New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-24
CONTESTED OFFICES IN UTAH.


CONFUSION WROUGHT BY THE ALLEGED VAGUE
WORDING OF THE EDMUNDs BILL-A LONG
TRIAL IN PROSPECT.
FROM Az oCc AsIoNAL CORRESPONDENT oFTHE TRIBUNE'l
SALT LAKE, Oct. S.-THE TRIBUNE's CORE
spondent called upon Governor f. II. Murray the
other day 20 get his opinion on the Impending
Mormon conflict" In to the question:
What can be done to solve the Mormon prom
lem 7" the Governor REPLIED ut is not a problem
The moment the Government decides to stamp lt OUT
the evil will crumble like egg shell In the hand Con-
gress in its zeal has taken two steps instead OF one
Instead OF legisating for the Territory, It should
annul the existing Territorial Government ana
appoint Legislature just as was done In
the beginning OF Government 1t is better
that the President should appoint Legislature tah
that the Mormon Church should do It, Then the Nor
mons would understand that the Government intended
TO suppress polygamy and they would acquesce
Shortly after the Edmunds bill passed, John Taylor
President OF the Mormon Church, said in sermon in
the Tabernacle that the bill unconstitutional, and
all you have got do brethren is to pull your coats up
about your and walt unti the storm blows over
They believe that # is only temporary Storm and viii
soon blow have all previous legislative attempts
to suppress poygamy."
In reference to his recent appointment of officials, the
Governor said under the Territorial laws elections
are held the first Monday In August for Delegate to
Congress, Territorial Auditor and local offices. The
Edmunds act provided for registration but before
the commissioners could put I'm motion the necessary
machinery for holding the election the time for the
regular election passed. Congress remcdied this by
passing the Hoar amendment empowering the Governor
OF Utah to Ill all vacancies that may occur by the non
holding of the election in August Clearly every elective
Office in the Territory became vacant by the failure to
elect and agrccably to this amendment filled those
vacancies by appointment"
But were not these officials elected for two years, and
Until their successors elected and qualified -
"The Territorial statute provides" replied Governor
Murray, but act OF Congress supcrscdes Territorial
statute Tho Edmunds bill vacated these offices, and
as the regular election about 10 20 by default that
was rcmedied by the Ioar amendment, passed on the
eve of adjournment. III regular election goes by
default I'm IA state, the official holds over until his sue
ccssor Is elected and qualified For IN states Govern
people fail TO elect they virtually reflect the official
In States the people have sovereign power ana can 10
anything not promhted ny INC constitution Oh tne
United states II * the reverse in Tcutores-they
do nothing except when specially authOtlzei ny on
cress. states govern themselves Congress csis"tes
The present Territorial Auditor IL Mormon and
poygamist. and. therefore, DISQUALIFIED TO hod once
under ne h'hilIS AZ. s ii I'M ~ T,t az 10
him on the grounds OF MS dlsaolul, PM as ne
Office vacant, filled 1t by appointment. 80 me
question of pOygamy will cu no figure IN this case It u
question as To the ute OF me nppOHtec' me
refused to surrender the Office on the grounds t4at ne
successor elected, notwithstanding the act OF Con
gross The appontce then obtained writ OF man
damus which f. rturnablc on the lOth Instant Col
one Merritt OF counsel for the holding official states
that they viii dcmlr on The grounds that writ oil
1nandam5 not the proper method OF trying the case
that it must be done by writ Of quo Warranto; tat
ths Is not question Of votes but the question OF
title to an Office; and the contestant should provo MS
title to the Office before ne out writ OF mandalnus
asking It's possession. In where man holds an
Office under the color of law, ne says the only legal way
dsposcss him Is by trial OF the title Of tue Once ana
his right to hold it, The quo warranto virtually asks
Fnrthcmnore continued Colonel Merritt, this officer
elected for two years and unt Ills successor was
cd
faultcd he holds over , 40
But did not Congress vacate these Offices "
"That dcpcndS upon how the Court VIII cOnstrue the
stotntc The amendment the Edmunds bill empowers the
Governor to ill all vacancies that may occur by reason
does not say that any vacancies would occur or should
occur Had plainly said that failure to elect IN August
contest BI r iS eq holds that vacaSeies did occur and
thata Congressional act supeF"ede' Territorial stat
when II is 50 worded But here the phraseology Is
vague and evidently does not intend TO snpsede the
Territorial statute. Some people SEQ afdlheIencc De
tween Il state and Territory but do not In state
an official can hold until his successor Is elected and
0ualincd; and IL Is the same In Tcrrt0yuness the
Territorial statute Il superseded by Act OF Congress-
and We claim that has not been done in this ease Con
ercss may have intended doing but fell short OF
The trial Of the case viii last several weeks. Very
likely the Court will override the demurrer and the
mandanus suit Will proceed. should the Court De
eide i'm favor OF the contestant then the Church party
will appeal TO the supreme Court OF the Territory, winch
meets in January. Their right 70 an APPEAL IN such
cases is questioned by the opposing side contest for
the Pro6n,e Judgeship OF tho adjoining county VIII
come up at Ogden at the same Time before another Dlr
trict Judge Should the Church party he found TO have
the right 10 appeal the matter coud be carried TO the
United states supreme Court 'l Delo'e NJ '9e ~
reached the second term of the lod0yer officials would
have elapsed. A. the Territorial supreme Court does
not meet until January the terms OF me Alboees VIII
have been filed by the November election But the mat
ter will DE further complicated even men Tor tHc NOT
mon officials will still claim their iiSnt 10 mold ana
refuse 10 surrender To those elected ON the grounds that
the Edmunds b docs not 5u2rlS an s.fcon A1 IN
their favor, the United states MhrSha must puico