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Show n,UMKTtrffEFiaEycY--EiLir "Vliitwiii the tio vernoi-dcf "with the Asjluin deficiency bill?" was the question ques-tion asked'by a good many ieople yesteri day. The i)ill referred to, which was senjrto the Governor for his approval or disapitfo'valjMOajsigcvJsas ljows: Whereas, By the provisions of an Act entitled en-titled "An act repealing section .2JL,.Chaptr XXXI., of the Laws of 1880," approved Feb-' Feb-' rnary 27th, 1884, the Territory became liable for one-half ojf ;tlie carejfind keeping "of the indigent insane; and f ' I M j f - Whkeeas, The Board of Directors of the Territorial Insane Asylum," as "appears by their biennial report ending December 31st, 1885, found it necessary for the completion and famishing of said asylum to borrow the sum of thirteen thusand dollars; and ' Whebeab, Other liabilities aggregating the sum of $3,4i1.15 are still existing against - -. said Asylum; Thebefobe,' iie if enacted by, (he Governor, and Legislative Assembly of pie Tenjtary of-Utah: of-Utah: That there be and is hereby appropriated appro-priated the sum of twenty thousand dollars out of any moneys in the Territorial Treasury Treas-ury not otherwise appropriated, for the objects ob-jects hereinafter specified: i ' ; ' ' h For borrowed money.'... 13,000,00 For Territorial portion, care and , , . maintenance of indigent insane. 3,543.85 For miscellaneous' liabilities.:.'. .. 3,451.15 Total . . . .' $20,030.00 The question with the Governor now i: Can he, without stultifying himself,' without recedinj? from a position in which the Organic Act of the Territory sustains him, give this hill his approval ?That, provision for"t'Iie "liquidation of "the' asylum's indebtedness ought to be made, "and' money appropriated for its "maintenance" "mainten-ance" in the" iuture,ls clear to all. Eut in vicw of the fact that the Legislature stubbornlyt -refusesj to recognize the right ( oft Ihe Executive to appoint the officers who shall handle the money here sought to be appropriated, how can the Gov pernor, bring, himself tosee thatitisliis duty to approve this measure ? , '' In his message to the Legislature, Governor Murray made the following recommendation : f- (,. ; .:. -,f "- ' I recommend the repeal 6f all laws and parts of laws inconsistent with section seven (7) of the act of Congress establishing the Territory of Utah. . AH Territorial oAioers created by- Territorial statutes are holding on by virtue of unauthorized and unlawful elections, some of them held years ago, and contrary to the laws of Congress," an adjudication adjudi-cation of the Supreme Court of the Territory, ' the decisions of the UtahOommissi-in, and the late decision of lion. A. H.-Gtrland, Attorney-General of the United StattS. " - - In support 'of his position and recom- mendations, the Governor submitted for ' the consideration , of the Legislature the decision of Attorney-General Garland, above referred to, from which the following follow-ing is taken : ' . i , Upon examination of the statutes enacted by the Territorial Legislature, it appears that the Superintendent, Auditor, and Treasurer Treas-urer are hereby required to be elected bi-en-nially at the general election by the qualified voters of the Territory. (See Compiled Laws of Utah, 187G, page 247; act of . February 22, 1878, chapter 11, Laws of the Twenty-third session, page 27.) , ;f;; ' .- The organic law, however, (see 'section 7, -i. c .... -n-t-. . -(t-n ohapter- 61 -declares-that-the ' Governor shall nominate, and by and with the advice and consent of the Legislative Counsel, appoint ap-point all officers not herein otherwise provided pro-vided for." And as the three Territorial officers last mentioned are . not " therein otherwise provided for," a direct conflict manifestly xists between the statutes of the Territorial Legislature above referred to and the organic law: ' v - The organic law of a Territory takes the place of a constitution as a fundamental law , of the local government. It is obligatory on and binds the Territorial authorities. (National (Na-tional Bank vs. County of Yankton, 101 United States. 29.) Any -act of the. Territorial Terri-torial Legislature inconsistent therewith must be held void. (Ferris vs. Higley, 20 Wall. 375.) Congress may, undoubtedly, make a void act of the Territorial Legisla- lure valid and a valid act void. (101 U. S. supra.) But for the exercise of this power some legislative act on its part having the effect would be neoessary. .Certainly nothing can be tmthti in favor of the validity of a Territorial Btatute which conflicts with an express provision of the organic law of the - Territory from, the mere fact-ihat-Congress has not disapproved it. , "It follows that the statutes of Utah, in so : far as they require the Superintendent of District Schools, Auditor of Public Accounts, and Treasurer . of the . Territory, to be elected, being contrary to the organic law hereinbefore mentioned, are a nullity, and that those officers should be appointed, in conformity to that provision. . . A similar provision was reached, by the I Supreme Court of that Territory inregard to r. the Territorial Marshal, who, by an act of the.? Legislature of the Territory,. 'was re-qircd re-qircd to be elected bv a joint vote of both 1 houses thereof. ; The Court held the Ret to be unconstitutional with the provisions of the organic law above adverted -to, and therefore void. ( See ex parte Duncan, etc.. lUtahKep.,ril.) , . . . . -j , In pursuance of the authority vested in luiiby the OrgauitvActas pointed. out , " . -in -Uie above, dedsioju the Governor vSome' . time ago sent to the Council the following , ; nominations: For Superintendent "of ' Public ,Scliooas; Parley L. "Williams; for liuditor.Arthnr Pratt v for -Treasurer, j r llolivar lioberts The buncilk, however, iHj'oo&iiieSLe' liovenior's right to make i t these apiJoinUnenlSj, and refused to con-firru"the,miHarion8. con-firru"the,miHarion8. The consequence 9 that the offltH?s aforesaid are.to-' are.to-' Wsy-lield by -men. who have ro lawful right thereto, and if the Governor shonld-; shonld-; approve x.lihe lull Q pow $1 tljeTorej 'l , him, he , bv tliat t f act. , would "" place" himself in 'iW ' tmenViable"j j " light of an otlicial who has receded from ' an impregnable jwsition under" the law, ! and made hiinself a parly to thQ.handling ! of Territorial funds by irresponsible par- ' ties. . . . . . . rf -f " ' p-t -.- f t ...... i ' ,,.--It ;.occprs Jo us that, however desiralJe 'the t nactntent-of "this Mil 'into law may . le, the Governor will Ihj fully justifiel in j returning it to the House 'without' his 1 .Bignatare.y Itoubtless somo' arrangement j ifin 'he naJewith privateV parties' by . Which the moneys needed for the relief ' of the asylum may be procured ; and that I bemg bo, it is to 1 boped (lie Governor j " will return inapiiroved,yjot only this, 1 hut everyv6ttier:'measurersent to him by l' the 1 Ijegislatnre'l) which it. Ms' sought to ; pla6e the funds of tjie Territory in the 1 . i bands id men .whoa,lu.we.w) lawful right i to handle the fame. The Governor is i i now in possession of the fort; let him hold it ! , ' i i |