The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-24
APPoRTIoNMENT RIGHTS.

The refusal of the Legislature TO pass
an apportionment bill as the mandate
of the Constitution requires is a direct
blow at the representative rights of the
people The right of the people to rep
resentation IN their legislative bodies is
fundamentally vital. 1t is the prin-
ciple for which the War of the Revolu-
tion was fought, and it is right which
was vindicated in the triumph of that
revolution, and in the establishment of
the great Republic on the basis of popu-
lar rights and Just representation in
legislative bodies. That right has been
unchallenged from the days of the
Revolution until now, and it remains
for Utah Legislature to spurn the
principle of giving to the people their
Just representation, even though the
Constitution of the State absolutely
commands il.
The Tribune has insisted that the
refusal of the Legislature To perform
its constitutional duty was an outrage
upon the people. In reply, the Smoot
organ yesterday morning had the fol
lowing editorial:
The American" party is worried be-
cause the legislature did not obey the
mandate OF the Constitution and pass an
apportionment bill. Inasmuch as the Con-
Stitutlon also makes IL mandatory for
the Legislature to fix maximum freight
rates, and The Tribune opposed that with
all the influence IL has IL would do well
TO get the mote out OF its own eye before
II attacks the beam in the legislative
eye,
In this snippy, silly way, the Smoot
organ undertakes to defend the refusal
of the Legislature to do it's vital duty
under the Constitution. The defense is
of the usual trifling, irrelevant charac-
ter expected from that organ.
1T is true that the Constitution re-
quires that the Legislature should fix
maximum freight rates. 1t is not true
that the bill introduced by the Legis-
lature is the only manner in which TO
conform to this constitutional re-
ircment, IT is not true that The
Tribune opposed with all its influence
the bill that was introduced. We mere.
being a hardship on coal mines
situated farthest away, For instance,
it is understood that the new road,
which has begu-. construction in Iron
county, will be instrumental in opening
up large coal measures in Cedar City
canyon, With the passage of the bill
as introduced at the recent session of
the Legislature, coal from that region
would be out under severe handicap
as compared with coal mined near by in
this market We believe that the
constitutional requirement as to maxi.
mum rates should be met by legisla-
ton, and will go even further, and
say that we consider il the sworn
duty of the Legislators to pass such
law, and 1t has been the duty of every
Legislature since Statehood to do it.
1t has also been the duty Of every
Legislature since Statehood to pass
laws whereby a census of the State
should be taken every ten years, be.
ginning with the year 1905. But this
has not been done, just rs the maxi.
mum rates have not been established
that the Constitution required.
we OBJECT, however, TO the failure
IN either or both cases being con.
sidered a precedent or excuse for this
most vital refusal. Nor do we consider
such requirements as the maximum rate
proposition and the census proposition
10 be on the same plane as the re-
apportionment proposition. The census
and the railroad rate are matters of
administration merely, and do not go
to fundamental principles. The right
of the people TO representation in our
law-making body is fundamental, 1t
goes to the very root Of popular and
representative government, Without
the recognition of il, and without the
proper application of this principle.
popular government is necessarily
subverted and distorted
And we still insist that the lcgisla-