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Show THE - f r.3V3 TO:V.'EMXTI"ES. . IXBLISU r.D " Theatre. Last evening, in Timpanogos the play of Ingomar was KvrfT IId.ll, WEMISSAT AI3 IATSE5AT. TCESBAT, TUESDAY, ArniL (a OLD 7. 1S7L trOTATIOSS. SALT LAKE. TUS Buying.. -- 113. Selling- - AUTEOSIZEBACEXT. John McEwan !., Is our an- - well received by a large and appreciative audience. .. Mr. Ber- nard Snow ably sustained the character of Ingomar, and the rest of the company did passably well for amateurs. The songs by Mr. Joseph and Miss Violate Snow was good, but the grand feature of the evening was the singing and dancing, of Miss Sarah and Miss Ann Isaacs, who kept the house in a constant roar. thorlred Agent to receive subscriptions and adrextiHcipents for Thk Provo ySJ To thk Thaveltso Ptbuc. Daily Tihes-- V commend - him to Lout Johnson keep constantly supcTout fKendj plied with 11 the latest newspapers and c-cotiieslas periodical,- including tho Utcst Salt Old Kan Bender. Lake papers, w kich be w ill furnish on the cars, between Provo and Salt Lake, Individ--well known above d ..The lowest rate. at the to this city in was brought -- - If this is the right irons man we hope he will get his Just dues, and speedily suffer for his many dark and bloody deeds. to-da- y. Court Proceedings. FIRST JUDICIAL DISTRICT. r w r par Removal.' J. C. Stevenson, P. U. Emerson, Judge, Presiduio. Merchant Tailor, begs leave to Inform Monday, April 6, 1874. hla numerotu patrons that he lias reCourt convened a3 per adjournmoved from hla old stand, on Centre ment at 1 oclock p.m. Street, to one block East and three B. Milner, It. IL J. Present: Store. South of the East Robertson, O. F. Strickland, Win. mar'23 Y. Lovell, D S. Dana, M. V. Ashbrook, J. A. Thompson, D. C. . Pushing Forward. . Roberts and G. . Whitney mem, We are pleased to note that the Great Western Iron and Manu- bers of the bar; D. "WTiite, U.Mc-S. Marshal; J. T. I). facturing company have com- Deputy Territorial Marshal; Isaac menced chipping material to their Allister, B. K. Marshal; work In Iron city, a train loaded Bullock, Deputy EmerW. C. Bailiff and with goods having left this city Bullock, son, Clerk. for that place last Monday. The Court enquired if any of the attorneys present objected to 3T if you want a reliable wagon, go to Turner St Rogers, and examine tbelr the Territorial Marshal acting as stock of Fish Bros and Mjtchell wag- the officer of this Court, whereons, the best In the market, at Salt upon Q. F. Strickland protested a9 Lake City prices. and presented his commisMon from the Governor as Attorney-Genera- l, Anonymous Communications. whereupon Ilis Honor We are in receipt of a commu- Judge Emerson delivered the nication from Salt Lake City, following opinion: 'signed Lady Witnesses, which Two persons present themselves to we decline publishing. Corres- this Court, each asking to bo recogpondents must In all eases send nized as the Territorial Marshal. their own name, hot.-fo- publicOne presents a commission from the ation, but as a guarantee of good Governor oftkls Territory,' gppuiuilng 1 r faith. p9 Who ture in town . mlla the cheapest furniT David Cluff, Jr. Items from Cache. From Mr. Martineau, who called this morning, we gather the following' Items: ' The snow In that region Is a foot deep, and many cattle have died on the range. The Utah Northern is progressing favorably; they, have .buiitb'er forty miles of road In loss than a year, and business on the line is steadily Improving. Annual Conference. Annuel Con,The Forty-fourt- h ference of the Church of Jesus Salats comChrist of Latter-da- y menced yesterday morning at 10 oclock, In the New Tabernacle. There were present on the stand a few of the leading men of the Church; the fongregatioa would . probably number over 3,000 persons. The Conference was called to order by President D. II. Wells; choir sang; prayer by Bishop L. 11 Harrington, of American Fork, after which singing by the choir. Elder Orson Pratt, Ben., arose and delivered a short eynopsis of the history of the Church, during the past forty-foyears, showing ' clearly and in his usual plaimmd demonstrative manner that this kingdom was not organized by man but through the revelations of God. President D. II. Wells said It was proposed that the Conference should adjourn till the 7th day of May next, at 10 oclock a.m., to convene at the same place, which ho put to vote; carried unanl mously. Choir sang;, benediction by Elder W. Woodruff, Conference adjourned. Forty-fourt- h ur him to that office, to fill a claimed vacancy, and bearing date March 3rd, 1ST 4, some days after the final adjournment of the Territorial Legislature. The other present a eertificata of election, duly certifying, that, on the 20 ih day of February, A. D. 187 1, by a Joint vote of the Legislative Asscmby, he was elected to 'the office of Territorial Marshal. This action of the Legislature was under tho proi Won of a Territorial Act approved February 4th, 1S52, creating the office and providing the manner In which It should be filled. Both parties claim to have taken the oath of office and filed the necestary bonds. It is not only important that the Court should arrive at a correct conclusion, if that is passible, in this matter, but that, whatever the conclusion may 1, it should do so at once; that the business of the court may proceed without unnecessary delay, and that there may be at least an officer de facto recognized by the Court, to serve process and execute its orders. An officer derives his right to an office from his election or apjxiintmcnt, and his commission Is simply evidence of his title. - When k- has been airly and legally elected, his right at once becomes absolute. ""The riukt of the person claiming nnder the appointment of the Governor alone, depends upon w hetlier there was a vacancy or not, and if a vacancy, such a one as could be filled by Executive appointment. The Legiblature by a joint vote haring elected another peroon, than the one appointed by the Governor, to the - office oTTcrrltorial-Marshalan- il salid. It must be claimed on the part of the person, basing his right to the office upon his appointment and commission by the Governor, tliat the Act referred to is valid, except so far as it point out the manner of filling the office, and as to that, that it is uneonstitutioanal o opposed to tjie provisions of section i:i:celu::ecj3. S T 0 II E I HENRY WALLACE, N E W -- COEiFECTlOriER PURE CANDIES, -- 17. rrES-V.'YT- 8CJ,... ER Dealers la CLOTniNO, WHOLESALE, groceries, BOOTS. SHOES, TOBACCO & CIGARS, CANDIES AND NOTIONS. Fre.hSappl JTut Received ofOood which we will Sll than lgver. 04 Cheeper LIDDELL & BROWN, HENRY E. PHELPS, ua (Opposite the Tbsl I am determtowi to sell myprrentifock of goods aud refill with aa entire aew took of DBT GOODS. Renona visiUng Urecity now and during t co part of a statute b stricken out, that w hkh remains Is complete tn itself, and of cajiable being executed in accordance with the Legislative intent, w holly independent of that which was rejected, then it may bo sustained. Applying this rule to the present case. If the portion of tho Act, providing for the manner of filling this office is void, then the wholo Act is voiJ, for the balance can not be executed according to the Legislative intent. Is this portion of the Act void? The same rule must be applied in construing Acts of the Territorial Legislature as in aits of Any other law making body. It Is a settled doctrine that no Act of the Legislature can be declared void, unless It conflicts w Eh some express provision of the con (dilution, and the Court must beabie to point out the provUioo. An Act of the Legislature can not be declared void unless it is plainly unconstitutional. The power of the Legislature i omnipotent, within constitutional limit, and It acts are to be regarded as primes facie constitutional. The question b one of Legislative power, and not of the w Isdoni, or even of the Justice of the manner in w Inch that power, if it exists, has been exer- ftheirc rr e n c e ri a Will find It to advantage to give u cell a we guarantee SATIhFACTlOX. OuretockconeUt of HI pie Iry tired. Urete.Kt.ore. Hat aad Cp,3eliei, Jewelry, (iwUilng. and everything u well Aererted ually found tn r. service. Submitted. In the case of Jas, Diamond ts. G. Nebekerj on certiorari. Submitted. A few aliens were admitted citizens of the United States. Court adjourned to Tuesday at 10 oclock a.m. , .. J Cfce.) Halt Lotke City. PUBLIC NOTICE. , 8TIIEET;. SO MAIN. CM&OOBIRliES, game Ad.usiisceptable of a construction that icdl amid such eonfld, and SS Jam St., north of Post Qjf.ec, . that construction la snpporten by long HALT LAKE CITY. usage in this and other Territories: Under these circumstance It I the duty of the Court to adopt it, and to declare Hisbtat cath pries paid for the Territorial Act valid. Dried Pesfche. The Court remarked that no cases would be tried by jury until SCOTCH HADD1C3 the regular term which would be the second Tuesday In May next Daring tbs Cold Westher. In the case of R. Gough w. W. T. Matthews, on assumpsit; judgment by default for the bum of $172.03 and Interest In the case A. Grimm rs. TV. D. TO OUR FRIENDS AND PATRONS IN TOWN AND COUNTRY. Roberts; on motion to set aside default; five days given defendant t to answer. We wUh to tender to you our grotful In the case of F. D. Clift J. acknowledgments tor the very large Iloutz; on motion to set aside amount of patronage you have bestowed upon us In the past, and we are resolved tf faithful and honorable trading will l. Eatab-Ushmcw- mart z. a. ht. x. raiLLtriERY GTontr D A LADIES EXCHANGE. merit your confidence In the future, we are I it. jroxifiH resolved that shall be our line of conduct, TTTTsHKS TO C VLL STTEXTTOX TO Y hrrnfv thick of Spring OoodJt a we possess Increased mean toyther arrived from the F.aJ, oonsixllog of the with a long experience, Wp have luaile jstett et lee of urns. HIMNG and SUMMK1X very extensive purchases In flat and &c. pir N ew Goods. Trier Stubbs Cape, Beet and Share and a large line wishes to inform his numerous patrons of Cents Fnralshtny Coeds, all of Call ead Ilxamlae. Priw te Hoi tliat he has Jnst received s largs stock which sre are determined to sell at the the Time. of Groceries, Wines snd Liquors, etc. ettu, which he will sell at the lowest lowest psmIMe prtere, Whslesal. SUBSCRI3EFOR THE novlO aad Retail. Orders from town and counliving prices, HATS, FLOWERS, 4 erne cou-kruin- try solicited which will receive our careful attention. LIGOTXIXG SPARKS. Respectfully, Utah Mining Gazette,. The steamship Mcrrimnc arm.WORD dr BOSS, rived at New York on Monday. Halt lathe City. TKE CMLT KEV.'SFiFER II UTAH And now Richardson denies marl that he is to retire from the I iE VOTED WHOLLY TO ITS Treasury. HAPPINESS SECURE TO n Judge Edmunds, a lawyer and spiritualist of New York, Is dead. IX Charles Ernest Beuli, a distin Ml guihed French classical scholar, EVERY on HOUSEHOLD died in raris Sunday. Commercial Interests. Gen. I)o La Concha, the new Cart. Gen. of Cuba, was expected rRfKTRK oin Washington on Mond iy. cised. COO While the Court will declare that General Tristaly captured IT IS AS legislative power cam only be exer- Republicans near Calaf, the troops without cised within the limbs, proscribed by surrendering well-know- MINING v -- A STYLE 19 the fundamental law, it is equally bound to keep within the aphere allowed to it by the same instrument. To do otherwise would be to arrogate the power of making the fundamental law, w hat the Court may think It ought to be Instead of simply declaring w hat it Burglars entered the etore of Sat- Comstock Bros., Utica, N. Y., urday night, and tdole bonds amounting to $20,000, and $150 in money. - ESTEY ORCAfl, ILLUSTRATED THE GIVING guide us can we rev that this statute is In conflict with the Organic Act, But w hatever may be the opinion I may have upon the subject, I am bound by the decision of the National Supreme Court. This very Act has Iwn before that Court and has been declared valid. I refer to the cse of Show vs. the Staten rfi. ret Hempstead, a recent case not yet reported. Snow wa elected to the office of At- Udl 4 TemiorTiJ'Awuviby, of this Act, and the decision of the U. S, fhipremo Court, established bis right to the office. In rendering that decision the Court That the power given to the says: Legislature is extremely broad. It extends to all rightful subjects of legislation eonsinient ttth he Constitution and the Organic Act itself. And there f feme to be nothin? tn either of them instruments trior direct y conflicts trUh the Territorial late. If there w any consistency at ell, tl is fa that part of the Organic Ad which provides for the -- umW-eeUoa. -- povter to legi-lat- positions. . - thought thal, there tt ill bo no election of Gover nor by tho peojdeof Maschusett3, Tho prohibition vote is much larger than Lv-- t year. Tho Association of Mexican veterans, on Saturday night, decided to lay before Congress a list nf Hurv Ivors entitled to premiums. The number Is said to be 30,000, InMt Vernon, O., Saturday ' in the attempted enforcement o Judge Davis order in regard to the obstruction of sidewalks, It whs resisted, and troublo was an ticipated. On Sunday night a farmer, In Bluffton, Ind., in attempting to ettla a quarrel between tw roughs In a billiard hall, was knocked down with a cue anr kicked in the face, lie diet It is generally shortly after. S WEEKLY Cuts cf Alining Toums, moun- tain Scenery , J The bombardment of Bilboa CHAS. W. STAYNER vtas resumed on Friday, fierrjtno I reorganizing his forces and the FILLS ORDUBS FUCMITLY 1 OR their Carlists are strengthening PAPER, GEM of tho PARLOR. Well Executed Professor Gold' win Smith, In is. pnblirdied letter on Home Rule, With thee fundamental doctrines to advocates giving local institution o on local affairs-- that torney General by a joint vote of the person having complied with the requirements of tho Act, as to acceptance and qualification, there can be no vacancy In the office. If that portion of the Act authorizing snch a proceeding on the part of the Legislative Assembly is appointment fey the President of an AtSILT USE CITY EJSliiESS. torney for the T rmfory. So w ith the portion of the Act now under consideration. If there ts any inconsistency at all, it is In that part of WHOlEMlt AX9 fitTJUl ' the Organic Act which previu fat the appointment by the President of a Marshal for tho Territory. It is not Inax KAxiruTcr.ia cf timated that there la any inconsistency tn thq manner m which the incumbent is selected by the Territorial law. The Supreme Court say further But HALT IVICIC CITY. U.T. O is that necessarily an inconsistency? Prlz Chewing Gum, Raisin, rigs. Candy, The proper business of that Attorney Lemons, Nut. Maple Orange, Sugar, may be regarded as relating to cases In Etc., Etc., at United which the government of the State Is concerned. The analogous O case of the Marshal, and the separation the Country Order (rotn Govof the business of the Court a to wttvnded to. promptly to ernment and Territorial cases, Kin give some countenance to thla idea. At all events, it has sufficient basis for its supjiort ti) establish the conclusion that WHSLESAII fitT Ail CLAIU3 IS there is no necessary conflict betteeenihe Organic and Terrilonai laws. The Or seven of the Organic Act, and not a ithin the power given to the Legislative Assembly by section six of that Act, and therefore void. The Act provides In Us very first section, and starts out with this declaration, That a Marshal shall be elected by a joint vote of both houses of the Legislative Assembly, whoee term of office, Ac., and then gives him certain powers, and defines his duties. The manner of selecting the incumbent is thus Inseparably connected with the creation of the offices and if that Is void the whole Act Is void, and there is no surh office or officer as Territorial Marshal. There Is not a provision or Intimation anywhere in the Act iuelf, that If the Legislative Assembly have not tho power to select the Incumbent in the manner provided, that it should exist anywhere else. The intent In the manner of filling tbs office Is plain, and cannot be severed from that in the creation of the office. From the wording of the Aid I - must conclude that they w ould not Lave passed it with a prov Lion that the office thus created should be filled in any other manner than that w Inch D prescribed in the Act ilselC. It is true, that a statute may sometimes be held void in part, and valid as to the remainder, but this can never be done without the mostjnanlfust usurpation of Legislative authority, except where the Court on an Inspection of the whole statute ean satisfy itself that jt la enforcing a Legislative Intention la so doing. It can never so hold, without the most manifest impropriety when it is plain that to do so, wonld defeat the Legislative intent. No Court Is at liberty to split legislation Into fragments, and arbitrarily, from it own notions of what tho law ought to be, give effect to one fragment to the rejection of the rest, The farthest a Court can go Is this, if, when a void "4 THIKSUrEr.B INSTRUMENTH AT FACTORY PRICES IT IS THE PAFIUt FOB Till! MIXER MECHANIC AND AND BUS-IXES3MA- N, Rimii'S A WANT LONG FELT IN TIIE TERRITORY FOR A THE ESTEY ORGAN I acknowledged to be the moat durable, sweetest in tone, and to contain Of tho nunt valuable Improtcinenl-my ORGAN In the market. An Honest Organ at an Honest Price. Reliable Statistical JcarsaL se?;o Foa sfeci::e3 ccfies w 1th Salt Lake Herald, Find South Sh, Salt Lake City. Office Foat Office addrosa. Box 5S7, Salt Lake City, U.T. R rERgvrraro-Pro- f. Vi and other leading musician out the Territory. ASCRIPTION BATES: - - One copy, one 3 1 r J. Thomas, r)t mnntlia.. through IS thrve rnouihs- e!5 -- f - t.C-- fiVV Lfi |