Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-02-09

provisions Of the Constitution may moi
be aulf.cxecuting and II Ia no less tru,
IN the Territories than II IL IN tn,
slater. .r
Tuning now to the condition IN n
Territory where the territory II &C.
quirsd from another government all
municipal laws and regulations In force
NJ thu time Of the acquisition continue
| 20 lc ~ force after that time. that H.
until they are superseded by competent
lcfds iatinn. subject, however. TO this
qualification, that they must be 80 mod
ihsi as to conform to the fundamental
| principles established by the Conatltu-
tlnn ~ the government succeeding 20
Tie sovereignty and the public policies
/ which, grow out ~ such principles. That
was The rule which was applied with
respect to the Louisiana purchase and
With gespcct 10 the acquisition from
Mexico.
During tho intcrregnum. the moment
the territory u acquired the Conatltu-
ton ~ the united states and all the
provisions u that instrument. IN 20 far
~ they are not essentially unsuitcd
and inapplicable to the condition OF the
territory. become proprio vigorc nppll.
cable thereto and control all the niuni.
cipai laws and regulations which may
have been IN existence and may have
controlled the people up 10 that time.
Mir. President. II ls true that Congress
may temporarily delay or refuse 10 per.
form IT, duty of providing form OF
government and judicial tribunals In
u Territory. No II might refuse 10 per.
form IT, constitutional duty In provid-
Ing for courts Inferior to the supreme
Court within the borders Of state
hut We are not to Indulge In any pre-
sumption that Congress will neglect to
perform any duty which dcvolvcr upon
~ under and by virtue OF the authority
conferred upon Congress By the conati-
tuition.
Let w proceed one step farther In
this matter There are certain ptovls.
Ions Of the Constitution which in their
nature ARE not and can not be made
applicable 10 y Territory. The frnmcfs
% tho Constitution contemplated that
The United ktaica would acquire ana
hold territory. and that such territory
would be Incorporated into the Union
upon IN equal footing with tho original
states a. states In due course or time.
II was presumed that the Territorial
situation would In every instance DO
but temporary.
-Nllunlom has been made 10 some de-
elrlons u the Supreme Court OF the
United States and the practice OF the
rovornmon, that the Territorial court.
provided for by Legislative enactment
nr" not constitutional courts. that
they nfr not courts Inferior to the su.
promo Court; that the judges OF those
courts. when appointed. do not hold
their offices during life or good be.
haVior. That provision II unauitcd TO
The situation IN "a Territory. because
tho trainers u tho Constitution, a. a
part or the Interpretation OF that In.
ntrumcnt. contemplated that the Terri.
toriAl condition would In every insthncc
BE- temporary. The Inferior tribunals
referred ~ were designed to be permn-
mont, AMI therefore the tenure OF the
ON pf III, Judges appointed was to
De dur'ng life or good behavior. That
lfoNihl.n war unHuitcd 20 the condl-
tion which the trainers OF tho cofAtl-
luton contemplated would exist In re-
npcct TO the Territories.
Mr. President, I have asserted the
proposition that no authority can be ex.
etciscd by any branch or department OF
THIS government In the Territories ex-
cept under and by virtue OF the Con.
Hutution. Take away the Constitution, |
ana who u n that posscsrcs the abso- |
lutte control OF the Territorics7 IL IL |
tonsrceHi Hut We ARE met at the very |
threshold with the question: What il |
'onHretHf We have no means OF as. |
pertaining it, Identity or the necessary |
~ u without referring |
10 the Constitution. How shall II mnn- |
lfcrt or express its Legislative viii In
respect 10 the Territories In accordance |
with the methods prescribed In the |
Constitution or without any regard to |
thcml
Il Is necessary In order to give valid
ny 20 the attempt TO exercise legislative |
authority. 60 obtain the concurrence OF |
ne Executive. and N 20. why. except |
whcfc tho Constitution " In force In /
respect TO that act. aud defines and lin. |
" ANA qualities tie power OF c0ngressY |
" the act Of Congress IL invalid unless |
y receives the concurrence Of tho Exc.
'utivc aud must be manifested In ac.
'ordance with the forms 81 procedure |
which that instrument ptcrcribcu. must
y not also be In conformity with All |
NE limitations ana qualifications which |
mat instrument preHcriber ns quall- |
hcntions ana limitations upon tho cx- |
'rcise Of congressional authority
Thcfr II one ease In the Supreme |
Court, which arose IN the District ~ |
Columbia. which In nm apt Illustration |
~ the contention I am now making |
! he House 90 Representatives made an |
ifder' kilbuurn refused TO obey that /
order. The House Of Representatives |
passed q resolution directing It's SER
To arrest and detain
lNhbourn for violation OF the order,
Ihat order was complied with and XII |
ipGtn repealed 20 the court. lie claimed
nat no authority had been conferred
ipon the House OF Representatives by |
me Constitution to make the Original
rider that the order was invalid, that
ill tho proceedings based upon n were
'lually Invalid. and that his lmprlnon.
u"nt was unlawful. He was dis-
,hurged upon a VIII ~ habean eorpus
Nftcrwhrda kilbourne sued the ser.
sennt-nt-nrmH NJ tho House ~ Rcpro-
'cnthtlven ana certain members OF that
body Tor damages resulting 10 him by
reason Of his unlawful imprisonment.
ana he recovered a verdict Tor n very /
arEc amount, which was carried 10 the
supreme court NJ the United states
ini more ailfmed' The unanimous
opinion which was delivered In that
'aae u an instructive one.
The court said that the House "
Representatives II not possessed with
he omnipotcnt powers of the House of
Parliament OF Great Britain, but pos.
icrHcs only such powers ~ have been
expressly conferred upon it by the Con.
'ututinn or such go are necessary 10
AIRY into eject the powers which have
seen granted The court searched the
constitution ana found that the au.
hnriiy which the Housc OF Representa-.
ives undertook Ia exercise In that case
ia not exist They therefore held that
ne imprisonment Of KilhOurn was UNI
hWtul ana that not only the sergeant. !
it-nrms, the officer Of tho House. but
members of the House aiding and abet.
ing In the unlawful imprisonment
we're liable for the damages which XII
'oufn SUSTAINED By reason " his im-
irisunment,
Mr. President, extend that principle
O the two houses Of Congress. Include,
{ you please, the executive npnly the
doctrine 20 him. ana make It applicable
% ihe District OF Columbia or to any