Show I 1 0 cl 0 imus N so well arguel JS t A aff VOID I 1 the 1 enactment I 1 Js destitute I 1 I 1 I 1 OF blaust ill 1 4 the lavra aali lot Beta I 1 I 1 I 1 I 1 1111 ME 1 1 jw S tit 1 I killed 11 THE QUESTION the on th matter cloa last eleft the argument in alo mandamus case wag resumed before judge henderson last evening dec ath at 7 p tn mr tanner opened on behalf of the city B ile contended that the writ ought to be sustained ila said the form of I 1 the ordinance requiring the registrar to register by wards was not ob ejected to by the other side but only the a it dhority of the city council to pass it I 1 and he contended that ample author ity toi sag it could be found both in the old charter and the new In corpor aaion act section 6 of the city char ter all matter pertaining to elections to the city council and taken in connection with visions clearly authorized tile pro vision for registrations and election if 0 by dhatt or wards but the authority was found in ilia now ancor potation act section 14 article 1 all cities into dames section IS provides the kind of gov cities of the second clan a all have and section I 1 of article 6 makes ig mandatory upon the cities to elect the kind of a city council for in section 18 w here the coart called nir attention to the proviso of 1 article 6 excepting certain cities from its operations intimating ogden was one of the excepted cities to which mr tanner replied he did not think ogden was excepted but if it were by the terms of that section then by section 20 it was anade ex pressly applicable and that must be accepted as the latest expression of the legislative will and must govern in I 1 he construction of tile section ile said ilia court would take ju al notice of the of the governor that this city v as of the second aclus clus and that the city having organized under the att its ordin ances valid if taa legislature Legisla turo had authority to pass the incorporation ile said further that it was con tended by the other side that the law section 9 of the w s in conflict with E d act and section 23 of the edmunds act they con tended that these acta adopted and continued in force the former election ordinance until congress should approve territorial legislation changing them but he har tanner contended that action 9 of the tucker a 1 4 I 1 d not contemplate municipal election 6 at all and that avery act afta utah commission city election a was without authority and was a tion to kiltow thit Cou grebs dia bot con template city elections be called the courts ills of act it aad that all re giatra tion and lection offices in the terri jora were declared vacant and thal beach and acry duty pertaining to elections in said should be performed ax P by the 0 n ers but there were sufficient that congress Con greEs inears it sit broad as the language would im r ly and c lies the s case of an election ilon it was an ci private corpora 1 I 1 elect fort within the terri tory and yet the court woold not presume to say such elections were contemplated in the act if th were then by the E act t I 1 must be held under the laws of the united j states and of the territory of utah and as an inspection of those laws I 1 would show that they were not applicable or sufficient in detail and that therefore no elections be held under them it would be absurd to 6 intended elections elect ioni confess r orations and the for private same arguiz t ITZ respecting fi municipal elections tho law they t be held under the then laws of the united SIR tes and 11 an inspection of of the berrito those laws woul show that they were ent for ogden at all events consisted of of beveral ogden an a legista reg istA tion law did not 1 for thick con it was claimed by kimball that congress adopted on ardi existing when IV was passed i mance that section 23 of the edmunds T acker law 0 it in force ana registration and election that be had und er the ordinance but would this tle ebion lie said it was evident construe con that U mo registration and I 1 elections were contemplated at all certain it was not WAS it intended to bocc ur under the or of the city because it ex finances din anceS essly said it should occur under tile cressly Fr awe 0 I 1 tile united states and vf the of th city a 11 an ordinance territory Terri tor y states united neither a law of the is in simply it of tho territory it nor bylaw by law the fact that municipal registration and election I 1 could not occur under the existing of states and of the I 1 laws territories terri le not intended bat invoking it was a that ei of one tile rp of all others thing is the mention of llie the express land the I 1 laws of the united states torr itol ry excludes all bylaws by laws of either it I 1 the other ide site correct corporations in their con str action of the act so far as to exclude officers municipal registration then there can be no election elect iod and tile present ofil cers most hold over indell I 1 sil tely but t ako 14 that section I 1 9 of the edmunds act contemplate 1 I only territorial conn zt and precinct officer 4 aad there Is ate all and elections may occur w ithone any chain a except in ilia offices aide SP 10 1 by the butali Cora mission 1 ae 1 d for tl 0 o desultory man tier in sia 0 o 1 ft 0 had ills ament but stated as a reason that lie biad been act voly engaged in court during the if action had been pending or since it had come to ills knowledge and had had ab nb time to I 1 repairs and present a tol fical order ja go P 11 emorgan was tb 0 next speaker ile said this case came up ona motion to quash the ci mandate because tile facts stated in it were ne sufficient to entitle the plaintiff to the relief pra 1 d tai for ile thought it was well a for it should have been more feliy set forth bat the Y thing in view appeared to havo men to overl ook that matto raial comb at once ta tile ot and ilia art vi aich davelt ii fe therefore ile would leave the motion and go to tile ultimate object sought to be reached ile said that if alo court took judicial notice of the proclamation of the governor it must do the same if tile steps taken by the city to reach the point alliod at by ilia legis lature biach as af pointing census commissioners etc the city had not any ilir ther thad that it had taken steps tc comply fill ilia enactment of the ix it had not surrendered its charter only availed isel of the amendments givel by I 1 enactment ile stated that was one would likely be brought up by them counsel for ilia opposition and that there was no enacting clause to the legislative enactment but it was not required by conteas or by the legislative powers of utah though it has bee a tile custom it was true that sometimes billi were killed by striking ont the enact ift clause but it was not done under an Y I 1 ision of law or parliamentary rule brov a existence the governor had signed the act as passed by the legislature and it was certified to b secretary Hall hence the billias virtually passed and approved whether with or without the enacting clause the judge stated that as he was not of such an easy tongue and pleasant address as big brother attorneys lest he should offend the ju dacial ear lie had dev ot some time to produce his views on a per and therefore read them to t ph court in his argument he ably de bended fended the course taken by the legislature and the city the law as passed wl th c ress ional enactment and w a an all its parts tile so in ne h disputed section 14 was again analyzed and the words existing cities defined almost ito vond y by authorities vi aich lie quoted lie was earnest and fore able in his application and made several good points greatly added to the weight of argument in favor of the bofty insisting amon other things that congress never n tended law and mak ing it irrevocable as ant c aimed by ca P tain smith during the previous eve amr ing 11 W smith responded in behall of the city registrar said that their contention wag that there was no authority of law by which U D I 1 asive could be registered as a voter in ani ward it as strange that after some thirty or forty years exist coca without election by wards it was now discovered by the illustrious a visor of the city that such was th 11 and even requirement the statute sta tate that however wai aim ply something dever thought of until the of this case brought it up the was in t was nonsense for the counsel or the court to up the wark of the legislature the enactment the form of the a bout as follows 1 bo it enacted by the govermor and legislative adem illy r of I 1 the territory of utah that he the 0 ns of tile b I 1 11 beg in these word s w ere omitted in the ill a e enactment providing for the 1 I ll 11 i gl ill id n A cities and it wax bel cause of their omission that counsel for the registrar declared it to be void I 1 le read from authorities to shok that tile custom of ki illig a bill by striking out the enacting clause instead of striking out all aft r the enacting clause had prevailed from two lieme suppose Sui pose t et had In an abri inac in tile I 1 to which lie has attached his certify cate would counsel have insisted that it was good law 1 I the practice of putting tn ito enacting clause and the of the leaving out enacting as the act has been so uniform here and in that it has seldom come into court therefore there as no direct law upon tile subject to conn sets knowledge silo said it mus t be presumed that ilia enacting ena cling clause had been out by an affirmative vote for it could not be without an enacting clause ba hole bill allows signs of being of works fixed up on the a piece the members were last sy drinking by and sleeping by day acting clauset was never in sorted tn tile oil ginal bill ilia engrossed copy of tile printed mann script but tile court was not supposed to hunt abase bi ahr up to am v was it was or nat that it was stricken out authorities feord terri tory were utilized to show that no act v v without an enacting manse of some form could be considered law tile contention of the coun sel fr the city that th a united states laws did not estop tl ei legislative body to do i thiap was denied the council mr smith stated did t lot claim to have c on ducting the e As they lone by authoritY 01 the in for years tile regis officers bad performed baties of eatable a hing the places afflis proper powers 11 t be b I 1 the ell the ct of avero on tory bad and gobi but the e e cation is provided for the exec ution congress tile law and maba i hey not allow it the would criminals who had beep stalking the abroad and all the offices for to tinker with tile of years made that tile laws and they except by their consent uns 9 they saw fit to after in a few thild an 10 the female portion of the community although 11 WO had committed no crime chev legislature could make the law and it aou ld bold good the could legislate the registration their own choice I 1 v io lation of the lie stated further that it took an iron rule to govern U tah and congress bak 00 coundit joun dit they did jio intend coo bell ferring any too great liberties of government spoil utah passed these laars with th a knowl broke 1116 who edge that men united states lava were and po b 7 the people 01 the i territory and thi m wag nothing pa bytho legislature changing eu it a state of could not go to work under the enactment and paes the ordinance without consulting tile people and that they had not lone it was a clear cabo of usurpation air tau net says alio have kea and ile vi ont let emerson corre t him it hey are not get organized I 1 arik in the name of fed hat have they left 11 it ilia pretended ordinance of the city had been passed under any authority of law tile counsel would lika to knonz here it was it did not tha power from ilia legislature and it it did it was directly in ilia teeth of the laws of congress in ickle connection connect iou I 1 will deliver a message from ilia utah commission and that is they deil ired me to state that thoy would take no lie this matter was decided and albed that a decision be rendered its speedily ai td itle as they iu a desirous of leaving having as they thought disposed of election matters in the territory for this time ila also al so stated that they would like to have the decision of the court by 1 lod 0 y I 1 possible sible thin I 1 O t could bot pro alive but set tuesday morning far the rou derin of the deci flon I 1 court adjourned sit 1045 until 10 a tn BEFORE th IE SION the in jilt Q a en contest pre yesterday afternoon at I 1 30 an informal meeting of the utah commis sion was held in salt lake city to bear tile conflicting tr iatter all the were present excepting commissioner corey accod ll 11 IV q 1 d danied byo d go lo 10 w drw the i ba ral i tion to the ordinance 1 I re co stevens and hon 0 0 idich ards atte nhA as representatives of the pon les party 11 N smith bild I 1 behalf 1 Ite glater corey and occupied an hour a d a quarter in presenting his cam I 1 Is claimed that the legislative briach ment under which the ordinance was was void as it amend passed ed congressional laws with out the approval of congress that it was void because it was with out an enacting 7 clause 1 that the anac an Y I 1 valid made it man dt F abe city 6 submit the qt in of become g a city of the ad 1 I to be citizens before as agn g an ordin ancia and which the t had not done that the ordinance adly not conform to the laws of con gross relating to utah in abort the 1310 grounds of appos i tion as have been at forth the court here ilon C C richarda in behalf of the peoples party replied to the gen points and made an able argument defending the action of the ilia course taken by the municipal pAt authorities of 09 den in accordance therewith lie spoke about an hour and a half and was followed by judge powers who closed tae argument the meet presenting becore the commission the vexed issues in lite local contest and furnish fag theta information upon which to take action said after abour hoew 1101 sion ilia commission adjourned ill monday morning I 1 fatality on dec ard 3rd ida eliza the ile ity little daughter of william and iza rebecca howell met sieb a violent death the parents reside la mountain home adoras county idaho on the day previously named the father with his little girl was driving through canyon creek in the earn county striling the horses that we re lagging they made a quick start the girkout of the wagon one of the wheels struck her on the left aide of the head ran gang from the chin upwards and cutting a deep gash neat the temple instantly trilling her the child was 3 years 5 months and 20 da a of sige no were brought to aden on friday morning over the biah northern and taken to the establishment of larkin lindquist st and to dressed for buri I I 1 he serviced ser vicel were held at the wilson meeting house at 2 pm of the day tile parents are grief stricken over tile loss of their little darling john 4 1 taker of wil 0 n ward A brought back last evening frank wa a be made the arrest in idaho ile is accused of grand larceny lie and a companion came down from montana on a hoche trading tour in this city had a disagreement ian d walta lock the remaina 1 span of horses and a wagon and mal 11 a off at bogde a lie left one of ilia horses and as Is alleged stole a cart and left for idaho an examination was held before py per last evening and waite W as re quiren to give 42 bail to AMOU was fratia 0 find sureties ile s tat gail back to ogden on ralo answer to baving purloined the cart demerel doc 8 the catholic fair the donst bous still pour tn for the catholic fair it I 1 a rate that Is inga yesterday bit john rath donsted one of his finest in ilch cow froin ills dairy and BIT rollin p sale S splendid holstein call about aoa year old there has also b en an ui n bar of 0 I 1 h at va leable artia cles of all descriptions presented by other friends during the past few doth Y q this fair promises to be abna of calra e v er most p ro |