Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-02-06
UTAH.
Special Me sage to the Mormon LegisIa.
ture VetOing the Memorial TO Con.
gFess ON Territorial Affairs.
Governor Woods Will Not " Eat Dirt 81
He Stands by His DenuneIatiOn
Of the DisIoyaI.
The One-WIfe Law Of Congress- Must be
EnfOreed-w Oman's Rights and
Suffrage.

SALT LAKE, February 5.-A special
legislature, vetOing the memorial TO congress
ssl1ing for a committee OF investigation in
regard 70 Utah affairs, has been received. The
governor states that he is not aware that the
majority OF the people of Utah are ac-
cused of disloyalty, and does not con-
slider it necessary for congress to
investigate this charge; that he has been
cOnt1nuOu -ly confronted with open violations
Of the laws of congress- without the ability to
enforce obedience thereto, because of defect
i've and iniTaical legislation, and that he has
reported the facts 10 the federal authOri ties
and to he legislative assembly; that to ask
him TO join IN cOndemning his own official
acts as untrue and made with mali
clOus intent, is sad commentary upon
the Judgment and good taste OF
those who make the REQUEST that the laws of
this Territory, as they now stand, are made
quate for the protection of the rights of citi-
zens. 1t cannot be denied that there has not
been a uTy empannelled in this Territory for
more than three years whose verdict would
have been valid; nor can there be under the
laws now IN force. such are the decisions OF
the district and supreme courts Of the
Territory. and such, therefore, is the law that
life, liberty and property, are at the mercy of
the lawless and dishonest without the posi-
b1lity Of protection. You have been called
upon to furnish the remedy. The power to do
so is in our hands. If we do not give the
needed legislation, congress must, or anarchy
viii ensue. In the seventh section of the or
ganic act, congress gave the government
the power, by and with the advice and consent
of the legislative council, TO appoint all
officers above the grade of county officers. In
disregard of the rights thus conferred the
legislative assembly, by enactment, have
usurped that power by making all such Off
GERS elective by the joint vote of the two
houses OF that body, independent OF the gov
ernor. Attention was called to these
obnoxious statutes, asking their repeal,
but these recommendations went for
naught and the persons thus il
legally elected, including ali the Territorial
officers. were continued, and are now in of
fee. It has been repeatedly held by the dis
TFa
of the Territory that the probate courts un-
der the organized act have no equi.
ty in criminal jurisdiction, and yet
in contempt of such decisions the
probate courts throughout the Terri
tory exercise jurisdiction concurrent with
the district courts. determining questions in
equity; issuing writs of hd6edS corpus; in
some instances discharging persons by the
district courts for felonies not bailable, and
empanneling grand Juries, and putting per-
sons upon trial for liberty and life. In 1852,
the congress OF the United States enacted
law making plural marriages as now practiced
10 a great extent In this Territory. In direct
violation of that law it is not sufficient to say
the law is unconstitutional; tile supreme
court of the United States has not so decided;
until that is done 1t is the law of the land,
and should be Obeyed. In my message to
the legislative assembly in 1872 called
attentGn ion to ued The violations Of this
law prohibiting it in the future. Nothing was
done. Can we in truth say that no law OF the
United States is violated in Utah? It is
well known that large number of homicides
have been committed in this Territory,
and in many instances no attempt to
bring the persons charged with such
crimes to trial has been made. Indeed, such
are the defects of the laws that no legal con-
YictiOns can be had. The legislative assem-
bly,, at its session in 1870, conferred
the right 10 vote upon every woman
who is the wife, widow or daughter
of a native born or naturalzed citizen of the
United States, without requiring that they
shall have attained the age of twenty-one
years or perfected citizenship under the
thus comforting upon aliens and minors the
right of suffrage.