13 Utah 502 | Utah | 1896
This is a quo warranto proceeding in the name of the State of Utah, by the attorney of Weber county, to test
The plaintiff insists that the title of defendant Beardsley terminated on the 11th day of February* 1896, while Beardsley claims title until the appointment and qualification of his successor. This contention renders it necessary to interpret section 1762, 1 Comp. Laws Utah 1888, in force when Utah became a State, viz.: “The elective officers of a city shall hold their respective offices for two years, and until their successors are' elected and qualified.” And also section 1764 of the same volume: “The appointive officers of the city shall hold their respective offices for two years, unless sooner removed by the city council.” The first section declares that elective officers shall hold for two years and until their successors are elected find qualified, while the latter section declares that appointive officers shall hold for two years unless sooner removed. The defendant is an appointive officer, and his legal title to the office terminated on the 12th day of February, last, unless appointive officers, as well as elective, also hold until their successors are elected and qualified. Does the lafiguage of the two sections with respect to the term express the same idea? They are found in the same act. The first declares in express terms that elective officers shall hold for two years and until their successors are elected and qualified; the latter for two years, unless sooner removed. The language differs. The language of the first section in express terms extends the incumbent’s term until his suc,cessor is elected and qualified, while the language of the other, in express terms extends the incumbent’s term two
The legislature having limited the time of appointive officers to two years, the city council could not extend their terms beyond that time. The city is not a sovereignty. It can only exercise the power conferred upon it by the legislature. It must act within the limits named in the statutes, and not contrary thereto or beyond them.
We are of the opinion that the term of defendant Beardsley as an officer de jure terminated at the end of two years from his appointment, and since that time, he has been simply an officer de facto, unless section 10, art. 24, of the constitution o.f the State of Utah continues Mm in office until his successor shall be appointed and qualified. That section is as follows: “All officers civil and
This brings us to a consideration of the question: Does section 10 continue the incumbent under the territorial government in office under the State government until his term expires, as fixed by the statute, or does it continue his term until his successor is duly appointed and qualified? Does the phrase, “until superseded under this constitution,” mean, in this case, until the expiration of the two years as limited in the law under which he was