Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-03-06
A PLEA FOR POPULAR sruLIIPIcA.
fIUN.

special nOilec. In the original dfait
the authority to establish the new die.
trict was vested IN "thc Governor
aud legislative assembly," II vas
subsequently amended by striking out
Legislative assembly" and subsiitut-
Ing therefor "sipremv court"
rheHou.e committee incorporated In
it, report recommending the passage
Of the bill correspondence winch, ON
account Of the quality u the state
meul- Il omboiios, d somewhat a.
tercsiing, and Il IL consequently here
inserted.
"LooAN cnf. February :. 1891
"Dar sir--Iu the absence 81 NJ.
Tomas, and In response to your letter to
him Of the el,h ultim1, we send YOU the
into.cd patiton. which wo have assisted
Mr.. fomax In circulating
ut might have boun as well to have
noted In This petition The faci that ctlDu-
Of Northern uhh have 70 tnycl from 70
10 100 miles TO n,teud court, and thu. this
graf incon,cnloncc viii continue for
year unless your bill l. 20 amended ~ 10
gi'c tho govcrnur tho power io my that
TORN Of coart shah be- held ai Logan In
.ho meantime TO transact n portion ofihc
business that - nov transacted In onicn.
In order that you may fully undor,tand
tho situation, We mention tho above Oct
ia this connection.
iimay not be out of place to call your
attention 10 the fact that the right was
given tho governor OF this Territory 10
'nppolni the limo and placo'of holding
o1un In oirh" of The districts Of this Tor.
riiny by section 1919. i,ovisod Statutes,
United siaie-i aud IL might b. further
noted that section Of theacl Of Congress
u June y, 1874, entitled "Nn act In rela-
ton to courts and judicial ofiicer- In tho
Torhtory Of Utah." TO be fund on rage
lO7 Of supplement- TO Revised statute. Of
the United siatcs, Vol. I. does not Inter.
fcrc with the right already given our
governor II may also be- inoicd that
tho ulah icF smuro has parsed enact
monis nxing tho place Of holding terms
Of court, but ~ this wasn power given
the governor, md mover given 10 the
legislature Of uiah, tho said legislation
on tho subject by tho legislature
Of ulah WIS without aud contrary
% authority, and consequently void.
Compiled Laws Of Utah, Vol II. p. i5il.
sccilon 1865. Revised statutes, United
States, has abcarlng upon this question
also.
We did not think Il necessary 10 rot
many subscribers for tho petition, aud
got - lat only Of tho leading mon.
Hoping that you Will make tho amend.
meni asked, and confer upon tho govern
ora power that Q. consistent with provi-
Gus legislation on tho subject by con
gross and which will authorize him 10
oNendso a power which l. doubtful
whether ho now pos.oasc-, mud thus CON.
for upon the people II northern Utah
right long needed.
Yours respectfully.
cnAs. II. Ham.
i,icn 4 Rom.
10 iloN. GEo. y. EpNuNp4.
United States senate.
'rhee Il one feature Of the foregoing
correspondence which Is brought into
prominence by IL absence-mode.,y.
These young men who have exhibited
such deep Interest In tho public local
welfare aud shown such icverlsh I'm.
patience Mt the mcre prospect Of de.
lay OF benefits, Inform the sto.
icai senator from the State Of Yer
mont that the passing Of cnaoimcnts
by tho Utah Legislature nslng the
place Of holding terms Of court was
usurpation by that honorable body ofna
powergiyon the Governor" This wasa
power"neyer given 10 the Legislature
Therefore tho conclusion Is inevitable
the enactmenls were CONTRARY 10
authority and consequently void"
This IN, on lls face, strong plea for
tyranny and auiooracy, and a
knocG-down argument against popu.
lar rule. Unfortunately for IL
safety the gentlemen who made
use OF II overlooked the neccs
sity for the preservation OF the
consistency Of one rarl Of
their statement with the rest Of II.
Had they gyasped this essential they
never would have written the closing
paragraph, which asks Mr.. Edmunds--
whom the Logan gentlemen seem to
regard ~ the entire senate-to ''confor
upon tho Governor a power that is
consistent with previous legislation on
the subject by Congress aud which
will authorize hin 10 ercrcise q p0i0er
which & Is dou5JR iVhsther he noip pos.
scsses, aud thus coufrr upon tho PEG.
pie Of Northern Utah right long
needed
Such statement ~ that after hhv-
log previously asserted that Congress
had already given such power to the
Governor, and that % exercise II by the
Legislative Assembly wnsconsequently
without authority and void, is, to say
the least, irille absurd. IL the astulc
Senator from N,rm ont critically cx-
amined this document 1t would bee In.
terestlug 10 know what he thought OF
the legal calculation. lie could hardly
have been infatuated with IT, logic, nj.
though he has given ample evidence
that he Il In line with it, sentiment
the reduction Of home rule In Utah
and It's concentration Ina few officials