Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-02-18
THE-AsYLUM DEFICIENCY BILL.

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TILE ASYLUM DEFICIENCY BILL.
What will the Governor do with tile
Asylum deficiency bill?" was the ques-
tion asked by good many people yester-
day. The bill referred TO, which was
sent TO the Governorfor his approval or
disapproval two days ago, is assfollows.t
WHEREAS, BY the provisions of an Act en-
titled "An act repeating section 81, Chapter
XXXI., of the Laws of 1SS0r approved Feb
ruary 9th, 1884, the Territory became liable
for one-half of the care and keeping of the
indigent insane; and 1HE %
WHEREAs, The Board of Directorsfo fofl the
Territorial Insane Asylum,s as appears by
their biennial report ending December 31st,
1885, found it necessary for the completion
and furnishing of said asylum to borrow the
sum of thirteen thusand dollars: and ~ v
WHEREAS, Other liabilities aggregating
the sum of S3,451.15 are still existing against
said Asylum;
TfrEREroRE, BE IL enacted by The Governor
and Legislutiye Assembly ffhe Territory Of
Utuh: That there be and Is hereby hppro
priated the sum of twenty thousand dollars
out of any moneys in the Territorial Treas
ury not otherwise appropriated, for the OBJ
jects hereinafter specified; lr,gr,n.,t A
For borrowed money ey.-,.,....,., S13 900 90
For Territorial portion, care and 'lA@i q
maintenance Of INDECENT insane. 3,5ts.s 80
For miscellaneous liabilities,... 3,451. Id
Total ...........lLA. N lS2OyOOO.O
The question with the Governor now
is,HCan he, without stultifying himself,
without receding from apositioh in which
the Organic Act Of the Territory sustains.
him, give this bill his approval? That
provision for dtheE -hquidation2 Of the
asylums $ Indebtedness ought TO be made,
and money appropriated forits mainten-
anee i'm the future, is clear to all. But
in, view OF the fact that the Legislature
stubbornly refuses toErceognize the right
OF the Executive to appoint the officers
who shall han die the money here sought
to be appropriated, how can the Gov
ernor bring himself, to see that it is his
duty to'approve this measure?
In his message to- the Legislature,
Governor Murray made the following
recommendation: 4
gIfreconinend the repeal of all laws and
parts Of laws inconsistent with section seven
10 Of the. Of Congress Establishing the
Territory of Utah. All Territorial officers
created by Territorial Statutes are holding
on by Virtue OF unauthorized md unlawful
elections, some of them held years ago, and
contrary to the laws of Cotigressc can adjudi-
cation of the Supreme Court Of the Territory,
the decisions Of the Utah Commission, and
the late. decision Of, Hon. A. H. Garland,
Attorney -Generalo Of the United States ~,
In supportpof his position andqrecon.
mendations, the Governor submitted for
the consideration Of the Legislature the
decision sof Attorney General Garland
above referred to, from which the follow,
ing is taken:amiis3 bHE siaHlincD .sril
Upon examination of the statutes enacted
bysthe Ierritorial Legislature, oit4 appears
that the Superintendent, Auditor, and Treas-
urer are hereby required to be elected ,bi-en-
nially at the general election by the qualified
Of Utah, 1876, page ~; act Of February 23
1878, chapter II, Laws of the rwenty-third
session, pnaa.2!) -..,,. .s,--rr.. 81, -
of the act of Congress of September 8, 1850
chapter b1), declares that 6theS Governor
shail nominate, and by and with the advice
and consent of the Legislative Counsel, ap-
point all officers not herein otherwise pro
vided for" And as the three Territorial
officers last mentioned are not therein
otherwise provided for" a.direct conflict
manifestly exists between, the STATUTES of the
Territorial Legislature above referred to and
the organic law. - - ~ - -
The organic law of Territory takes the
place of constitution as fundamental law
of the local government. 1t is obligatory on
and binds the Territorial authorities. INA;
tional Bank Va. County of Yankton 101
United States, - Any Of the Terri
must be held void. Ferris VS.. Higley, n
Wall. 375.1 Congress may. undoubtedly
make void act of the Territorial Legisla
ture valid and n valid act void. (l01 u. $
some Legislative act ON its part having tn,
effect would be necessary. Certainly nothing
can be einpifed in favor of the validity Off
Territorial statute which conflicts with N
express provision of the organic law of til,
Territory from the mere fact that Congress
has not disapproved it t-asss--s'1 -
II follows that the statutes of Utah, in S,
far ms they require the Superintendent o
District Schools, Auditoro of Public Accounts
and Treasurer of the Territory, : to b,
elected, being contrary to the organic Law
hereinbefore mentioned, are n nullity, ant
that those officers should be appointed, il
conformity to that PROVISION. = a.',;.,
A similar provision was reached by tn
supreme Court of that Territory inregardt I,
the Territorial Marshal, who, by an act o
the sIegislatpre, of the Territory, was re
qired. to be elected byla Joint vote.of bot
houses thereof. The Court. held the act T.
Ne Observation-Disclosures ftne l1rONlAiOnB q
the organic law above adverted to, an,
therefore void. (See er I)arte Duncan, etc
Utah Rep, 3D. h9 gJqlgU
In pursuance OF the authority yeste
in him by the Organic Act, as pointed on
in the above bleeision, the Governor som
time ago sent to fhe Council the follo@in
nominations: For Superintendent
Public Schools. Parley l.. Williams; 10
Auditor, Arthur Pratt: for Treasurer
BoliyarRoperts, The Council, howevel
up to the present time, have declined I
recognizertbe eGpyernor's right TO max
these appointments, and refused TO COZ
firm,tl,e nominations. = The consequence
is that the offices aforesaid are. I,
day held by men who haven lawf,
right thereto, and ii the Governor shoul
him, hsSTby sfhM bet H HEoul
place shimself in .ihe unenviab
light of an official who has reccded froi