The morning call., 1894-04-11
THE IMBRoGLIO AT OGDEN.

The situation in Utah is perplexing.
Under certain Territorial statutes forbid
ding the importation of impecunious pau
pers into the Territory, Chief Justice
Merritt and his associate. Justice Miner,
have enjoined the Southern Pacific Com
pany from unloading the army of the un-
employed In Utah. and have required the
company TO carry the 1900 members of the
force back to the spot whence they came.
The railroad company evinces no disposi-
tion to obey the order of the court. Its
attorney has filed an appeal, and refuses
to re-embark the unwecome immigrants.
At a superficial glance. it appears that the
statutes limiting the right of unknown
persons to enter Utah must be uncon-
stltutionaI. No State or Territory can
impede the transit OF persons into or across
Its borders by reason of their poverty.
The original text Of the constitution i'm
piled as much. and the fourteenth amend
ment made it perfectly clear. The right
of county or State to pass q vagrant law.
by which persons out of employment, and
supported by public or private charity.
can be compelled to work at some public
work, is not to be questioned; but the only
power which can absolutely shut the door
of State or Territory to persons not
employed in unlawful business is the Gen.
eral Government.
The general principles which govern
were enunciated at the time of the last
cholera epidemic in the Southern States.
Shotgun auaIantines were established by
one town against another. Counties
passed ordinances prohibiting the admit
tance OF citizens from other counties. 1t
was felt at Washington that the circum-
stances were trying. and that some allow
ance must be made for communities which
were frantic at the approach Of danger.
But the authorities were agreed :bat the
embargo laid on travel by sections which
were trying to bar out the pestilence was
not justified by law. There is no power
outside of the Federal capital which can
compel railroad to carry out OF Safe
or Territory persons whom ii has brought
in, Objectionable as they may be. The
General Government may do so, as it CON-
pels immigrant vessels to carry back vic
Tins Of contagious disease. but certainly
a Territorial court may not.
Were the law otherwise a sectional
quarrel between States might lead to an
embargo on intercourse. a State welded
Chinese wall round its fror tier and shut
out its neigbbOrs. A State occupying a
central position on the continent might
cut the line of communication between
States east and States west and forbid
tie citizens of either from meeting. IL l.
the impecuniosity and vagrancy of the
unemployed to which Utah now objects.
Tomorrow it may be a matter Of opinion
or religious creed which may imbue
State or Territory with desire to ex-
clude its neighbors. The rule must be-
maintained which the fathers had in view
when the constitution was framed
namely. that every American citizen must
have free access to all parts of the coun-
try where the flag waves.
1t is not pleasant for Utah to find itself
the dumping ground of twelve hundred
idle persons. many of whom would not
accept work if they could get it, But
alter all, the people of the Territory are
masters of the situation. The welcome
visitors must eat to live, and he people of
the Territory own the food therein and
need not give it away except ON condi-
tions which they dictate. There appears
to be dread of violence by the invaders.
L
able to keep under control a mob OF un-
disciplined vagrants without arms. with
out leadership and without well-defned
purpose. Whether 1t would be chearer
for the Territory to pay the sum which
the Union Pacific demands to transfer the
army to Omaha may be a question. But
if the worst comes TO the worst this could
be done. and the responsibility of the
problem would then be shifted to the
shoulders of Iowa and Nebraska
A competent authority being asked
what would be The upshot of these move
ments of industrial armies answered that
they would presently subside. That is a
judcious forecast, but it is on the cards
that before they subsde there may be
trouble. 1t is not to be expec ed that
nation of 65. ZOO. 600 will adjust itself to the
varying vicissitudes Of fortune without
periods of friction.