The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-10-08
BLACKS BLAST.
Which he Blows Into the Ears Of
Secretary Teller.
An Able and Vigorous Argument
Against
The Edmunds Law, the HOar
Amendment, the Governor Of
Utah, and the Com
miSSiOners.

Washington, September 20
Judge Blacks argument in behalf
of the people of Utah is in his most
vigorous and characteristic style,
and gives his opinions of poSt-Del-
lum reconstruction, 2 per cent. as
sesSments and other Matters as
well as the right of suffrage IA
Utah. Judge Black begins. wlt9
the statement that an election OF
territorial officers, fixed by law Ior
the 9Th of August, could not Jaw
fully be held by the officers Whom
the people had previously chosen,
and whom the Edmunds Dill mad
displaced, and the Commissioners
did not get to Utah or enter on their
duties till it was too late to make
I'D the registers and hold an cleo
ton; therefore there was no cleo
ton, and can be none till August
Sth, next year. But failure to elect
does not create a vacancy in any
office. The general rule OF law and
the specified statutes of the Terri
tory provide that ali officers shall
hold over till their successors are
duly elected and qualified. The
federal judges in Utah, knowing
this very well, but desiring to en-
large the powers Of the government,
wrote to some senator a letter, which
was received at the close of the ses-
sion, in which they represented that
general disturbance and trouble
were liable to be caused, good order
endangered, and organic govern
ment put in serious jeopardy unless
Congress would provide for
LEGAL SUCCESSORS
to all officers whose successors
would have been chosen at the an
nuai election. The judiciary CON-
mittee Of the senate did not under
stand the object or suggestion of
this. The judges wanted an act
authorizing the governor to seize all
offices, vacant or not, and I'll them
with creatures of his own. The
senators supposed that all Offices
were liable to he vacant on August
8, and Judge Black is of the be lief
that the senators had very little
idea Of what the Edmunds bill,
which they had just passed, meant,
for Senator Hoar said it provided
for a new election, to be held in a
new way, and that q new terri
torial government might be
started in three or four months.
Messrs. Hear and Bayard fixed
up an amendment to an appro-
priation bill, giving the gov
ernor of the Territory power to fill
vacancies resulting from non-elec-
ton on August s, the Governors
commissions to be good for not more
than eight months: but no vacancies
were created Oy failure to hold al
election, and Mr.. Blackburn said il
the house that every member Of the
conference committee was agreed
| that the amendment could not give
the Governor power to appoint K
Offices whose incumbents held over
yet the Governor has, within a few
days, made 104 appointments tx
various Offices, which the presen
incumbents, chosen by the people
viii not yield without a contest
Judge Black says: 81 presume h,
intends to carry his point by force
unless you (the secretary Of the in
| .erioT), Ill the absence of the Pfesl
dent, forbid him. If he succeeds, h
and the small anti-popular tactic
that backs him will possess them
selves Of
UNLIMITED AUTHORITY,
which they will use for the foules
purposes. They will seize all tn
offices as their lawful prey, put th
people under their feet, and trampl
the life out of society. OWnin
every assessor and collector Of take
and every custodian Of the publ
money, and being at the same tim
masters Of the whole police courts
magistrates, sheriffs, and constable
| thew will TeVel in plumber. It wi
not cost their ingenuity an effoI
nor their conscience pang TO bul
den the Territory with debt, SCI
/ bonds, put the proceeds in their ow
pockets and tax labor to death 70
their payment. Not public pr0pert
alone, but the lands and goods Of in
di7iduals will be taken to gorge tn
rapacity Of the false and illegitimat
rulers. Peculiar circumstances no
found in any other territory may :
and already are set up as excuse
for robbing the churches. To justif