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


The organic law. however (see SECTION - g O. o
+ba oct nj CONGRESS of September 9, 1850, chap
Tor 51l declares that "the Governor snail nom
mate and by and with the advice and consent
OF the Legislative Council appoint az o1dea nd as
tho thrae Territorial officers last mentioned are
not %therein otherwise provided for dlrect
nonf,int manifestly exists between the statutes
of the Territorial: Legislature above reIerreu
to and the organic law r.;.oxr +otes tbs
place of constitution as fundamenlal law ,,d "
the local government. 1t is oDlgatory on amI
binds the Territorial authorizes lNes.U.' utota
Bank Us. County OF 1ankton, 1o1 ia,ot,re in.
consistent Herewith must be held void. lrer-
ris VS.. Higley, 20, Wall. 375.) Congress, may
undoubtedly make void act OF the Ierrlt0rlIai I a
Legislature valid and valid act void. llOl U.
s. suprq.l But for the exercise of this power
some Legislative act on its part having the eHecl
would be necessary. Certainly nothing can pc
implied in favor of the validity of TERRITORIAL
statute which conflicts with an express Prov,
sion of the organic law of the Territory from
the mere factthas Congress has otdlsapproVeo
1t 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 nullity, and that those officers
should be appointed, in conformity to that pro-
vision.
A similar provision was reached by the Su-
preme Court of that Territory in regard to the
islature of the Territory, was required to be
elected by a joint vote of both houses thereof:
The Court held the act to be unconstitutional
with the provisions of the organic law above
adverted to, and therefore void. (See Er parte
Duncan, &c, Utah Rep, 81.
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. 41)
By the third section of the Act of Congress of
February q, 1855, chapter H. a certain guam
tity OF land was reserved for the establishment
tion at the Legislature, etc. The Legislature
of the Territory provided for the selection of
this land by creating a Board OF Commission
ers, to consist of three men, elected as above,
and deyOlving upon such Board the duty of Sc
lecting the land. / am of the opinion that the
Territorial Legislature, by virtue of said Act,
was invested with full power over the seiec-
tion OF the land, including the establishment
of the agency by which such selection was to
be accomplished. 1t was at liberty to devolve
the duty of selecting on officers already ere
ated or authorize the appointment of persons
for that purpose by such officers or by the Gov
ernor or otherwise provide the instrumental
effect
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. H. GARLAND,
Attorney-General
Hon. L. @. C. LAMAR,
Secretary of the Interior.
Conforming my action with this opinion,
/ have yielded the right claimed by the
Executive to appoint "The Commissioners
70 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-
Iayed 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,
| fear, worse than mistake of your prede-
cessors in overriding the law of Congress,
and thereby continuing an unlawful Terri
tor1al 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,
Questioned by the Legislature. Your prompt
attention to this important matter is asked
for the reason that very important business
Ind educational interests are involved, and
t is questionable if the bonds heretofore
ylven by these de tacto officials would pro-
ect the public in case of unlawful expendi-
ures, defalcations or malfeasance in office. |
MARRIAGE LAWS.
l recommend the passage of the follow
ng marriage law, which I am advised is |
in bill now pending before Con-
,ress and applicable to Utah:
That every ceremony of marriage, or in the
!ature OF marriage ceremony of any kind in
Jtah Territory, whether either or both or more
# the parties to such ceremony be lawfully
ompetent to be the subjects of such marriage
r ceremony or not, shall be certified in writing
y certificate stating the fact and nature OF
uch ceremony, the full names. of each of the
arties concerned, and the fulf name of every
fficer, priest and person. by whatever style or
eslgnation called or known, in any way taking
1hich certificate shall be drawn up and
SIGNED BY THE PARTIES
o such ceremony, and by every officer priest.
nd person taking part in the performance of
nch ceremony, and shall be by the officer,
rest or other person solemnizing such mar
age or ceremony filed in the Office of the Pro-
ate Court, or, if there be none, in the office of
he court having probate powers in the county
: district in which such ceremony shall take
lace, for record, and shall be Immediately re-
orded. Such certificates shall be prima facie
Tidence of the facts required by this act to be
ated therein, in any proceeding, civil or Grim
lal, in which the matter shall be drawn in
lestion: es Any person who shall violate any
lllty OF misdemeanor, and shall, ON conyic- /
on thereof, be punished by fine of not more
an one thousand dollars, or by imprisonment
hments, in the discretion of the court
That every certificate, record, and entry of J
~ kind concerning any ceremony of mar I
age, or IN the nature OF marriage ceremony Y
any kind, made or kept by any officer, cler-
man, priest or person performing civil or ec-
functions, whether lawful or NOT.
any Territory of the United States, and any I
cora tnereo1 IN any ONCE or place, shall be
SUBJECT TO INSPECTION /
al an reasonable times, by any judge, magis-
tie or ofilcer OF Justice appointed under the /
thority of the United States, and shall. on T
quest be produced and shown to such Judge
lglstrate or officer, by any person in whose
rson who shall violate the provisions of this n
,t1on shall be deemed guilty of a misdemean- |.
and shall, on conviction thereof, be punished
nne OF not more than one thousand dol
S, or by Imprisonment not longer than two
ars, or by both such punishments, in the dis "
tion of the court. And it shall be lawful for 7
United States Commissioner, Justice, Judge q
Court, before whom any proceedings shall be ~
lding in which such certificate, record or on. Il Il
may be material, by proper warrant to q
Use such certificate, record or entry, and the
*, document or paper containing the same,
poses OF such proceeding. Is
nat nothing in this act shall be held to pre- -
1t the proof of marriages, whether lawful or o.
awful, by any evidence now legally admis- 1T
lie for that purpose. bs
DOVER. Oo
repeat my recommendations to former ne
!islatures relative to the right of dover. or
tice demands this right for wives, and St
ry enlightened argument favors it. ar ar
10 State or Territory is it denied, except M
're something better is given. To bestow
dover or its equivalent, is an ANOMALY.
present law is sham. m,
puR11c orpuNsr. tel
-, -1l''1'' of
,.eI asooiLaenu '.nIlla Sne ehactment OF laws gu
itation, commensurate with the law of no
gress, or. interpreted by the Supreme to; ,a
rt of the Uuited States, and against ha Io'
st, seduction, bastardy. adnItery md Is