The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-01-26
LEGISLATION.
Judge Snow Gives a Disserta-
ton on the Subject.

SALT LAKE CITY, January 25. 1888.
EditorSsHera
A little more than three years ago
I wrote few letters on the subject
Of our laws, referring to our revenue
acts, particularly noting our school
laws and laws relating to the poor.
These letters you published. Ithen
intended to resume the subject in
about two years, yet I have delayed
until now. There have been reasons
for this delay, not necessary to men.
ton. II time and business will
permit shall hereafter refer to
these acts, and attempt to show
their operation on the citizens.
Good faith to the citizens and the
general good of the community is
no doubt the object of the law;
but it is not every law that works
the greatest good to the greatest
number, nor do all law makers enact
laws in good faith. Some times
they omit to legislate on subjects
of the greatest Importance. some
times they use terms which tend to
obscure rather than make clear their
intent. Some times as it seems to
me they enact laws with an intent
to harrass and oppyess, to prescribe,
decapitate and take away Or with
hold rights; if so, what can the
citizen do?
The legislation among ourselves
and concerning us has caused me
recently to examine and re- examine
more carefully, and 1 think more
thoroughly than formerly, the
rights, duties and intent of the legis.
lative branch of the government.
In this examination I find We are
not the only people who had to con-
tend nor who are now contending
for nights, nor who have been COM
PEELED to assert them and to risk
their lives, their fortunes and their
sacred all. Such has been the case
more than once. Such was the case
with our immediate ancestors. In
all these good and evil came. It
may yet be that with the evil good
will come to US.
In relation to legislation,
find soma ideas not new to
me, yet not often spoken of. I will
notice few. There is no method
known to the law to compel the
Legislature to legislate on any par
ticular subject. If the people need
or even want legislation on any par
ticular subject, and the legislators
do not want it, and therefore neg
lect or refuse to legislate, the courts
cannot compel action. The only
remedy the people have is to elect
others in their stead.
Evils, as We call them, often come
in governments, arising from the
neglect of the Legislature and from
aggressive legislation. will sug-
gest few.
In State governments it is COM
mon to declare in their Constitu-
tions that the legislative, executive
and supreme judicial powers Of gov.
eminent ought forever to be separ-
ate and distinct from each other,
and in the same instrument to de-
clare that no freeman ought to be
taken, imprisoned or diSseiZed Of his
freehold, liberties or privileges, or
outlawed or exiled, or in any man
ner destroyed or deprived of his
life, liberty or property taxed by
the law of the land, and to provide
for certain officers, such as the gov
ernor. the judges of the supreme
court and an auditor, treasurer
and an attorney general, and di-
rectly state that each shall have a
salary to bs prescribed by the legis-
lature, which shall not be increased |
or diminished during the incum-
bency of the officer.
Suppose this to be done and the |
Legislature after these officers are
elected and enter upon their duties |
neglect or refuse to designate the |
salary, or designate salary wholly /
inadequate to the purpose, or desig-
nate q reasonable salary but neg
lects or refuses to make an appro.
priation for them, or neglect or re-
fuse to levy tax with which to
raise the money, what's to be done? |
I have before said the Legislature
can not buy the governor nor buy
the judicial department. nor buy
the auditor, treasurer or attorney |
general or be compelled to Iegislate
on any particular subj ect nor in any
particular manner. But such things |
as these seldom happen. If they do
1t Is against those who
are in the uppermost seats, and
a clamor soon follows, until the
power behind this Constitution and
the law or want of law compels ac-
ton. But If the laws necessary for
the due action of these high func.
tionaries be passed, and the Legis-
lsture provides for probate judges,
justices of the peace, sheriffs and !
constables, with penalties for neg
lect Of elections or abuse of pow
ers, and at the same time neglect |
to provide for fees suited to their
respective calliDgs, what is to be
done? lam now speaking concern
ing officers in the common walks Of |
life. In many Of these cases all the |
law commands them to do they |
must do, pay or no pay. How does
the declaration that all men are to |
y