinion as to the election results per-I per-I tnlnlng to the annexation of a part i of Davis to Weber county have reah i ed the conclusion that, by the vote last Tuesday, annexation carried, as I only that part of Davis county which petitioned for annexation had a richt to vote on the question together with all of Weber county. The opinion follows Pertaining to the question of an ncving a part of Dais county to Weber We-ber county, which was the subject of political consideration at the recent election; upon the facts as stated, wo express the following opinion. It is conceded that a majority of the votes cast in Weber county favored fav-ored annexation, the question from that standpoint does not require consideration con-sideration Respecting the political conclusion reached by the voters of Davis county, and under the understanding under-standing that a majority of the votes cast within the territory seeking an-nexatlon an-nexatlon were in favor of a severance from Davis county and annexing to rher county, we arc of the opinion that the questions submitted the voters vot-ers carried in favor of annexation. We have within this state two distinct dis-tinct legislative provisions on the question of annexation, viz: The constitutional provision, and the legislative legis-lative one There is an apparent Conflict between them The constitution consti-tution provides as follows i Art. 11. Sec 3). "No territorv shall be stricken from anv county unless a majority of the voters living in such territory, as well as of the county to which It Is to be annexed, shall vote therefor, and then only under such conditions as may be prescribed by general law." The legislative provision is as fol J lows: The certified abstract of returns mus'. be filed In the office, of the secretary of state, and if it ap-j peart therefrom that a majority of those voting in each county have vot- m . I . V . led In favor or sucn unnc u iuu. secretary' of state must certify the result re-sult of such vote to the governor.'' It is manifest that the statute shall receive such construction as will ac- cord with the constitution; and. if it I be incapable of harmonious construe-1 j lion, the legislative provif ion must Field. The only special qua" ''cation rj quired of a voter residing in Davis county pcrmittiivg him to vote on, the question, is thn- he reside within ! the territory seeking annexation; without this he Is uot eligible, and his vote upon the question, be it for, ' or against, is of no moment, and ha I no elective weight. The language of the constitution Is "living within such territory;" not living within Davis county; if the voter live In Davis county, but not within the territory It rufficeth nothing, and his vote st-! st-! Lng possesses no elective power There must be a conjunction of residence resi-dence within Davis county, and within with-in the territory seeking severence j from that county, and annexation with Weber county; this residential ' qualification is imperative. .lust a' ' there is accorded the right of suffrage to all the voters in the county to which the territory is to be annexed "so there is denied the right of suffrage suf-frage to all the voters of the county of severence. except those "living in the territory" seeking annexation While it is pro ;ded in Section 48T7 that "if It appear therefrom that a majority of those voting in each county have oted In favor etc., these words must mean a majority ma-jority of ihose who have the right to vote on the question; and this lan-r.uste lan-r.uste is powerless to extend the voting vot-ing privilege beyond the constitutional constitution-al provision, whose suffrage language Is limitory. and it is not a matter of concern that th legislature was more generous than the constitution, since the former may not give to those denied de-nied b the latter. The right of suffrage Is a conferred, and not an Inherent, one. The privilege priv-ilege may be extended to some and be denied others. It is intended that the "contract njj parties." only, consent. con-sent. It may H accord with the wish es of the residue of Davis county that the severence take place, but it is powerless to restrain, and its express ciisfent fa of as little moment as those of parents when the daughter yields to the pnrvunsive importunlngr. of her lover 'lir blessings ma :is well j be extended, since the marriage Inevitably In-evitably takc-p place. The right of neverence. and of an nexatlon. initiated by the election are ' such as may be enforced by manda-I manda-I tory process. And, should any off! cer. frciu county clerk to governor neg'ect. or refuse, to perform the acts i eniolned hv the statute courts will f irther the elective wishes expressed by the voters, bv requiring perform ance. The constitu'icn confers the right of severence and of annexa tlon. The statute prox!es the rem cdy, or method, of carrying Ul6 con-stit con-stit utionallv confered rleht into effect. ef-fect. The constitution is substantive j ' the Statute adjective; the constitution i Ives the right to be; the statute supplies sup-plies the means of accomplishment; It Is modal, merely nnd points c it. rather than confers, efficient means to the end. Our opinion, therefore is that if the returns disclose a majority of the votes cast within the territory seeking seek-ing annexation favor it; and a like expression favorng it from the voters vot-ers of Weber countv; 'he secrKar;. of state must certify that fact to the governor, and the gove-mor must pro- cluim annexation; these duties ifC u joined upon these officers, and thell performance may be judicially en j fon c-d ; and. when performed, annexa tlon Is accomplished Ree perUuliv submitted J. G WILLI.-; T O'COKNOLLY on |