The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-02-17
THE GoVERRoRsHIP.

1t is hardly worth while to con-
tinue the discussion as to who is
Governor, or whether or not we have
a chief executive in this territory.
The matter was clearly settled in the
minds of intelligent people days ago.
But for the benefit of the alien head
of the Tribune we quote some passages
of the law, which may have the effect
olehowing him that for the hundredth
time be has made an ass Of himself.
Ia Sundays issue of our esteemed
morning contemporary the editor
labored hard to prove that Governor
Emery "is no longer Governor of
Utah." and, as is quite natural and
customary with him, he had to in
ject few falsehco1s into his article.
He asserted that "the general belief
of the lawyers in this city is that
Governor Emery has been retired TO
private lite;" whereas the exact
opposite is the truth. No lawyer in
this city doubts that Emery is yet
Governor, for a man who would
doubt it couldn't be lawyer.
The provision in the organic act
o! the territories, as it appears in the
Revised Statutes, reads:
Section 1873 The governor and secre-
tary for each territory snail, before they
act as such, respectively take an oath
before the district judg-, or some justice
of the peace in the limits Of the territory
for WHICH they are appointed, duly
authorized to administer GA rs by the
laws in force therein, or before the chief
justice, OF some associate justice Of the
supreme court OF the United States, TO
support the Constitution of the United
States and faithfully TO discharge the
duties Of their respective offices. etc.
The taking of the oath is just as
essential and necessary to the Gov
ernor, before be can act, az is mis-
commission by the President. Up to
1876 it VAS the quite common prac-
tee among governors and secretaries
appointed 10 Offices in the territories
to take the oath in Washington and
litter about there OF elsewhere, draw
ing salaries sometimes for months be-
fore they reached their posts of duty.
In the year named, there vas at
tsched to The territorial deficiency
appropriation bill the following,
which is still in force:
And hereafter payment of salaries of
all Oticers of the territories of the United |
States appointed by the President shall |
commence only when the person an |
pointed to such Office shall take the |
proper osth, and shzu enter upon the |
duties OF such territory; and said oath |
shall hereafter be administered in the |
territory in which such Office is held.
There is a rumor afloat that Gen.
Eli H. Murray, Of Kentucky, has
been nominated and confirmed Gov
erDor of this territory, but the rumor
lacks official confirmation. and no
such person has taken the oath of
Office before either OF the Supreme
Court judges. Mr.. Emery's commits
sion runs until his successor is duly
qualified, and if no successor puts in
an appearance and qualities until
doomsiay, Mr.. Emery will he Cover
nor until that important day.
This is not question OF preferences
Of men, but one of law. If the
executive we're the most popular OF
officials, or the most offensive and
Objectionable, be Rolld be Governor
IL the same. Official acts required {
rom the Governor can only be legal 1
Yhen performed by Governor Emery q
0 long as that gentleman remains in !
be territory and his successor does o
OF qualify. 20