Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-02
THE EXPULSION OF a STATE.

The agitation which has been aroused
over Utah affairs and which has not
yet subsidized. has brought into some
prominence the question Of the powers
OF Congress in relation to sovereign
state. This has arisen largely through
a misconoeption Of facts and occur
rences connected with the admission oil
Utah into the Union. But apart from
that, the subject is one worthy Of at
tention on general principles.
The Constitution Of the United states
provides for the admission Of new
states into the Union II does not pro-
vide for their expulsion for any cause
When states secede from the Union
they can be treated as In rebellion ana
either be kept out as long as necessary
or be required to come TO such terms
as may be demanded within consutu-
tlonal restrictions Of legislative power
But .hrustlng a state out Of the Union,
or reducing II to Territorial condition,
which Is much the same is totally
different thing and Is not provided foF'
The question IS asked, II a state
makes a compact with the Federal gov
eminent and violates that compact has
the latter no remedy? There Is a dii-
ference Of opinion on that point. Some
Of the very best constitutional lawyers
in the land say there Is not. They sug-
gested this as an objection to statehood
for Utah. They say now that the state
cannot be dealt with in any other way
than as a State on an equal footing
with every other State
Others think that when a special re-
qulrement Is made as a condition pre-
cedent to statehood, and that is not full
flied, or II made in word is not carved
out In deed Congress can take meas
ures to abrogate the compact and expel
or reduce the State to It's previous con-
dltlon. They admit, however, that such
thing has never been done and that
II would be unprecedented and reyolu-
tl0nary.
Putting aside the question Of the
powers Of Congress in this important
matter for the moment, 1t VIII be seen
by thoughtful minds that the real Is
sue is one Of fact as well as OF princi-
pie. Is there any occasion for the ex-
ercise OF the disputed power on the
part Of the Federal government Has
Utah violated any compact made with
the nation?
Those who have studied the matter
impartlally from legal standpoint de-
eide that she has not That all the state
had TO do was to put into its Consu-
tuition the provision required by the
Enabling Act, and that this was fully
complied with and was ratified by the
votes Of the people, and accepted By the
President as a full and complete settle
ment Of the terms OF the compact
But how about violating the pro-
visions Of Its own Constitution? That
also is a question OF fact, aside from the
discussion of Federal power II has
never been shown that Utah has done
anything in violation Of its agreement
or its Constitutional provisions. kumor
prejudice, public clamor. do not furnish
proof OF anything Before Utah can
be officially condemned, she must be Of
fcially tried, Evidence would be re-
quiied In such a case which cannot be
adduced because II does not exist The
State stands ready 10 execute It's own
laws, and no one has had the temerity
to cite before its, courts one case OF
violation Of the Constitutional provision
required by the Enabling Act
We are aware that there are people
who would joyfully make the attempt
to dlsfranchise and politically destroy
the majority OF the citizens OF this
State. But we are Of the opinion that
they will be very chary about coming
TO the front in such a questionable pro-
ceeding They may threaten. and full
inmate and try 10 raise an alarm, but
with really nothing OF actual fact or
legal evidence in their support, they
will not be very likely TO show them
selves in their true colors.
Meanwhile the people Of Utah need
not worry. They may enjoy the bless
iugs and prospects Of the glad new
year, and resolve to promote peace and
harmony, respect for the law and re-
gard for each others rights, and seek
to build w and develop their growing
community as a loyal, valiant and law
abiding State, on an equal footing with
other States, not only in power and au-
thority, but in all things that will
crown It as a pattern American COM
monwealth.