The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1859-12-17

and House mel - an session ~ the heptesenA
is,iyes' Han, and ihe Secretary q ihs Council
read he foliowlag commatlestlon from lils Ii.
eeilsney Gopsincr cumning:
s.ExscutIvs ofise, Utah,
&c. ST. City. Dse IL, 1853. H
.aTo the President II The Council and Speaks,
o. the House Of Representatives
tlentlemen:--- Herewith I have ths honor 4
submit 10 your honorable body my annual Me-.
sage seeompan'sd BY the detailed reports q Is,
Auditor and Treasured.
every respectfully,
YOU obed ent servant,
"a. cunMise,
sGsvernor uiah Territory,
on ths instruction 81 the President, the ssers.
iary u the Council road the 35 III
GOVERNORS MESSAGE TO THE LEcls.
LATIvE ASSEMBLY
I0rH Decrnnnn, 1853.
10 he Council asi Hoass e Representatives.
m Of ne L<gtslatars IF ttahs s
The Legn.aiIss Assembly Of Eighteen hundrsi
and f.iy-e,ght aud lime, adjourned In this city
on the twenty16rst day Of January last, 10 re-
assemble on die second Monday in December II
The present year, At the Social Hall 10 this city,
al which place we arc now convened for The
lputp % 81 di,chargirg duties which dsvolve upoh
us under the authority Of the oiganic Act, for
This Territory.
During The past year the inhabitants Of this
Territory, for the most part, have been pgaee.
fully and psoftably employed 10 their various
occupalions, Bal regret 10 be Obliged TO s,as
tina, this city and the village Of Fair6eId, near
Camp Floyd, within the military Reserve, have
been the scenes q many murders ana other scis
iof violence, the perpetrators Of which have fed,
and thus eIndsd Justice. L, ..
AL communities are dishonored In proportion
10 The extent 81 which crimes are committed
with impunity In their InIist. n the organization
% the police be defective. i should be reformed,
and IL there be defieiency 10 the finances Il
these eitss, for enabling Them 10 arrest offenders,
I wouii recommend that On appropriated 30
made for their relief from the territorial tres.
curry. s q:
An act 70 estsb ish territorial govsrn-
mett for Utsh, approved ninth September,
Iti,hteen hundred and fifty, contalhs The follow
ing language. aThe Jldic Il power Of said Ter
lritory shall be vested in Supreme Court, Dis.
itIict Courts, Probate Courts, and 10 Justices oe
lhe Peace &
The jurisdiction ii said seyersi e. uric herein
provided for, both sppelIa's and original, aud
thai o. Probase Courts and Justices OF the Peace.
shall be as limifcd by lap y The Legislative AZ.
s-mbly or Ulah for The year eighteen hundred
6fty.two, passed can yet In relation TO HE Ja-
dietary afptov, fourth Of February, eighteen
hundred hFiy two. Section twenty. ninth Of that
Act reads ihus:--s. The several Probate Courts in
their respective eonnliss have power to exercise
original Jurisdiction, both civil aud criminal and
- well 10 Cnaaeery, rs Al common law, when
not prohibited BY legislative enae,msnt.s This
act also provides for sppeaIs from Probate Courts.
Tins, il viii be perceived thai your prsdeces.
scrs, seven years ago, under The construction q
the power granted by the Organic Act, conferred
upon the Probate Courts both civil and criminal
jurisdiction, in addition TO the powers ordinarily
granted TO Probate Courts. have been Infor.
Dslly advised that tho Federal Judges have yir.
,ualiy disapprOyed Of this constructions Of the
oganic Act, as indicated In this action Of the
Legislative Assembly, yet am not aware that
any case has come before these officers In such
form ss to elicit . decision upon It's merits, 90 d
to establish . legal principle. would there's
fore recommend that this question be taken up
through the proper tribunals for final decision.
II the action Of The Legislature be Sustained.
this community will enjoy the undi.puted RICH.
OF pro'ec'ton through the pronpt action Of .
tribunal always present, instead Of being obliged
70 avail the iardy action u The District Courts,
which are In sessioR but once year. II, how
ever, The decision OF The Supreme Court should
be adverse TO the exercise Of such power BY the
Probate Court. you will then be relieved from
the embarrassmenls growing out Of its disputed
powers. :&
| Col. S. G. Stambaugh, Surveyor General for
the Territory Of Utah, commenced on the twenty
sixth day OF October, 1859, an examination Of
certain saryeys made during The administration
Of his Predecessor, The accuracy Of which sur-
yeys has been quts ioned. II there surveys Be
approved, II may be reasonably supposed, that
The Government will establish Land offces here,
so soon as5ihe Indian ti,ls shall have been az
tinguished. A.s
+ 10 view Of the public lands IN this Terri, )
tory, being Offered for sale. BY the PtocIanation
Of The President Of the United States, woalt
commend 10 your consideration the pfopiieiy
Of adopting some legislation In relation to the
grants Of kanyons, wafer power, timLtr, tillsbIs
lands, and other property beiotling 10 the
United States. Iamaware that those grants arc
considered as only temporary arrangements, for
the purpose Of inducing parties to spend labor
and money In rendering the property available
Il e quite evident, however, that all these grants
will be entirely yaluless unless sanctioned by
the United States Government, in which is
vested the exclusive ownership OF these lands,
and from which source alone any valid title can
be acquired. ~ q.
UGder existing circumstances, the grsnts Of