Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-01-13
STATUS UNDER THE LAWS.

population, and yet the sovereign voice of a
| generous government, from the beginning,
has denied, and continues to deny, the re-
quests of majority of the people for ad-
| vancement to Statehood. No probationary
period of Territorial existence is declared
nor any definite number of population is
| prescribed by law. II is not years or num-
bers that warrants advancement. There are
conditions precedent-other considerations.
The Government of the United States is the
combined aspirations of men determined to
continue free government upon the earth.
| Is it not well for us to measure the grandeur,
greatness and beauty of its mighty stature,
and to look at home for the cause of the
troubles that confront us2 Is it not well to
heed the advice of the parent government
30 often given?
While the state of mind and purposes and
perplexed surroundings of so many people of
| Utah must, in measure, be felt and re-
flected by you as their representatives, there
| fore affirm that it is we'll for us to heed the
danger signals that Executive expression,
Congressional legislation and Supreme Court
decisions have given to poor, distracted and
obdurate Utah of the past, and our bounden
duty to consider the present and threatend
| legislation before Congress- relating to Utah,
all OF which | am sure in patriotic hope and
wisdom, by the Government at Washington
and by those charged with the execution of
| those laws here, are intended to correct ex-
isting evils in the Territory, and which pri-
marily should be corrected by the Legisa-
ture of Utah rather than by Congress.
AID To THE FIRST SETTLERS.
Remember the aid given by the Govern
ment to the hardy pioneers who settled Utah.
Remember that not one life of those who
settled Utah was put in jeopardy in the bat
| ties with Mexico. the successful termination
| of which gave this vast inter-mountain re-
gion to the country and to you. Remember
that not one life of those who inhabited
| Utah went out in the battles of the late war.
which preserved the life of this Nation. The
blood of the people of Utah was not re-
quired thatof Others secured this land and
preserved with it the blessings of Liberty
II Is your country, and mine On the noun
tains and in the valleys, the Government has
| given with a sheltering and helping hand
| homes for all. Is 1t too much to ask that
all should obey the laws? And is it too much
to expect that your honorable body, owing
ITS very existence to law of Congress, and
for your official services paid out of the Ma
| tional Treasury, should write laws in unison
with the laws of the country and to repeal
all Territorial statutes that conflict with
National lawsp
OUR RECIPROCAL DUTY.
Those who engage to say that Congress
having undertaken to legisiate upon certain
subjects, relieves you of any obligations to
legislate upon them and like subjects, are
as dangerous as it is fallacious.
The express provisions of the law known
as the Edmunds bill, providing for the CON
duct OF elections, etc., announce that the
law should continue in force until the Legis-
iature meets the requirements of Congress
IN M passing proper statute upon that sub
Jeot' IL therefore may not be expected that
any law falling short of expressed require
ments will permanently restore the exercise
OF the functions of the Election Board to
those named by Territorial statute.
IN my message to the Legislature two
disoharging our duties as legislators to
write such code of laws as shall, while
conserving the local necessities of the Terri
tory, be an assurance of our fidelity to the
Nation, and satisfy the exactions of public
OPINION on questions in which Utah is re-
garaea as not IN harmony with the rest of
our common country. Whether we shall do
tins or not will chiefly depend upon Won.
With you will be the imitation of measures
looking to this result. If to you it should
seem advisable, and if we be fortunate in
perfectlng those laws, by mutual consulta-
lloh ana by reaching common ground, we
may, IN conclusion of our labors, conpratI,-
late ourselves upon the contamination of n
great and patriotic work.
torseelng the troubles that would come
and which have beset many of the people of
the Territory, then earnestly desired TO co.
operate with that body to avert them by
means OF wise and essentially necessarv
territorial legislation. assure you that /
snail now be gratified to do SO with all the
earnestness and capacity l possess" But
my appeals and warnings were unheeded os
others had been by previous legislatures, and
shas Dody ieft heritage of contention aud
strife painfully we'll known to all, which in
my opinion it was their highest and first
duty as citizens and representatives to have
avoided. That failure was "a grave polit;caj
biunder far-reaching in consequent results.n
and one which the country has not failed To
appreciate and condemn.
DEFINED RIGHTS.
The powers of Territorial form of GOV.
erhinent are no longer unknown, and what
are are fighttnl subjects of legislation consistent
with the Constitution of the United States
and OF the acts of Congress are no longer
underlined. The rights of the people under
the law are now with some degree of Ger
tainty determined. The powers of the Ter
ritorial government, and the rights of all
sh she people, and their political privileges,
should be 1ealously guarded, by us as Well
as by ali citizens, and this may be done only
"a "a Welding unfaltering allegiance TO the
Uhitea States by giving aid and comfort To
me government, and in conforming lepisla-
ion ana our actions as citizens not only in
yiaaiaIhg obedience to, but in upholding and
"iaiiig III the execution of all laws.
nhost ADVICE.
The people of the United States, irresnec-
i've OF party (for at no time have the atles.
lions OF diterence here been party dues
tions), and the Government, have time and
again, ana IN express terms, declared that
Practices OF the people and theories of leo.
isIatlon indulged in by your predecessors
were wrong and hurtful and debasinp. The
PRESIDENT Will not recede from his hi0h mr.
poses, nor permit stay of the vigorous eye
cutloh OF the laws, nor will Congress- lonp
aeiay III passing necessary additional legis,
lation. IL Is idle for any to hope otherwise.
ana grlevous wrong in those who wouIi
counsel the people to hold out against the
enforcement of the laws of their country, or
y, Wno would stay your hands and mine from
tne performance of our direct duty. The
man who III practice holds to theories of n
construction of the Constitution and laws
ADVERSE to the construction placed upon
thein by the courts, endangers not only him
sell, but all who are misled by him. In view
OF the situation in Utah and the preyalenoe
o1 such advice, the duty is the more impera.
i've upon us, as the law-making power. To
conform our statutes to the adiudications M
the courts and thereby shield the people.
VINO VINO Dy our silence may be misled and even,
'uaiiy VIII reel the penalties of outraged law.
PERsIcIoUs THEORIES.
The history of national legislation demon-
strales the manifest reluctance of Congress-
20 legislate III purely local affairs. The fact
lnat congress has disapproved of much of
tne legislation OF Utah, and from time To
Time mas gone further and dealt directly will
the purely local affairs of the Territory. and |
lhat more extended legislation is now mend, |
ing before that body, impels me to ask your |
Serious attention to the fact and your con !