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Show CM. I. COLUMN. fusion their inconsistent rulings have void, for the balance can not be execut- Z. ed according to the Legislative intent created, and lobby a bill throu is this portion of ihe Act void ! committee, than adajit by tho coni'es- The same rule must be applied in con' niun of paat error, the fallibility f " tit Br.rnMi IkUmtmr. ' itruing Acts of Ihe Territorial Legisla :o: their judgment. ture as in construing Acts of any other TE AGE When did Ilia Honor ever admit law making body.. It i a settled doc BUSINESS IN trine that no Act if the I.egihl.uure can an error in any of his many errone be declared void, unless', conflicts with oas rulings? And when did he not tome express provision of the constitution, and the court must be able to point Wednesday Erenlnir, April $,'1874. try to lobby, either personally or by oat the proviBioa. An Act of ihe Leeis AND i lature cannot be declared void unless it agents, shameful bills through Con- is plainly unconstitutional. The power JSALLOO.VITICK. gress to effect tV.at which he could of the Legislature is omnipotent, within limits, and its acts are to If he constitutional TKo sclcnco of atrial navigatLn not accomplish on the bench? Ara now open for Wholesaling as well as Itetailing. We be regsrded as prima fucit constitutional le to call would down tho come to peuiteut was iutt matoriaHy advanced, cither The question is one of Legislative attention cf our patrons, and the public, to the fact that tow of form even would and mauiieht less power, ooi wudam, or himself, he la itself or in the estimation of the of the of the manner in which OUR HOUSE presumption and inconsistency in that justiceif it LARGEST IX OGDEN. public, by the Wise f lly qndcr the thus exists, hits been power, his to recant. (superior inviting N. Y. the ot . Graphic. patronogo Our linos of Jt is a matter ol great congraula- - While the Court will declare Ibat Leg The bursting of that balloon bladder tion to the people of Utah, that they islative power can only be exercised GOODS. has thrown tho narigators of the up- have at least one Federal official iu within the limits prescribed by the fun- who makes no attempt damental law, it is equally bound to the ATM, per deep a little into the shade, and to Territory within the sphere allowed to it by the powers of tho Legisla- keep FAXC3Y usurp the same instrument. To do otherwise the projectors of yoyages above the ture, but takes the law as he finds it, would be to arrogate the power of makCiltOCKItlES, douda are now generally known by and fills his position with houor aud ing the fundamenial law, what the Court lIAIEIMVAItrc, may think it ought to bo instead of sim(he title of balloonatics. dignity. Etc ply declaring what it is. OUR SPKIXO GOODS, But there U something fascinating ARE COMPLETE. With these fundamental doctrines to in the idea of travelling in the air. TIIKTJiltlHTOIUlLSIAK. guide us can we say that this statute is CONSISTING Of in conflict with the Organic Act. SIIMLSIIU. Of soaring above the noi.se and busilut whatever may be the opinion 1 tle and smoke and turmoil of the lowFollowing it the decision of Judge J. may have upou the subject, I am bound THE CHOICEST STYLES P. Emerson, delivered iu the First Dis by the decision of the National Supreme er world, and moving through ppnee Are prepared to do (lie most extensive trade in this Court. This very Act bus been before City trict Court at Provo, Monday, Ajiril Gth, that Court And Patterns of with the speed of tho locomotive, and has been declared valid. 1S71, as reported in (he Provo Times of I refer to the case of Snow vt the withoua tho rattling and jarring, and United Slates tz rtl Ilempstead, a recent the 7th iust : Prints, heat, dust aud din of tho jostling case not yet reported. THE DECISION. l'ercales, AttoSnow was elected to the office of cars. And there will be repeated atTwo persons present themselves to rney-General by a joint vote of the tjiiiiglmma, tempts to make tho theories of the this Court, eaoh unking to he recognized Territorial Assembly, under sectiou 4 of .Lineim, as the Territorial Marshal. this S. U. and the of the decision aeronauts practicable, to solve the Act, Orgaiirinn, One presents a commission from the Court, established his right to I'cqueo. problem of upper currents, and intro- Governor of (his Territory, appointing Supreme the office. In rendering that decision the Court duce a higher ordir of locomotion. him to that office, to fill a claimed and btariug date March 3d, 1874, ill) A says: "That the power given to the We. are inclined to the belief that some days after the final of adjournment Legislature is estreiuely broad. It exGENERAL ASSORTMENT OF serial navigation has "something in the Territorial Legislature. tends to nil rightful subjects of legislaThe other preseme a certificate of tion consistent with the Constitution and ud balloonathat thi it," election, duly certifying thut, on the the Organic Act itself. And there tetmt tics will pursevore, like other "dream- --'Oth day of February, A. D. 187i. bv to be nothing in either of these instruments The best place in town for a vote of the Legislative Assembly. which dtrecth conitcts Kith the Territorial ers" who havo startled tho world joint was he elected to the ofliiie of Territorial law. If there is any inconsistency at all. It with ' ,stcnngo potions,, until they Marshal. is in that part of the Organic Act which This action of the Legislature was tin achfevf a triumph as great, and ef- uer the provides for the appointment by the President provisions of a Territorial Act of an Attarney for the Territory, OF fect a revolution, as marvelloug, as approved Feb. 4th, 18o2, creatine the So with the portion of the Act now nn ofhee aud providing the manner in which der consideration. If there is any in did thd oneo derided champions of it sutuld be failed. at all, it is in that part of CLOTHING IN GREAT VARIETY. Both parties claim to Lave taken the consistency steam. tha Organic Act which provides for the oath of ollice and filed the neoessnrv me latest aerial project is a trip to bonds. It is not only appointment of the President of a Marimportant that the for the Territory. It is not inti AS LOW AS ANYWHERE IN UTAH. tha North Polo. It is a French Court should arrive at a oorrect conclu shal mated that there is any inconsistency in is poaaiblo, in this matter, if that sion, the matter in which the ineumbeut is Tho ad veuturouu "sensation. but that, whatever the conclusion may by the Territorial law intend to go by ship as far be, it should do to at once; that ihe bus- selected The Supreme Court say further "But as oontonient,; and then ten of them iness cf the Court may proceed without is thatuecessarily an inconsistency? The unnecessary delay, and that there may proper business of that Attorney may be aro tto in a balloon," be at least an officer ele facto recognized .saunt."up to cases in which as regarded relating AND 000 cubio metres of uas. ny ine court, to serve process and exe the Government of the Lnited States holdlrig-1- 8 cute its orders. , The analogous ease of the concerned. the inflating material beinqr made on An officer derives his right loan office and the separation f the busi Ladies', Misics', and Children'! $T0!-FR0fi- T FORGET from his election or appointment, and Marshal, the ness of the Courts as to Government and thepot, ajitl'ith necessary Trimmed Hats and Fancy Gooda. nis commission is simply evidence of hi; territorial cases, seem to give some Jojr ,Bciuutifi.o observations, title. When he has been fuirly mid le countenance to this idea. At all events, his ouee at becomes it hs proMsicmtr fw three months, material gaily elected, right . WOODMAXSEE. sujicient basis for its support to ts absolute. lahhsh the conclusion that there is no neces for bullat, reach tho upper The right of tli person cluimini nn sary co njict between the Organic and Terri which, this time, uer ine appointment of Ihe Governor torial laws. Ike Oraantc Act u suscepti is said to inovo toward the North alone, depends whether tncre was h ble of a construction that mil avoid such or not, and if a vacancy, such a and that construction is support rvi.L stock or PolonJ rcejjJ on their voyago of ono as could be filled by Executive np. conflict, ed by long usage in this and other Ter CIGARS. manes. discovery aiuiof demonstration. Dy poinluient. The Legislature by a joint vote Patent having Medicines, tuder thesrf circumstance inis means mo Aeronaut ie Society eleoted another person, than the one ap duly of Ihe Court to adopt it to the the ollice tf l'lijifl ioteud, 'doubtlof s, to dcuion- - pointed by Uovcruor, of TOILET ARTICLES" lerntorial Marshal, and that person dare the Torritorial Act valid etr.t the existence of this northern having complied with tho requirements AND Hardware, Staple Drugs, Notions, current an the;pncticability of trav of the Act, as to acceptance and qualiti-cation- , there can be no vacancy in the Paper Hangings, Queen elhng it' the- nir, and to find out olfice, if that portion of the Act author ClMIItlAM SMITH, Glass-ware- , ' Saddles, Harwhefher thoro is a continent at tho ing such a proceeding on the part of 3 t'Rf l'ARKD TO LAY CRICK IN THK BKST C. ine jegisiiitive Assembly is valid. . Style of Workmanship lit a Reasonable Kute. ness and Harness trimPole, an openv rolling sea, or whether & IlubLiuV will re- It must be claimed on the pari of the ce OIIDKRS left Willi ve jirouipt mimtion. dl7U-lmings, Cordage and Ogileaa, that passage to tho iutcrior of the person, basing his right to the office upNEW STORE, on his appointment aud commission 3 FULL STCCK. tf by earth generally denominated "Syra the Governor, that tho Act referred to is WHY IS mes' Hole," is a fact or a fiction valid, except so fur as it points out the That U Kiulroad men are now taking S. UORROCKS, manner of tilling the eftice, and as to W. T. BAKER. Vi o. hope theso French savans will tbeir Meals at the DELMONICO ? Be that, that it is unoonsiitutional or opeucceed better than their Wise con posed to the provisions ef gectiun seven cause Mr. LamltBeta an excellent table, Act, and not within the treats his customers right, and ouly frore of America, and that their of the Org-iuipower given to the legislative Assembly wee for board. AGENTS rOK Ogden, project will not prove, like his, to ho by section six of that Act, and therefore tharges $5.00 per DEALERS lJf dHO-t- f void. all gas. The Act provides in its very first sec tion., and starts out with !his declaraa Marshal shall be elected tion, A UECISIOX. by a joint vote of both houses of the Legislative Assembly, whose term of A XEW STOCK OF e give iu another column the io., and then gives him certain 31. and defines his duties. full Uyjt of tho decision rendeied last powers The manner of selecting the incumReturns hor lincore th&oki to lb ANB TIH the In great vi.riety, all for sale First District Court, bent is thus inseparably connected with Monday, in tn the question f tha Territorial isthe creation of the ollice, and if that AT LOWEST RATES. void the whole Act is void, and there . Marshalship. It will be perceived is no such office or oflicer as Territorial And Iti vicinity, for th liberal shar. of natron. that .Judge Emerson takes the ground Marshal. There is not a provision or K .xtPDiled to her during tin past year, and ! intimation in the Act itself, eo iu tu iiioir Bitoiuiou iq uer new stocK of always maintained by UiU paper ,that that if the anywhere ! Legislative Ass mbly have . T3 y V if tluiAct providing for the election of uot the power to soleot the incumbent in the manner provided, that it should Consisting of certain Territorial officers by joint exist any where else. The Legislative sassiou q( tho Logislatu:o is void, in the manner of filling the office is HaU, Iionnt'ts, Feather. then there are no such offices in ex plum, and cannot be severed from that Flowers, llibbonf etc. in the ereatioa of the office. From the , because I.ilie-miltB. the Act which pro- wording of the Act, 1 must conclude that X. .lid I nn.r Clothini, .Iwavi istence, u mou. vjuo auia . nan oiot'Kt sorm ot ZX.M.I. would have not they it with a passed vides for the manner of their election Our n.w WAGOX ind JIACIII-NERprovision ibat the office thus ereated Goods. M. ROWRLNG. also creates the offices. suuuiu oe nueu in anv other manner DEPARTMENT, will ihort- - PAINTS, tnaa OILS, TURPS, VARMSIIES, BRUSHES, TAc. Why, vannot the Chief Justice itself. that which is prescribed in. the Ac ij do opened in tha A FULL LINE OP comj down from the lofty pedestal It is true, that a statute mav some NEW FROM TI1E EAST hioh ho has perched himself times be b;d void in part, and valid as on Old Tithing Office Yard. 7 to the resiaiuder. but can never be above the laws, which are as binding done without the most (his manifest usurpa JUST ARRIVED, IV. n. HOOPER, Sopt. upon hiin as upon any other citizen, tion ot Legislative authority, exceot where the court on an inspection of the AHh and administer the law without whole s'atute oua satisfy itself that it is And what is the use of enforcing a Legislative intention in so Ladies' Store, Alltl orders addressed to T). 11. can so never It doing. without hold, Peer Gov.' Woo3s making dummy appointMain Street, 0j4en he most manifest. ironsorrLetv when it j, Ogden. will receiTa Bromnt STOCK A FINE and is Or to do himself" that ments, on a plain so, would defeat the 'perching .VI . intent. t iuu!at,j pedestal, ; ejde.by, aide with Legislative Iso court is at liberty to split legisla- '"' ' the blundering Judge, an equal ol)- - ion into fragments, ' and arbitrarily. SulUbl for tk . i Jt from its own notions of what the law HATS, Vincs i .Liquors - , .. jeetof foJIy and spectacle of defeated.) ought to be, gWe effetrt to one fragment . , liUiDONS,, to the rejection of the rest. The farthest arrogance? . CIGARS, TOBACCO AND SNUFF. v v FLOWERS, ; a court can go is this, if, when a void JUjtg SIcKeaa would. do well to COHSETS, part of a statute is sticking uiU that HOME, KE55EDY, RED JACKET, PLASTATI05 nd A5G0STTB1 practice what lie preaches. Here is whiah remains is complete in i ILOOPSKIRTS,,, iUelf, and how he lectures 'the of being executed in accordance KID GLOVES, ETC., Supreme Court capable with the Legislative intent, wholly indeof, the Unitod States through bis All of thoUtestStjles, ' pendent of that which was rejected, thn Ladiv r initwl to Call and In.D.ri nar it may be sustained. Applyiug this rule organ, the Dirt Mmpr ; which will b told n" "The judges would rather invoke to the present case, if the portion of the CAEAPEB THAN EVER BEFORE. t&" Prttcriptxont Aeturatcly Prrpartd. Act, providing for the manner of aid to remove tho c6iv this office is mil, iba th whole filling Act is ai68 t F. CAIZTFIi. Sunt. She gilen function. Chnrlcs S. Penrose, Edltar WALKER BRO'S. & ucx, unit. CO. OUR NEW BUILDING ' Having Increased our Stock, IS THE OGDEN BRANCH. D!IY CXOTII5X, II f.OOIS. Just Arriving! ritoYisioxs, Figures Reduced to the Lowest Possible margui. WALKER BRO'S. I WOODMANSEE'S CO., STORE! East Side Main Street, Ogden. d GENEUAL ASS Oil T ME NT Merchandise :5 PRICES m PRODUCE TAKEN HATS, CAPS, BOOTS ... .t tlxo XXigliest 2VE,:rl.et Hates. SHOES, W i f MSI Till DON'T uj STORE! DRUGS, rH GROCERIES, LIQUORS liltlCIv LAY ING. - L. Peebles, Prescription Druggist, Fifth' SJreef, Utah. y Tin-War- e. IT? HOEEOOKS & BAKEE, llaiu Street, of-fio- Mrs. General SIHNTGKEIRS MILLINERY. BO WRING Sowing Ladies of Ogden Machines, CELEBRATED JUST AEEIVED, SPRING AND SUMMER GOODS, THE 87-- Git rince Organs X- -- ISO D rue: store : MAIN STREET, OGDEN. in-to- nt PDRE DRUGS & PATENT MEDICINES, Perfumery and Toilet Y Genuine Old Scotch lWiiskcy, Old Cognac Brandy, ft Fine Jamaica Rum, Dutch Schnapps. MI L LINER ' ....... T Fino Article of Old Tom Gin, orcign and Mure ana BITTERS. w nolosalo and. 2H.ota.il , Con-resMu- naJ ... ' !2tf TTIILI1M DKITEB.rPv - |