The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-12-07

| ton in which the community lOunu
itself Immediately after the return
of peace, prudence required that
no change be made in the con-
stitution of the civil tribunals.
But it has now become apparent
that an immense increase of litlga-
| ton has directly resulted from the
wonderful growth and development
of the country. There is no good
ground for believing that the bust
ness of the United States courts will
ever be less in volume than at pres
emit. Indeed, that it is likely to be
much greater is generally recognized
by the bench and bar. In view of
the fact that Congress has already
given much consideration to this
subject make no suggestion as to
detail, but express the hope that
your deliberations may result in
such legislation as will give early re-
lief to our overburdened courts.
ARIZONA COWBOYS.
The acting encouragement also
calls attention to the disturbance Of
the public tranquility during the
past year in the territory Of Arizona.
4 band of armed desperadoes, known
as cowboys probably numbering
from fifty to 100 men, have been en-
gagged for months in committing
acts of laWlessness and brutality,
which the local authorities have
been unable to repress. The depre-
dations Of these cowboys" have also
been extended into Mexico, which the
marauders reach from the Arizona
frontier. With every disposition to
meet the exigencies of the case, l
am embarrassed by lack Of author
| ity to deal with them effectually.
The punishment of crimes COM
mitted within Arizona should ordin-
arily, of course, be left to the terri
tOrial authorities; but it is worthy
of consideration, whether acts
which necessarily tend to embroil
the United States with neighboring
governments, should not be declared
crimes against the United States.
Some of the incursionS alluded to
may perhaps be within the scope of
the law; Revised Statutes, section
5,206, forbidding military expedi-
tons or enterprises against friendly
states), but in view of the speedy
assembling Of your body, l have
preferred to await such legislation as
In your wisdom the occasion may
seem to demand. It may perhaps be
thought proper to provide that the
setting on foot within our own ter
ritery, of brigandage and armed
marauding expeditions against
friendly nations and their citizens,
Shall be punishable as an offense
against the United States. will
add that in the event Of request
from the territorial government
for protection by the United
States against domestic violence,
this government would be
powerless to render assistance.
The act of 1895, chapter IS, passed
at time when territorial govern
ments received little attention from
Congress, enforced this duty OF the
United States only as to state gov
ernments, but the act Of 1907, chap.
ter 3d.. applied also to territories.
This law seems to have remained in
force until the revision Of the stat
uteS, when the provision for the ter
ritories was dropped. | am not adj
Vised whether this alteration was
intentional or accidental, nut as i
seems to me- THAI The territories
should be offered protection W-lich
is accorded to states by the ConSti-
tuition, l suggest legislation to that
end. 1t seems to me that whatever
views may prevail as to the policy
| of recent legislation, by which the
army has ceased to be a part of a
posse c0n1itGt1tS, an exception might
well be made for permitting the
military to assist the civil terrific
rial authorities in enforcing the
laws of the United States. This use
Of the army would not seem to be
within the alleged evil against which
that legislation was aimed. From
the sparseness of the population,
and other circumstances, it is often
quite impracticable to summon a
civil posse in places in which the
officers of justice require assistance
and where military force is within
easy reach.
The report of the secretary of the
interior with accompanying docu-
ments presents an elaborate account
of the business of that department.
a. summary of it would be too ex-
tended for this place, and ask your
careful attention to the report itself.
INDIAN AFFAIRS.
Prominent among the matters
which challenges the attention Of
Congress at its present session is
the management of our Indian
affairs. While this question has
been a cause of trouble and en-
baraSsment from the infancy of
government, it is but recently that
any effort has been made for it's
solution, at once serious, deter
mined, consistent and promising
success. 1t has been easier to resort
to convenient make shifts for tiding
over the temporary difficulties than
to grapple with the great permanent
problem, and according y the easier
/ course has almost invariably been
pursued. 1t was natural that at the
time when the national territory
seemed almost illimitable and Con-
tanned many millions of acres far
west of the bounds of civilized
settlements, that a policy should