Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-06-10
CONDITION OF AFFAIRS IN UTAH.
Good Work Accomplished by Cover.
nor ShaHeP.

Good Work Accomplished by Cover.
nor Sha6er.
Correspondence Chicago Tribune.l
SALT LAX. CITY. UTAH, May -.
GOVERNOR sHAFFER IN UTAH.
Sam Bowles asks "Couldnt Governor Shaf
fer employ himself to better advantage for a few
months in strictly and impartialfy enforcing the
laws already enacted than in urging the pas
sage of new ones? 1t is hobby Of ours that no
Governor Of Utah has yet done what was posi-
bic with the laws at his command, and we were
hoping Governor Shaffer wouldprove an excep-
ton to the general rule.'
Governor Shaffer has proved an exception to
the general rule. Under his inspiration three
mon power may be said to have been swept
away already. / allude to their creation, with
outSwarrant of law, of Territorial Marshal,
and Attorney General, the contersing OF com
and the election, by the Legislature in joint
convention, OF all Territorial officers not pro-
vided for in the organic act; whereas, that in
strument says: "The Governor shall nominate,
and by and with the advice and consent Of the
Legislative Council, appoint, all officers not
herein otherwise provided for" These abuses,
OF as long standing as the Territory itself, and
have been at least tacitly acquiesced in by
Congress, the President, and the Executive and
judiciary Departments of the Territorial Gov
Governor Shaffer came here a few weeks
since, and, after examining the ground care
fully, determined not to commission any Pro-
bate Judges to exercise concurrent jurisdiction
in all Territorial matters with the District
Courts established by Congress; not to commits
sion any Territorial officers created without
warrant OF law; not to commission any Terri
torial officers not nominated by the Governor,
and, with the consent of the Senate, appointed
by him; but, on the contrary, in the latter case,
70 appoint new officers, particularly as Commits
sioners OF the Penitentiary, who should, by the
usual process, compel those illegally holding
those offices to appear in court and show cause
why they did 50. His mind fully made up 20
this course, he was waiting the arrival of the
new United States Marshal, NJ. L. Patrick, to
commence operations, when he was suddenly
called home by the alarming illness of his wife.
THE UNITED STATES VS.. THE TERRITORIAL
MARSHAL.
Meanwhile United States Marshal j. NJ. Orr
brought suit on his own account, at the March
term OF the Third District Court Chief Justice
Q. q. Wilson presiding, against the so-caIled
Territorial Marshal, j. d. II. McAllister, for
full possession of his own Office as Marshal of
Utah, under the appointment and commission
OF the President, as per the organic act. A few
days since, at an adjourned session of said term
still holding in this city, Judge Nelson rendered
his decision in the case, which was, In brief that
the Territorial Legislature had no power under
the organic act to create such Office as Ter
ritorial Marshal. OF course, the Territorial
Attorney General falls with the Territorial Mar
shall. This is the decision that Judge Stiles was
deferred from making in 1856 by the mObbing of
his court, which, in his time, was the prime
cause Of Buchanan's Mormon war. During the
evaded or ruled the other way by the Supreme
and District Courts of the Territory, more on
grounds OF policy than law.
Improvement in their spirit and manners since
1856. Then they were violent and ready even
for war; now, says the News:
States District Courts here, whether il vas or
was not possessed by the Territorial Marshal,
has been much disputed point, and has before |
oeen raised and decided In favor Of the Terri |
tory by the highest United States judicial au-
thorify here This time q contrary decision has |
been rendered by Judge Wilson, and we have |
no doubt that it is strictly in accordance with |
have high opinion of his legal attainrnents,
and great respect for him as q gentleman We
must dissent from his ruling in this case, be- |
iieving that his construction Of the law in rela-
ton to 1t Is not the correct one."
"A little temper was shown by the Sheriff OF the |
county, Mr.. Burton, as thus :-Durng the noon /
recess OF the court he locked up the house where
~ was sitting, which belongs to the county, and /
the use of which by the court, he claimed the |
defunct Marshal had alone been responsible |
ior. Wilson, returning from dinner, found |
street. He signified to Mr.. Burton that he must |
open the house, and Mr.. Burton made a virtue |
Of necessity with his accustomed grace, and |
opened it.
JURISDICTION OF THE PROBATE COURT.
Following closely on the heels Of this decision |
came another from the ChieI Justice, DENYING !
common law jurisdiction to the Probate Courts, l
On me ground that the organic act gives the |
Territorial Legislature no right to confer it. |
Now, that these decisions are made, there is a |
disposition In some quarters to complain that /
nenisered that nothing is possible unless the /
conditions are right. With change of a very few
iegrees In the average temperature OF the globe, |
{ would be uninhabited by human beings. |
There is no use in giving orders one has no |
power to enforce. Itsis most encouraging that |
lines have SO changed i'm Utah as to permit a |
United States Marshal to bring such q suit as |
to render such decisions, without endangering |
their lives and at least insuring their removal |
from office.
CAUSES OF CHANGE IN UTAH.
Many things have cOnspired to effect this |
change. Time seems to have convinced the |
MormOns that Brigham Young is neither des- |
tined to be President OF the United States, nor |
to decide who shall be. 1t has shown the Nor |
mons the futility Of forcible resistance to the |
law. 1t has enabled civilization to overtake |
them, in its WESTWARD march, and dissipate the |
1t has effectively done away with the twin relic
of Mormon barbarism-slavery. 1t has written |
the impending doom of the surviving "twin'' in |
and the land. The government at Washington H
sees it, and all its agents in Utah are equally
keen OF vision. SO that 1t Is becoming possible,
from q change Of condition, to assert the rights
and dignity Of the government with due tirm-
ness, and 1t Is being done.
So much for making the most of the laws at
our command. With these rulings of the Chief
tees, Messrs. Hawley and Strickland, concur,
sustained and the policy Of Governor Shaffer fu,-
~ carried out the political power Of the Mormon
may be greatly curtailed but even
Mr.. B0wles must see that, without additional
legislation, polygamy cannot be reached. 1t Is
to get at Aat that Governor Shaffer and all the
rest Of us urge the passage Of the Cullom bill,
modified as in the wisdom Of Congress may be
deemed best.
SUDDEN DHATH.-Mr. Aaron Miller, long and
known as the owner and proprietor
Of the United States Hotel at Cape May, which
was DESTROYED by fire in the terrible August
conflagration, died on the It'll inst.