Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-05-29
lie sustained according to American
principles. Then the decision says:

principles. Then the decision says;
"rho authority thus exercised. arise.
10 part FROM tho ordinary power Of the
Court ~ Chaucory over trusts, aud In
part from thc right Ut tho government or
sovereign ~ purqia yd'ritr. N
it should hs conceded that case like tho
present tTansconds tho ordinary iursdic-
ton ~ tho court OF chnncury, and re-
quifcs Tor iiH determination tho interpo.
sition Of the prru7 pufi4G ~ the state, IL
/ may then Dee cuui0udod TINT, la this
country, there is no royal reason Ia net ~
! uufGN p1frd, aud tn give direction for
the application Of charities which cannot
hc administered by the court. II II truo
We nave ~ such chief magistrate. hut
hure the Legislature IL the yrrei4 pair,r,
aud unless restrained 10y constitutional
Limitations. The Legislature pns.ossc- all
tho powers iu Tits regard which the s0y.
crcign Possesses Va England.
This nj once creates n sovereign
power aud ulothc. II with paternal
authority. And II this doctrine shall
Ice maintained, 10 that II becomes
principle Of American law, and shall
become established ms principle OF
government here, then the revolution
backwards Il complete; government OF
the people Il gone; and that u u
sovereign parent Of the people i pat Ia
H. place. Then the doctrine of the
Declaration " Independence aud Of
the Constitution VI the United States
ia subyertod and the doctrine OF
sovereignty, nha0lutlsm, nnu Iaternal-
ism, j. established In H. stead. Then
also Bancfoit's history In the place
above cited, viii need TO be ruvls-d 10
that II shall tcnd ~ follow. "Is It
asked who II the sovereign OF the
United States? The Legislature il tho
sovereign aud the people aru sub ccts."
10 prove the correctness Of &C.
position the Court quoted from Chief
| Justice Marshall, In the Dartmouth
College eases, the statement that "By
/ the Revolution, the duties, ~ well M
/ the powers " Government developed
upon the people" THIS Is true enough,
| hut II N particularly 10 be- noticed TINT
! the Court ha'mAdu these devolve upon
the Legislature. II lisa singular piece
l OflOgir thnt would prove that certain
| powers duvOlyu up1n the Legislature,
Z lay citing passage which declares
| that those powers have doyolvcd upon
/ tho people. Again, the Court quoted
/ "a statement from Chancellor Kent,
| TINT sin this country the Legislature
| or government Of the State M pdrcnr
pafii0 has .lo right, 'etc., aud hrthes
from Justice Mclean, that "whcn
this county achieved IT, Independence
/ the prrrDgatiyos Of the crown devolvcd
| upon the people " the S,ate.n Justice
McLean'r statement like that Of Chief
Justice ManhaliS Is strictly correct In
] saying that these powers dovolyed
upon the people. hut that Of Chnnrcl.
| Tor Kent, like some other legal OK.
prcssions OF his, IA utterly false and
contrary 10 American principles.
Among American Institutions there Ia
no king, and asiic from tine people
there Is nothing that corresponds 10
| king. Aud even In the people all
that corresponds 10 u king IL la the
/ indiSduRt for each individual
American citizen Il sovereign aud
king In his own right.
! Again, the Court says