The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-02-25
THE MANDAHUs.

Associate Justice Twlss read bis
decision yesterday afternoon IS to the
demurrer filed by the respondent 10
the application OF George Q. Cannon
for a writ of mandate to Acting
Governor Thomas to issue to the pc
titioner q certificate of election as
delegate 10 Congress. The text of the
decision is printed elsewhere in this
issue of the HERALD. The court sus-
tains the demurrer as to certain of its
grounds, but overruIes Ii as to othery.
There was virtually but one essential
point in the demurrer for the court to
decide, and that it ruled against the
petitioner. 10 the plain language Of
the laity, his honor holds that the
court has no right TO Interfere with
the Governor to compel him to 60
what Mr.. Cannon wanted him
to do, namely to certify that
be (Cannou) was elected to Con-
gress. The court says that the ex-
ecutive is a coordinate branch OF the
government, its duties are defined.
and the court cannot compel the per
Torrance of those duties. This may
be the law, though there is a differ
ence OF opinion among legal gentle
men as to the matter We are
pleased TO believe his honor has salts
fed himself that his view is the cor
rect one. But, admitting that the law
hiss been correctly interpreted, in
what condition does it leave msttersi /
Plainly and simply this-the governor
Is above the law. He can do what be
pIeases, and being a Co0rd mate
branch of The government, the. courts
can neither punish nor restrain bin. :
It is q queer doctrine to be advanced
in a republic, where all are pre- t
sumed to be smeHabla to anu [
equal before the law. It seems
strange that any Office has '
been created, the incumbent Of which !
is responsible to no power, and can
be proceeded against in no manner Z
for his wrong-doing; yet this is the
case, if Judge TWiss correctly states 8
tie law. Il also furnishes another
powerful argument in favor Of aboi- /
ishing the infamous territorial sys-
tenn which permits thing so cruel !
and unrepublican as this. Tue PEG T
pie of n state have their remedy in the
case of such roguery as Murray has C
been guilty of. They can impeach
the executive and bring him to pun /
ishment. The executive officers OF
the nation are amenable to the law, \
and can be regularly proceeded \
against for neglect of duty or the ex
ercise of powers not belonging t.
their offices. But the governor OF q
territory can override the statutes and
snap his fingers at the courts and =
outraged people. He is greater than
all. A king could be no more than a
ne. And this is the broadly liberal 81
republic of the United States The
people OF the territories could not be Is
Justly censured if tley sometimes
wished for a monarchy, rather than -,
continuance of the rule that denies n
them sn the rights of citizenship, ard L
makes them the slaves Of any plug
or pot.house politician that thought q
less or wicked president may send t. h
them as monarch. A king does
sometimes listen to the sppeals of his Il
subjects, and heeds their prayers for L
relief from oppressive iunctionaries;
but how often does a president of the -,
United States kive attention to the ID
c.ies of the people of territory. who ii
are being spit upon, degraded,
plundered and oppressed by some Is
hiking reprobate sent among or ~ NJ
rather above them by the federal hi
powerl Governor Murray disregards
Ms plain and sworn duty; he sets er
aside the election statute, and fslsi "a "a
les his OATH; one candidate he does W
lot like, bat another is bis friend,
md tbough-the latter was repudisted 81
u the voters, Murray declares him ~ ~
elected. The people are robbed OF co
heir right to vote, unless they vote
or the person designated by lit
he governor. But the executive may e ey
lot be touched. he is above the hi
aw AMI beyond its reach. If he bad TT.
bought more OF Judge Mcbride or OF W