McClain v. Church, Mayor

The electorate of the city of Eureka, in Juab county, in electing a mayor and a city council of five members, divided into factions or parties called the “citizens” on the one side and the “taxpayers” on the other. The citizens elected the mayor and two councilmen, the taxpayers three councilmen. The municipal government of the city so functioned until recently, when one of its councilmen, a taxpayer, died. The statute requires the vacancy to be filled by the city council, by the four remaining councilmen, the two citizens and the two taxpayers. Each faction insisting the vacancy be filled by…