Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-03-19

By the act Of March 3, 1887, Con-
gress further provided that the pro
visions Of the act OF lsS2, IN TINS
respect, should remain operative
s'untiI the provisions and laws there
IN referred to, to be made and en-
acted by the Legislative Assembly
Of said Territory Of Utah shall have
been male and enacted by said AS
sembly, and shall have been sp-
proved by Congress-"
The entire legislative power was
and is in Congress, which may dele
gate to the Utah Legislature such
powers as it chooses, and afterward
change the extent OF the granted
power, or withdraw 1t in whole or
in part, and Congress has retained
the power Of approval or disaPProval
Of all acts passed under the dele
gated power.
Attic time Of the passage Of the
act ofISS3 Congress did not change
the election laws Of Utah in regard
to elections, except as TO certain dis-
qualifications. but changed the per-
sons 10 execute them. This
indicated an approval OF the
laws as they then stood
Had the election laws been different
tn Y might or might not have been
approved, and changes in the laws
themselves might or might not have
been made. The words, ''under eX-
isting laws, " would not, of course,
prevent Congress from making any
desired change. Whether or not
these words mean that the duties OF
the Commission sflould be perform
ell under the laws Of Utah rs then
existed, or rs they should exist at
the time Of the performance Of the
duty, may be a matter Of doubt. II
It be assumed the latter is the mean
ing and that the power To
change the laws without first Oh
tanning the approval Of Congress
exists, and still exists, except as b I
the method Of filling the offices.
il still remains that the duty Of the I
commission and its appOintees was I
prescribed with reference to these I
laws, and that while the duty Of the I
commission Is largely administra- /
tive, any such change in the laws !
as would affect these duties, would /
be affecting, 50 far, the acts Of Con-
gress and the policy Of the enact :
ments.
This proposed act makes so many
changes that il is not desirable to /
attempt TO mention all Of them. The
reason for many Of them is not ap-
parent. Some are in conflict with
the provisions Of the act Of Con-
gress requiring the approval Of
Congress or to filling the offices
and some changes in the
law are not an improve
ment.
The act changes the general cleo
ton from August 10 November. It
changes the time, manner aud pace
for registration, provides for n diff
ferent board Of review, gives the
for a trial on 4 challenge at !
the polls, provides that a new regis
-ratiOn shall be annually made in
zach city and county at the office Of
the registrars only; that no election
precinct shall have over 800 voters,
aud that the county courts and city
may divide precincts. II
provides n registration officer for
zach county and one for each city,
md n registrar for each precinct,
10Th in counties aud cities. All
give bonds, but no duty is assigned e
% the registration officers. Every
iuty Of the act is put upon the pre-
,inct registrars.
This double set Of registration off,
'ers takes the place Of the assessor
md his deputies under the present
Ict, and Of the appointets Of the
Commission to fill their places.
Under the existing law it is pro-
'ided the senior justice OF the peace
I the precinct shall act rs a board Of
eview and he hears challenges to
egistered voters, and notice to the
.ersOn challenged is provided for.
his proposed act provides for
oard Of three persons 81 be appoint
d las registrars are. The power
{ the Justice Tor the per-
On acting in his place under ap-
ointment by the Commission to T
ct judicially aud strike or the
ames OF voters without any power
freview blythe courts or otherwise.
rough existing at least since ISIS. :
rs been recently criticized as arIi-
AIRY, but the proposed act makes
D change in the power or authority
the receiving board, and Omits
he provisions Of the existing law
lat the challenged party shall have .
office Of the challenge.
| have on my hands an act in
nded for the approval Of Congress
nd to supply the legislation pro- 7
ided for in the acts Of that body.
1t is intended 10 cover the whole
Ibject Of registration, qualification
voters and the conduct Of cleo
lns, and both these acts embrace
any common subjects, but they
fer In details relating 10 the same a!
hjects, and it is difficult to under
and both can be the legislative
i'll, expressed at nearly the same 7
ne.
/ am, very respectfully, A.
Arthur l.. THOMAS.
Governor.