The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-10-14

Il GttOy 1AetA q 1Ggut 10 cIG4LS
the Office, taey had a logical
right to prescribe the term of the
Office; and the term of Office of the
auditor is for two years, and until
his successor is elected and quail
| fed. and the latter part is just as
much part of his term as the two
years prescribed. This has as much
binding force as Il it was an act OF
! Congress itself, for the power dele
gated to them IS the power Of Con
gress itself. In 1878 the Legislature
enacted that thereafter there should
be elected an auditor at the general
election III August, whose term Of
office should be for two years, or III
iii his successor should be elected
anG qualified. And those acts
must be read together, because
the one is aAendatory OF the
other. Tie Office of sheriff is
IN tie same state, and the
cases are analogous, and when q
man holds over on account Of 2
failure 10 elect the holding over is
Just as much part Of his term as
the original time. The Hear
amendment provided for the gov
lernor TO I'll vacancies that may
happen from failure to elect at the
August election. They contend
that the amendment or the bill
created vacancies; it is further
argued that an evil existed in Utah,
and Congress desired to correct il.
1t is argued by Mr.. Marshall that in
l1S59 Utah was in rebellion, and
that they have always practieed
polygamy. The latter has not been
denied. One of the objects of the
law they say was to suppress polyg-
amy and to do so they lad to turn
out a lot Of county officers. It is
not so in regard to these officers
for they have never as far as this
court knows, ever practiced polyg-
amy. The intent OF the law is to
suppress polygamy and is made
applicable to every territory as
well ds Utah. 1t is not alone for
| Utah as the opposing counsel want
to make it appear. We come here
lin full confidence that we will get
the law properly adjUdica5ed. I
was panied to hear my friend MI.
| NJ. so faE forget this presence as
to appeal to partisan passion. This
law was not passed TO 8Kalt the
horn Of Ephr3im much less that Of
Eli, but to prevent 3 possible inter
regnUm il Utah. Had TIE amend
ment provided tha5 the governor
shall hlt sill Offices that ware not
= filed by election u August, 1882
There would have been no contest
but it provided That he should fiji
vacancies. Counsel have laid down
q good many rules OF construction
: but in q plain case like this there is
= no need OF rules Of construction
! the act CONSTITUTES Itself, for it is per
: fectly plain, and it Is not the dut7
: of the court TO go outside Of it &
! find out the intent of the Legislation
> who made it. But it is neithe
> their duty nor their power TO iniec
- into q statute a meaning or inten
Il not specified in it. If they do S
" they become lis infamous as til
,, celebrated iJudge Jeffries. Thu
l, Il first thing to find out isis there
} vacancy, If not, there is no appoint
u ment necessary; but the counse
~ tseem to think that Congress coul
! not do a vain thing, and could nc
= pass an act to fill vacancies unles
e there were vacancies to ill. Thei
y lstatement is a Tedetctio Gd 0bSu1
= dam. Congress, when it passe
II the Edmunds bill, did not rereal til
= territorial acts, but only change
% the qualifications Of Utah, an
le vacated q certain Setrof officers, tn
!, election and registration officers
e and these because they changed Ga
= programme of elections. The men
= = ton OF q class is an exclusion of a
= others, consequently the other off
y GERS are not vacated by that ac
- They had no intention Of vacatin
= ali the Offices in Utah, but only
: prohibit a certain class from hold
II ing Ciice, and all other classes hay
no power taken from them. Their
e is no charge against either Of thes
= gentleman that they have eve
. broken any law of the Unite
. States, and l am safe IN say
y ing that such proceeding q
= this would not be attempted
p any other territory but Utah. TIL
y failure to elect was not the fault {
= the people, but the fault ofCOngres
o. o. If it was the fault of the people
T. might be said you failed to elea
= and you cannot take advantage {
~ your own wrong and continue thes
= men in Office; but not being the
- fault it is different. 1t has been a
70 sumed here that because the Coy
u u nor makes an appointment it
= pTimG .fGcie evidence that the a.
y pointee has right to the Office.
~ order to show a light to appoil
y they must first show a vacancy, al
. this they have failed to do. Unle
. % they prove vacancy the Governor
= appointments are worthless. In tn
~ government we have no king
~ power, it is the people VIII cover
~ and unless vacancy exists there
81 no appointment possible. The int
. Of Congress is to be drawn from tt
q language of the statute itself; if
w. be plain, if it be ambiguous tn
" the court go outside to find the
= tent, but in this case the langua
is plain, and not easily misunde
81 stood, and these are not the kind
~ vacancies which the Governor
OF a authorized to I'LL. Surprising til
In