Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-05-15
SOMETHING MUST he DOVE.


on the Delegate question, this coming
from our nearest ncighbor, tho Herald,
and II Ia ungracious enough In one
place to pronounce, by implication
nj least, our well.meant efforts
In behalf OF the people OF Utah
90 much "voiunteered advice" to the
Governor. This, II meant rs written,
is n mistake for which there Ia not
sufficient reason; that official and no
other has been offered any advice In
these columns, nj least 20 far az the
present COT troversy 10 concerned, and
mono will be offered for two good
reasons--we are not just now In the
advising business, In the sense In
which advice 10 used In this connec'
tion; and there Ia no doubt In our
mind that the Governor Is well ln-
formed and disposed to do what Is
right In the premises.
The NEWS IL shown that, acc)rding
TO common law, which In the alb
sence OF n statute on the subject
must rule, n resignation does not cul.
ninate I'M its acceptnucy. I'm.
fo,,u,a,.,v for those WIN would over.
turn our position, that principle Of law
has no more application here than n
section OF the penal code would have.
II relates IN cas,s I'm which there Is
n pow.r or autbority TO receive and act
unon suoh reslgnations. md this does
not obtain In the case nder discussion,
IL IN souebt In be shown. by implIca.
tion nj least. that tho Governor has
such mower. but II ia not NO nominated
in thu bond. Thu Governor,s movers
In n general way are defined by law
and this ia not one OF them nor does Il
come within his puryIew. his duties In
tho pre,oi,es beIpu made clearly
ministerial. The resIgnation Ia not
sent 10 him for acceptance or reIec.
tion lint merelv that through him
IN, people NAV be officially nppr,scd
Of In, vacancy md bv him
nm election ordered 10 All such vacau.
nv. An shown before. n he never r..
ceived sucb malice. IN, peonle sbouId
mt ami mr., n,t ur,umcd IN m, the
Ioser,: he would than presumablv net
unon IN. inflammation o,h.,wis, "a.
ceived and perform In, duty epIoIned
upon him bv law of calling nm .leetion
10 MI tho vacancy. It,s not. ther,fore.
true that "if the Governor takes official
potIce of this withdrawal n, m.v
clearly far NJ ain r.frain from actin,
nm the resiunat,on.D n II, couId do
this be oo,,ld Go ANYTHING elsa of nm
official ohnra,ter wbIcb IN, Law do.s
mt emnower him IN do. for be would
mt univ h, doing tina. for wbi,h
thar. 4. nm ,,,ho,,,v ,,y,, Nm, w,,,id
be sctipu m n Judge in the case besIdes
--as,umipg judicial functions I'm de.
gliding M 10 what constitute, m vac,n.
nv and what does not. and e.tabIisbinv
vsriouslv the eouities of tina ease
when bis duties in In, pren,ises
ara MAINLY set out and need
not be misunderstood by any one.
Tina the concIus,o, that Tn,
reniynation does not com, befor, Tho
clerk Of the Hous. Of Representatives.
but only the notioe from the Delepat.
that ho had forwarded bis resignation
to the Governor. becomes n strained.
labored and unreasonable construction;
10 mt IL in homely phras.. A. 4, nuttiny
the cart before the horse. sine. this
resignation is what ia filed with the
clerh and upon recoipt of which n,
strikes the name from the rolls. while
the notice thereof ia forwarded 10 tn.
Governor in ord,r that bo may tal,,
the action which the law reouires of
him.
II there 4, n power.a person mr. n Indy
authorized Ia a,,ent or r-lect thu r.slg.
nations NJ menbers Of Conyre.s 4. H.
much halter 10 mint ont who mr. wba,
A. ia or they are with IN. law tber.tor
than In INDULGE I'm ou,bbilnv and In.
sinua,ions. partieularlv when. ma n
vood many well infotmsi neonI,, looL
MT n. one.th,rd NJ I'm, lima with.
in which nm election NAV h.
calIed has exr,rsd IL :. too
imno,tant n suh,ec, IN ,,iaa win. and
10 lie ,upinelv upon our hacks ana lei
the t,mego nv ,,,viny s.ren.,v nnon
a.