The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-03-31
THE POWER OF CONGRESS.

A gentleman writes to disagree with
HE HERALD in regard to the power of
Congress to appropriate money from the
territorial treasury fer the Worlds fair"
and cites the Arizona case, to which we
have already referred, as ian instance
where Congress has already exercised that
power"
Our correspondent has not read THE
HERALD Alright This paper has not said that
congress does not possess the power in
question. On the contrary, we have admitted
that the power of Congress over the terri
! toeles is almost absolute. That power has
| been assumed and acted upon with refer
ence to Utah and other dependencies,
and has been upheld by the courts.
Here it has gone to the extent of providing
for the selection of juries AMI defining The
qualifications Of jurymen; many of the
ohicials, some of them of petty grade and
having no connection with the federal gov
eminent, are appointed in accordance with
laws enacted by Congress; even insignifi-
can't town elections are under the control
OF officials appointed by act OF Congress.
We do not doubt that Congress could go
still further and appropriate money from
the territorial treasury, nor do we doubt
that the courts would uphold the proceed
ing, SO absolute is the power of the national
legislative over the unfortunate depend
encies. But we do not recall an instance
where Congress has done this 1t did not
do it in the Arizona case referred to. In
that case the territorial legislature.
as we understand it, passed an act
making an appropriation to pay the ex-
penses of an exhibit in the Worlds fair.
the money to be obtained from the sale of
bonds. Congress has limited the bonded
Indebtedness OF terrific and the bonds
which Arizona proposed to sell would be in
excess OF the limit, and hence invalid.
Congress was, therefore, asked to validate
the loan-to make an exception, so to speak,
OF Arizona in the matter Of the proposed
debt Congress passed bill approving the
act Of the Arizona legislature, which latter
act would have been void except for the
sanction or approval given by the national
legislature. This was a very different
thing from Congress voting the $780,
from the Arizona treasury.
1t Is conceded that in Utah Congress has
gone to a greater length than in any other
in the matter of direct legislation, but it
has avoided appropriating our money,
though urged by some to do SO, especially
IN one instance. We refer 20 the cost of
the maintenance of sthe territorial prison
ers in the penitentiary. When the control
Of that Institution was taken from the ter
ritory the legislature ceased to make pro-
vision for the care of the prisoners sent
there for infractions of the territorial laws.
Congress and different administrations
have tried to compel the legislatures to ap-
propriate for the purpose, but without sue
cess, and of late years, the government has
been content to charge" the expenses to
the territory, the charge meaning nothing
in the opinion Of lawyers and atesmen,
although now and then some disgruntled
individual hobs up with an attempt to Gre
ate sensation by declaring that some day
the territory, or its successor, the state,
will be compelled TO pay the bill and bal
ance the account. 1t seems TO US that if
Congress could fnd justification for appro-
priating money from the territorial treas
-, AZ hOuIu nave lOuR dRO put us UauQ
into the Utah pocket and taken what was
required to pay for the care and support of
the territorial prisoners.
In the matter of this Worlds fair bill,
TIE HERALD is free to say that
1t hopes Congress will not pass
1t. We believe the money can be
raised here, and we are certain the next
legislature will appropriate the amount
without hesitation. If Congress should do
this thing, the act would be very apt to be-
come precedent, and one of these days
Congress might say that Utah must pay
her officers twice as much salary as they
are now receiving; that we must build
larger asyiums for the insane, reform
schools, colleges and penitentiaries; that
the schoolhouses must be at once doubled
in number and quadrupled in cost, and
might proceed to take the money from our
treasury to pay the bills, without consult
ing US in the business. 1t is well enough for