The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-13
PERFECTLY PRACTICABLE.

Inc eagle brain and MASSIVE eye
OF our morning contemporary have
been at work on the constitutional
powers of the Governor of the State OF
Utah, and It announces as the result
that it is Impractical" for the Govern
or-elect to call session of the I.egis-
lature previous to the issuance Of the
! proclamation Of the President admit
ting the state into the Union. In proof
of this conclusion it cites section six
teen of the schedule of the state con-
| stitution as follows:
t"The provisions of this constitution
shall be in force from the day on which
the President Of the United States shall
/ issue his proclamation declaring the
State of Utah admitted into the. Union,
| and the terms of all officers elected at
the first election under the provisions
of this constitution, shall commence ON
the first Monday next succeeding the
issue of said proclamation"
From this it argues that the Gov
ernor-elect will not be Governor until
the Monday after the proclamation Of
the President; that the Iegislators-elect
will not be legislators until that day;
and that any preliminary work to that
would be illegal.
Well, our neighbor who never did
seem to know much about the state
constitution and the enabling act I'M
der which it was formed, either when
in or out of the constitutional conven-
ton, has overlooked the fact that the
law of Congress which makes state
hood possible, and under the provis-
ions of which all the proceedings must
be conducted. knocks it's theory into
everlasting pi Here is section nine
teen of the enabling act:
''Sec. 10. That the constitutional
convention may, by ordinance, provide
for the election of officers for Il full
state government, including members
of the Legislature and Representative
IN the Fifty-fourth Congress, at the
time for the election for the ratifica-
ton or rejection of the constitution;
but the said state government shall
remain in allegiance until the state shall
be admitted into the Union as pro-
posed by this act. In case the consti-
tuition of said state shall be ratified
by the people, but not otherwise, the
Legislature thereof may assemble, or
ganize and elect two Senators of the
United States; and the Governor and
Secretary Of State Of the proposed
state shall certify the election of the
Senator's and Representative in the
manner required by law, and when
such state is admitted into the Union
as provided in this act, the Senators
and Representative shall be entitled
to be admitted TO seats in Con-
gress, and to all rights and privileges
of Senators and Representatives of
other states in the Congress of the
United States; and the state govern
ment formed in pursuance of said con-
stitution, as provided by the consti-
tutional convention, shall proceed to
exercise all the functions of state Off
GERS; and all laws in force made by
said territory at the time OF its ad-
mission into the Union shall be in force
in said state, except as modified or
changed by this act or by the consti-
tuition of the state; and the laws of
the United States shall have the same
force and effect within the state as
elsewhere within the United States"
1t is clear from the foregoing section
that the legislators-elect may assem-
BILE before the proclamation is issued,
by the majority of the voters; that they
may elect two United States Sena tors;
that the Governor-elect and Secretary
elect must issue certificates of election
to those Senators-elect and to the Rep
resentative-elect, and that when the
state is admitted into the Union they
shall enter upon their duties in Con-
gress. If, however, the state is not
remote contingency under
present circumstances-the whole pro-
ceedings will be nullified or remain in
allegiance until the state shall be ad-
mitted into the Union
Let it be remembered that one of the
conditions Of admission is that all the
provisions of the enabling act have
been complied with. Of course the pro-
visions of section nineteen are not man.
datory, except as to the duty of the
Governor-elect and Secretary-elect, but !
can be clearer than that those
officials-"the Governor and
Secretary of the proposed state" and
the legislators of the proposed state, !
have the right to perform the duties
specified in that section.
It is, therefore, perfectly practicable |
for the legislature to assemble and
elect two United States Senators, and |
for the Governor and Secretary of |
STATE to do just what the Tribune says |
they cannot do, and all that in the in !
term between the ratification of the |
state constitution and the issuance of |
the admission proclamation by the |
President.
The enabling act takes precedence of |
and overcomes any provision of the |
state constitution. while the state is in |
allegiance. even if the provisions of the |
.wo instruments should clash. which |
hey do not. The section of the con-
quoted by the Tribune applies |
10 the officers of the state after it is
into the Union; the section |
If the ena bling act which we have |
1uoted relates to the officers-elect of |
he state, while the state government |
S "in allegiance" There is no conflict !
between them when construed together, |
Unless it may be in the minds of per-
sons who do not understand them.
ELECTION EXPENSES.