13 Utah 484 | Utah | 1896
This action was brought to determine the title to the office of attorney iof Ogden City. The plaintiff was appointed to the office on the 14th day of January, 1894, qualified, and entered upon the discharge of its duties on the next day, and continued to discharge them until the defendant was oppointed, qualified, commissioned, and took possession, on the 26th day of January, 1896. Under the territorial law, the plaintiff’s term would have expired on the 14th day of that month, but the territorial government was superseded by the State of Utah on the 4th day of the same month. The plaintiff claims the office under section 10, art. 24, of the constitution of the State, viz.: “All officers, civil and military, now holding their offices and appointments in this territory by authority of law’, shall continue to hold and exercise their respective offices and appointments, until superseded
But it is argued that the provision of the territorial law authorizing the mayor, with the consent of the council, to appoint the city attorney, was repugnant to section 9, art. 4, of the constitution, viz.: “All general elections, except for municipal and school officers, shall be held on the Tuesday, next following the first Monday of November of the year in which the election is held. Special elections may be held as provided by law. The terms of all officers elected at any general election, shall commence on the first Monday in January, next following the date of their election. Municipal and school officers shall be elected at such time as may be provided by law.” The first clause of this section fixes the time for holding all general elections, except those for municipal and