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

ruary 9th, 1884. the Territory became ilabl
for one4haf of the care and keeping of tn
Indigent insane; and q q II
WHEREAS, The Board of Directors of tn
Territorial Insane Asylum, as appears b
their biennial report ending December 31st
1885, found it necessary for the completion
and furnishing of said asylum to borrow tn
sum of thirteen thusand dollars; and
WHEREAS, Other liabilities aggregatins
the sum of $3,451.15 are still existing agains
said Asylum;
THEREFoRE, Be IL enacted bg the GoceTnloi
aud Legisldtiue Assembly of the Territory O
Utah: That there be and is hereby appro
priated the sum of twenty thousand dollars
out of any moneys in the Territorial Treas
ury not otherwise appropriated for the oh.
jects hereinafter specified: ~ d ~ '-
For borrowed money .-.... $13, 900. .0(
For Territorial portion, care and sid
maintenance of INDECENT insane. 3,54S.Sf
For miscellaneous liabilities. ~. 3,451 Ii
aoo mn m
lOJdt E N-V,VVo.oN
The question with the Governor now
is: Can he, without stultifying himself,
without receding from a position in which
the Organic Act OF the Territory sustains
him, give this bill his approval 2 That
provision for the liquidation of the
asylum S indebtedness ought to be made,
and money appropriated for its mainten-
ance in the future, is clear to all. But
in view of the fact that the Legislature
stubbornly, refuses to recognize the right
of the Executive TO appoint the officers
who shall handle 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
recommend the repeal of all laws and
parts of laws inconsistent with section seven
(7) of the act of Congress establishing the
Territory of Utah. All Territorial officers
created by Territorial statutes are holding
on by virtue of unauthorized and unlawful
elections, some of them held years ago. and
contrary to the laws of Congress, an adjudi-
cation of the Supreme Court of the Territory
the decisions of the Utah Commission, and
the late decision of Hon. A. H. G inland,
Attorney General of the United States.
In support of his position and recon-
mendations, the Governor submitted for
the consideration of the Legislature the
decision of Acknowledgement Garland,
above referred to, from which the follow
ing is taken: ,...,
Upon examination of the statutes enacted
by the Territorial Legislature, it appears
that the Superintendent, Auditor, and Treas
urer are hereby required to be elected bi-en-
nially at the general election by the qualified
voters of the Territory. (See Compiled Laws
of Utah, 1876. page 247: act of February %,
1873, chapter IL, Laws of the Twenty third
session, page %. D. setr trsaE frt
The organic law, however, (see section Z.
of the ant of =Gsf.sr.ess ,f Gnr.4a.,,l,ar 1esn
chapter 5l), declares that f1the Governor
shall nominate, and by and with the advice
and consent of the Legislative Counsel, ap-.
point all officers not herein otherwise pro-
yided 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 a fundamental law
of the local government. 1t is obligatory on
and binds the Territorial authorities. (Na-
tional Bank VS.. County of Yankton, 101
United States, 29.) Any act of the Terri
torial Legislature inconsistent Herewith
must be held void. Ferris vs. Higley, 20
Wall. 375,) Congress may, undoubtedly,
make a void act of the Territorial Legisla-
ture valid and a valid act void. (101 q. S.
supra.) But for the exercise of this power
some legislative act on its part having the
effect would be necessary. Certainly nothing
can be implied in favor of the validity of a
Territorial statute which conflicts with an
express provision of the organic law of the
Territory from the mere fact that Congress
has not disapproyed it.
1t follows that the statutes of Utah, in so
far as they require the Superintendent of
District Schools, Auditor of Public Accounts.
and Treasurer of the Territory, to be
elected, being contrary to the organic law
hereinbefore mentioned, are a nullity, and
that those officers should be appointed in
conformity to that provision. .t
A similar provision was reached by the
Supreme Court of that Territory in regard to
the Territorial Marshal, who, by an act of
the Legislature of the Territory, was re-
qired 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- Ito, and
therefore void. (See ee pdlte Duncan. etc..
| Utah Rep, 3D. lH Ert.rt M s
In pursuance of the authority vested
in him by the Organic Act, as pointed. out
IN the above decision. the Governor some
time ago sent to the Council the following
nominations: For Superintendent of
Public. Schools, Farley l.. Williams; for
Auditor, Arthur Pratt; fer Treasurer.
Bolivar Roberts, The Council, however.
up 40 the present ino, have doel,nea &c,
,,a;ya,asy,,;5a Efi,as {,,,a,-,or;o ,;,bt A.. .,
these appointments, and refused to con-
firm the.neminations. The consequence
is that the offices aforesaid are to-
day held by men who have no lawful
right thereto, and if the Governor should
approve the z bill o now s. before
him, he by that act would
place himself in the tlnenviable
light of an official who has receded from
an impregnable position under the law.
and made himself a party to the handling
of Territorial funds by irresponsible par
ties. . wE-V
It occurs to us that, however desirable
the enactment of this bill into law may
be, the Governor will be fully justified in
returning it to the House without his
signature. doubtless some arrangement
can be madewith private parties by
which the moneys needed for the relief
OF the asylum may be procured and that
being SO, it is to be-hoped the Governor
will return unapproyed, moi only this,
but every other measure sent to him by
the Legislature by which it is sought 10