The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-06-27
WHY THEY DIDN'T.

III Jne course OF a very long, beseech-
full sort of an article in his "mouth, !"
Apostle Smoot asks, ''Don't YOU sup
pose the Mormon church would have
compelled the enactment of the
police and fire bill if it had been in
the control of the Legislature and the
local Republican party7" From this
same mouth there was a demand
during the time that this particular
bill was pending IN the Legislature to
have it passed in spite of the consti-
tuition and in spite of its conhscatory
provisions with regard to the property
and taxing interests of this city.
But the State constitution was so
plainly against the provisions contained
IN that bill, so effectually headed of the
general purpose of it, that it was out
Of the question to think of passing it.
Every legislator who voted for it would
have done so IN direct violation of his
oath to support the constitution Every
legislator who had any claim to hon
esty would have voted against his own
instincts of honor and probity if he
not only violated the plain provision of
the constitution which expressly and di-
roctly, in the most mandatory manner,
prohibits the creation of any such COM
mission as contemplated in that bill,
but the principle involved is one of
utter dishonesty. That bill proposed
to coutiscate the fire property of this
city and take possession of it BY the
State. 1t proposed TO create commits
sion which could have financially
swamped the city treasury at any time,
without the consent of the municipal
government and without any reference
TO the inhabitants of this city That
bill created a commission with unlim-
tied powers, and made the city govern
ment its mere servant. Under that
bill this commission could have ex~
pended any amount of money it chose
for the purchase of fire machinery, the
purchase of sites and the erection of
buildings, and for the organization Of
fire department sufficient for a city Of
ten times the size Of Salt Lake, and all
for partisan political purposes. The
city would have had nothing to say
about it except to pay the bills, and
would not have been able in the least
TO control its own property or to have
any benefit in its own way from its
taxation In this direction. The State
would have usurped all the real con
troll, authority and jurisdiction, leaving
the city merely to pay the bills that
the State commission might see fit to
incur. IL was, on a vaster scale, the
same principle, or lack of principle,
applied in the case of the Juvenile
Court creation, wherein all jurisdiction
and authority are taken away from the
city, leaving it nothing but to pay the
bills that the court and the county may
incur, without even having power to
require an accounting for the money
That this is an impracticable PROPOSE
tion, obnoxious to law and common
sense, is evident on the mere presen-
tation of the question,
So that the matter did not rest in
the discretion of the Mormon church
leaders. The Legislature did not have
the power under the constitution to or
ganize any such commission. The laws
of civil procedure and of property
rights and taxable jurisdiction would
also step in and prevent any such
prostitution of the city to the service
of the State The city cannot be
robbed by the State nor by the county.
Nevertheless many of the Mormon au"
thorities were eager to do this very
thing, to defy the constitution and ig-
more the plain law governing civil iu-
risdiction and taxing powers. The
Smoot MOUTH with wild and fer
vent appeals, urged the legislators 10
pass the bill, despite their oaths of
Office and in spite of the consti-
tutional inhibition of all such legisla-
tion. II is very likely that the ma.
iority Of the Mormon church officials
were in favor of thus overriding the law
and the jurisdictional rights of this
city; but they were told by their legal
advisers that the passage of such
law would be Of no avail because the
courts would hold it to be unconstitu-
tional and void. And that is the rea.
son why that bill was not passed. 1t
did not fail for any lack Of disposition
among the ruling priesthood here 10
pass it. In fact, they had everything
lined up for its passage, and would
have forced it through the Legislature
but for the knowledge that was brought
to them that their work would be vain,
even if it were done. That Is the