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

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inate. and by and with the advice and consent
of the Legislative Council, appoint al oineers
not herein otherwise provided ier;u a1 ana as ss
not "therein otherwise provided fol" direct
conflict manliestly exists between the statutes
of the Territorial: Legislature above referred
to and the organic law. 49,,
The organic law of Territory taxes the
place of a constitution as a fundamental law OF
the local government II Is Obligatory on amd
Bank VS.. County Of Yankton, lOl United states
29.) Any act of the Territorial Legislature IN
consistent therewith % must %. be held s yoid; er ey
undoubtedly, make void act of the Territorial
Legislature valid and valid act void. QOl U.
s. p Bp for the eSeTGsss enp soSpa S MI beP Pee
would be necessary. Certainly nothing can be
implied in favor the validity of Territorial
sion Of the organic law of the Territory from
the mere fact that Congress has not tdtsapproved
II follows that the statutes of Utah, in so far
as they require the Superintendent OF District
Schools, Auditor of Public Accounts, and Treas
urer of the Territory, to be elected, being con
trary to the organic law hereinbefore men
toned, are a nullity, and that those officers
should be appointed, In conformity to that pro-
vision.
preme Court of that Territory in regard to the
Territorial Marshall who, by an act OF the Leg
islatllre OF the Territory, was required to be
Tho Court held the act to be unconstitutional
with the provisions of the organic law above
adverted to, and therefore void. (see Er pdrtc
Duncan, &c, Utah Rep ST.
In regard to the Commissioners, these officers
are by the Territorial statutes required to be
elected annually by the qualified voters at the
general election Comp. Laws of Utah, 1876,
p. Al.)
By the third section of the Act OF Congress of
February q, 1856, chapter III, certain quan-.
tity OF land was reserved for the establishment
OF University, to be selected under the direc-
tion af the Legislature, etc. The Legislature
Of the Territory provided fol, the selection OF
this land by creating Board of Commissions
ers, to consist of three men, elected as above,
and devolving upon such Board the duty of Sc
Letting the land. am Of the opinion that the
was invested with full power over the selec.
tion of the land. including the establishment
of Of the S which such to
the duty of selecting on officers already ore
ated, or authorize the appointment of persons
a1r that BY such Officers Or BY the Coy
ity for carrying Its will upon the subject into
The Commissioners in question are not
therefore to be regarded as within the opera
tion of the aforementioned provision of the
organic law, and their election In the manner
prescribed by the Territorial statutes is proper.
/ am, sir, very respectfully
A. II. GARLAND,
Attorney.General.
Hon. L. @. G. LAMAR,
Secretary of the Interior.
Conforming my action with this opinion,
l have yielded the right claimed by the
30 Locate University Lands" and have is
sued commissions to the persons elected to
these places. Action in the matter of ap-
pointing other Territorial officers was de-
layed until now in the hope that this Legis-
lature would, in accordance with the
decision of the Supreme Court and the
opinion of the Attorney General, correct the,
l fear, worse than mistake of your prede-
cessors in overriding the law Of Congress,
and thereby continuing an unlawful Terri
torlal government in part.
Original appointments in these depart
ments of the Territorial government under
this section of the law were very properly
made by my predecessor, Governor Young,
and his authority to do SO was not then
questioned by the Legislature. Your prompt
attention to this important matter is asked
for the reason that very important business
and educational interests are involved, and
it is questionable if the bonds heretofore
given by these de Jacto officials would pro-
tect the public in case of unlawful expendi-
lures, defalcations or malfeasance in office.
MARRIAGE LAWS.
recommend the passage of the follow
ing marriage law, which | am advised is
embodied in bill now pending before Com
gress and applicable to Utah:
That every ceremony of marriage, or in the
nature OF a marriage ceremony of any kind in
Utah Territory, whether either or bnth or more
of the parties to such ceremony be lawfully
competent to be the subjects of such marriage
or ceremony or not, shall be certified in writing
by certificate stating the fact and nature OF
such ceremony, the full names of each of the
parties concerned, and the full name of every
9nicer, priest and person, by whatever style or
part in the performance of such ceremony
which certificate shall be drawn up and
SIGNED BY THE PARTIES
To such ceremony, and by every officer, priest,
and person taking part In the performance OF
such ceremony, and shall be by the officer.
priest, or other person solemnizing such mar,
riage or ceremony filed in the office of the Pro.
pate Court, or II there be nome IN the Office OF
or district in which such ceremony shall tnkcc
place, for record, and shall be Immediately re-.
corded. such certificates shall be primd Jacic
stated therein, In any proceeding, civil or Grim.
inal, in which the matter shall be drawn in
question. Any person who shall violate any
OF the provisions oithis section shall be deemed
guilty of n misdemeanor, and shall, on conyic.
ton thereof, be punished by fine of not more
than one thousand dollars, or by Imprisonment
ishments, in the discretion of the court
That every certificate, record, and entry of
my KIND concerning any ceremony of mar.
OF any kind, made or kept by any officer, cler.
gyman, priest or person performing civil or &C.
Glesiastcal m M functions, whether lawful or not
record thereof in any office or place. shall be
SUBJECT To INSPECTION
AT all reasonable times, by any Judge. rnagIs
trate or oiiicer OF Justice appointed under The
authority of the United States, and shall, on
request be produced and shown to such iudse
magistrate or officer, by any person in whose
possession or control the same may be. Every
person who shall violate the provisions of this
section shall be deemed guilty of misdemean.
or, and shall, on conviction thereof, be punished
by fine OF not more than one thousand dol.
i ,ais. or py imprisonment not longer than two
creton Of the court And It shall Be lawfn se us for
any United States Commissioner, Justice Judge
or G9iHr,' ID 6e9Te ;s whom proceedings shall Be-
try may be material, by proper warrant In
cause such certificate, record or entry. and Tho
BOOK document or paper containing the same,
purposes Of such proceeding 0
That nothing In this act shall be held to pre.
vent the proof OF marriages. whether lawful or
sible for that purpose.
DOVER.
repeat my recommendations to former
Legislatures relative to the right of dover
Justice demands this right for wives. and
every enlightened argument favors H.
In no State or Territory is it denied, exceDt
where something better is given. To bestdw
the right of suffrage and to deny the ri0ht
OF dover or its equivalent, is an anomaly.
The present law il sham.
PUBLIC oFFENsEs.
recommend the enactment of lawa
against .polygamy, bigamy and unlawful CO..
habitation, commensurate with the law of
Congress- or interpreted by the Supreme
Court of the Uuited States and apainat
incest, seduction, bastardy, adultery and
fornication, and n more comprehensive sta.
tute against lewd and lasciyyious oondnct
and the strictest statutes against those who
entice or allure women to be victims of nm.
lawful sexual intercourse, or Co visit housea
Dt prostitution; The establishment or keen.
a, Ing ol HOUSES OF asiignatlon and prostitution