, 1863-01-01
NO. 90.
GOVERNORS MESSAGE.

Il Is well known to your honorable body that,
BY the organic act, the Governor exercises no
part Of the law-making power Of this Territory,
therefore there Is not the same reason for the
Executive TO give bic views Of policy 10 the as
ssmbly as would seem to be justified ir those
States and Territories in which that Depart
ment has the duty to perform, Of asserting 70,
or disappearing, Legislative enaetments, notWith-
standing it . expected the Executive win give
his views annually to the Legislative Assembly
upon matters pertaining TO the prosperity and
general welfare Of the people.
The first subject Of public interest, to which
desire 10 call your attention, will be the eodlb.
cation and republication Of our Territorial Lava
This is the tenth session Of tho Legisla-
tre Of this Territory and its statutes are spread
through as many pamphlets as there have been
sessions. OF the laws passed shortly aflsf the
organization Of the Territorial Government few
copies were printed because at that early period,
such was the sparseness Of our population, .
greater number were not needed. Since then,
emigration has greatly increased our poyolation,
and widely extended our settlements, where sew
eral new counties have Of late years been orein-
lied, thus greatly increasing the number Of pub
lie oicersi hence the copies Of the early session
laws have long since been exhausted In the
large area Of country comprising the counties oi
WallA Walla, Shoshone, Nez Perce and Idaho,
there are very few complete sets Of the laws 70
be found. Practicing attorneys are unsuppled;
and are unable TO- procure them at any price.
Even the copy now N the Executive oince, from
necessity, was recently purchased from private
library. Indeed the scarcity Is such az 70 render
Il impossible to procure copies for the use Of
members Of the Legislature, Courts, Federal
TerTtorialand County officers; especially, should
all the officers elected In the newly created cnun-
ties be Immediately provided with the laws to
guide them in the performances Of their reapec;
tive duties. The people should not bo kept L.
noFant Of the laws under which they live.
Should you think Il necessary 70 direct repub-
lcatiOn, il will also be advisable to provide Tor
proper codihcation, or revision Of al Of said hcil;
in order to render them less complicated. The
various alterations which hayeat different times
been made in our statutes, have increased the
difficulty Of ascertainihg what laws remain IN
impaired by subsequent enactments. The pres
encs Of large mass Of printed matter Is contained
in these several pamphlets many Of which have
been 50 changed and amended that great conln-
sion has been thereby produced ln revising
and reprinting these laws, al obsolete and re-
pealed acts, or parts Of acis should be carefully
excluded, that The new compilation Of lho stl-
tutes may consist Of such laws only as feihdin
in force.
Appended to the said new code, or IN q sspa-
rate volume, the decisions Of the Supreme
Court should also be published; thus would our
public officers, the courts and the people, BE- A.
ioFded the opportunity Of becoming acouaintod
with the law and its Construction. without Which
information many good and worthy citizens nav
innocently become the yiolators oil statutorv en-
actments' Of the existence Of which thev are h5k
Informed Convenience necessity ana fuafios IA
I'M neopIe reonira nronsr I,egisls,ive sction a
MS fine and i trust your honorable bodies v1l
not close YOUR labors without. adoptipa suitibIs
measures unon this subieet
should bs recresnt ~ The dntiaa 7 owe "A -
c;etv n ailed h cslI vonr se,o,,s sit.iie ~
MI and immorsI elscts gro,vino ont M m rs,di-
ness with yhich onr I,esisIative 6ssernbier hera
heretofora annnIled that rnoSt stlenn co-,.rs. n
msrrSSe' Iet ma sarnsstIv invoIe vos - sisS
M evs which resnIt from ibs I.egisisinrs e,nni.
mo 5ivorces tberehy de~trovino, the sscrsd ~.
.-S h,;es "a S,;,;sS ~ s,,slsna 80 -
0,sraIy ,,ron sbs reo,ss, ~ ,s,i,i,,, -, y
~ rs.,;aS SsS- - r','
- wjthonf intsnd;no "a isesnsss i,nob tobr L..
,n.hino nrovinee ncSn,it M ~ s,'er,s, - soof
consideretion IN isct tbst he nresens is~; a..
cIsTe maTr,sge to he Z civi con,rsct. thsrsfs-s,
IN ksas.b.s y, oi.,;ons ~ ~ S,;os -, -,
,,S,,sr s,,hlssss "a M ,dicisrv sIo-,e ana ~
~ ensc,,,..rs mon c,,e.s- 4, -
narte ststements. Tha Iavt, a Il sisn5s nnon ths
statute books IN The Territotv, hss oonlsfred nm
I,ron he co,,rts n An 800 bsl6l;Si
ing ID divorces. wbieh 4 he onlv trib1nSl 1hst
ca5 dsliheysteiv hesr and exsui,;s sll ~ r-isl
ness.s ~ hoih s,dsa ~ thos. tnfa{sb6Slk ~.
rnestic d;iirnI,;es N ihs nsyiies snnivioc a. !
dissolution of the narris9e eontraet The Ier-
;rIature seldou, has the opngrt1nitv of heaTins
INV {vitnesses even an the side of ~. eomnlai1e
M uartv. and never can have before Them All
M witnesses Connected with both battles. espe-
callv "a necessarv to ire nronef ndilIdientibn II
these cases II viii also be wen % remember.
that n divorces the Legislature cannot decree
ar enter into Judgment ior alimonv. division n
property belonging 10 the married partiea nor
legally decide whelhef the separated husband or