Show THE MESSAGE1 > Gentlemen of the Council and House I Representatives I For the second time during my service as secretary it becomes my duty to welcome you as the acting governor of the Territory As the representative branch of the lawmaking power it is presumed pre-sumed you are familiar with the need3 of the people It is hardly necessary + xj remind you that the highest service you can render them will be to place the Territory in harmony har-mony socially and politically with its sister commonwealths of the I Union and thus insure a continuance continu-ance and increase of the prosperity which now prevails The congress of the United States having limited yourseSSIon to sixty days I recommend that you proceed pro-ceed at once to commence the woof ± wo-of the session The Territorial Auditor and Treasurer Treas-urer haTe made their biennial re portswhich are submitted herewith for your consideration His Excellency Governor Murray having receivedan official summons from a congressional committee left for Washington a few days ago Before Be-fore his departure I received the following communication To the Hon Arthur L Thomas Secretary of Utah Territory Dear Sir Unexpectedly summoned sum-moned to Washington on official business I send to you my recommendations recom-mendations to the Honorable the Legislature of the Territory of Utah which I request that you transmit Expecting and trusting to be alloyed al-loyed to return iu time to join with them in the legislation demanded by the wants of the Territory and with an assurance of my high regard re-gard I am respectfully yours ELI H MURRAY Governor In accordance with the wish expressed ex-pressed by Governor Murray I take pleasure in reading to you his views as part of this nie bige which I heartily endorse In his name and my own I now welcome you to the discharge of the important functions func-tions imposed upon you by law and assure you that so long as the duties of acting governor aro incumbent upon me it will be my most earnest desire to cordially cooperate with you in furthering every measure which may promise to be of good to the people of this territory I am very respectfully ARTHUR L THOMAS Acting Governor Gentlemen of the Council and House of Representatives Since the adjournment of the last Legislature general prosperity has prevailed throughout the country During this period the business of Utah which is now so closely allied with that of the country both to the west and east of us has been Unparalleled un-paralleled Indications suggest a continuance of this fortunate condition condi-tion at least for the immediate future Thankful that we are met under such circumstances to you gentlemen gentle-men assembled under the provision of law I beg to express my cordial greetingas individual representatives representa-tives and as a body and to express the hope that the completed labpr I of this Legislature shall redound in material benefit to the territory and result in lasting honor to you and that the future may review our association as-sociation with pleasurable recollections recollec-tions SALE OF LIQUORS Difficulties arising under the acts of the incorporations of several towns and especially that of the city of Salt Lake have been experienced ex-perienced by the authorities in the exercise of the power to license and restrain the sale of intoxicating liquors To the municipal government rightfully belongs the power to license li-cense to tax and control under I proper legislative restriction the sale of liquors As it is a fruitful source of disturbance dis-turbance and of crime its sale should be so guarded as to protect society against the evils resulting from it and should also constitute a fruitful source of revenue for the cities in which it may be licensed ARREST OF CRIMINALS The prompt arrest of criminals is second in importance only to their certain punishment In exceptional cases extraordinary means should be provided for Securing se-curing arrests The governor should be authorized in cases of felony to offer rewards when in his judgment the usual methods do not prove equal to the enormity of the offense and the emergencies of the case JURORS AND WITNESSES It is hoped that full provision may be made whereby jurors andVit nesses called in the trials of civil causes under Territorial statutes shall be paid for their service at the time of such service Otherwise it is severely tryinjr upon the poorer class or our citizens for them 4o be called from their homes for service in the courts which they to the extent of all other good citizens im the enforcement of rights under the law and to no greater degree are interested The territorial treasury should not be required to pay the costs in civil causes in litigation between be-tween individuals but the courts must be open to and the channels of justice as freeto thepoor man as to the rich A jury fee of say S3 should be required in every civil case filed Provision empowering the court to require a money deposit de-posit to cover probable costs in ordinary or-dinary cases should be made If in opinion of the judge or in his absence ab-sence the clerk justice is denied by requiring deposits from either or both sides then a bond with proper surety should be substituted there for when it is shown on oath that such is the case the collection of costs to be by rule or execution upon motion cf either side or by the district attorney in behalf of the territory and all amounts so collected col-lected paid into the treasury to the credit of the jury fund In order that justice may in no instance be denied where a person is without money or friends willing to serve him as surety the court shall be authorized to allow such party to proceed in forma pauperis and costs in such cases should be paid out of the treasury Witnesses in the class of cases last referred to should be compelled to obey the subproeua and paid for their attendance by the territory Provision should also be made for the payment of all fees justly chargeable against the Territory which are or may become due to officers of-ficers of the different courts of the I TerritoryHOUSE I HOUSE OF REFUGE i The reform of convicts as well as their punishment should always enter into legislation for the criminal crim-inal class This should govern with reference to yquthful offenders Boys and girls of tender years should never be confined in the penitentiary with hardened criminals Subh incarce ation tends to their debasement if not to their destruction and f ten times disgrace which years of upright up-right life does not eradicate The establishment of a house of correction and which may be joined with a house of refuge to which courts in their discretion may send minors convicted of crime which as the law now provides must be confined in the penitentiary penitentia-ry is recommended INSANE ASYLUM The work of erecting one section of an asylum for the insane under the provision of an act of the last Legislature is in progress Under the efficient management of the I persons named in the act all has been accomplished that care and economy permitted Provo City was the place of location The ze port of the board of directors advising ad-vising you in detail of the work will be laid before you TERRITORIAL LIBRARY The neglected condition of the Territorial Library is deplorable It is practically useless for the purposes pur-poses intended by Congres or for any other purpose There is in the collection the basis of a creditable library Such action by you is recommended as will allow the librarian li-brarian to add to its capacity and volumes andjmake it the repository of all books that from year to year are received by the different officers of the Territory STATISTICS There is imperative need for a statistical bureau The lack of authentic au-thentic information of the resources re-sources and products of the Territory Terri-tory is daily felt by the agricultural l11anutactnring mining and mercantile mercan-tile interests The act of February 20 1874 provided for such a bureau in connection with and under the direction of the Deseret Agricultural Agricul-tural and Manufacturing Society For want of appropriations it is inoperative in-operative Legislation that will constitute this an independant office with greater scope of inquiry and facilities than is now provided and an appropriation that will enable the officer in charge to group and publish reliable information is warmly commended for consideration considera-tion POPULATION AND INDUSTRIES The population pf Utah as shown by the United States census of 1SSO is 143963 an increase during the last decade of 57177 Our population popula-tion may reasonably be estimated to be 159000 From the census reports in part and from statistical information for which lam indebted to 0 J Hol Ifster Esq I am enabled to give the leading features of the agricultural mining manufacturing and herding interests in which the people as a rule are engaged AGRICULTURE The reports of 1850 which give complete the crops of wheat rye i outs Indian corn and barley for the year 1S79 are as follows I t ISUIaY nmUN con otis RYE WBlr COUNTIES i Acres BUlheI Acres Bushels Acre Bushels Acres Bushels Acres Bushels Iron 291 ms 491 m 353 6i61 = = = l366 10285 Junb 319 5Ul 89 70S 155 3234 927 li32 Kane 71 1686 639 7621 39 n86 632 11933 rlillartt IOn 17375 no 8i5 569 3to 22 40 1470 H5iO Morgan 50 1490 IS 340 197 3656 H16 139B9 Piute 267 3863 528 656 913 7706 Rich 3 410 665 H750 99 9918 Salt Litke 683 15395 1213 23398 836 22073 112 1056 5325 105632 San Juan 30 725 S i4 16 262 59 IOU San Pete 2Si 6126 328 li2 4763 90S92 42 357 9582 16t627 Sevier 160 3426 126 UI7 iS06 522t 4595 i052S SnmmiL 106 0253 903 221il 1n6 31329 Tooele GO 125 60G 5205 61i 13000 32 C2 1300 16130 Uintah 41 880 67 180 Utah 1771 75Gl 2933 11310 2215 50261 45 520 132 126SS Wasatch 5 70 185 16114 1620 291H Washington 198 367 157 1636 29 55i 473 i1 Weber 1580 31677 2314 3570i 1442 30284 67 859 796 120929 Beaver SS1 6482 8t 517 223 331 16lf1 1M70 Box Elder 938 17097 7S0 9021 731 150iS 5iS 3208 833 75200 Cache 176 4H2 624 ro2S 1358 29313 190 22S5 10258 208553 DaviE 2691 33660 891 11163 550 lSt51 65 66B 7153 923i7 Emery 26 126 17 195 69 762 23 2195 The Territory 11563 21iHO 12007 163342 19523 498052 1153 9605 72512 1169191 I The f legoirigt bla does not exhibit ex-hibit an estimated average yield by I fully ssjtf per cent The numerous variety of agricultural and horticultural horticul-tural crops grown must be taken inconsideration in-consideration with the cereal nro duct stated in orJer to form a correct cor-rect idea of the husbandry of Utah MANUFACTURES It is safe to estimate the product of the manufactories of Utah for the year 1881 at 5000000 This is exclusive of the bullion product Lumber lime flour and brick is expected ex-pected to supplement settlement In addition to these boots and shoes stockings woolen fabrics leather matches furniture and other commodities are extensively manfactured The production of our manufactories however do not sjpply the demands This field is inviting to capital and one which it is hoped will soon supply our constantly con-stantly increasing want MINING Six and a half millions of dollars is a fair average yearly output of gold silver and lead of Utah mines from 1870 to the pre3ent time computing com-puting gold and silver at their mint valuation and lead at its value inN in-N cw York city For the amount of money invested in mining operations opera-tions within this Territory which in comparison with other mining states and territories is small this is a gratifyingresult With further developments and increased experience experi-ence in the reduction of ores it may confidently be expected that for years to come the yearly output from the ountafns of Utah all of which are mineral bearing will average largely beyond what has heretofore been realized In coal deposits Utah may well be considered the Pennsylvania of the west in iron deposits perhaps Unequaled i un-equaled on the continent With minerals other than gold and silver and coal and iron studding the mountains with our granite and marble sandstone and limestone we have a permanent foundation for power and wealth in the future which should be guarded well by legislation that will estop much burthensome and frequently impoverishing im-poverishing litigations which often follows the development of valuable mineral deposits CATTLE AND SHEEK The occupation of lands for purposes pur-poses of husbandry has reduced the opportunities for cattle and sheep raising There is within the Territory Terri-tory say 200000 head of cattle andover and-over 600000 head of sheep There has been sold beyond the Territory during the past year not less than 50000 head of cattle at an average of 25 per head and a yield of over 2000000 pounds of wool for which our raisers have received twenty 20 cents per pound With so much produtive land and with more already al-ready exempted and to be utilized by scientific irrigation and with our yielding mines and busy manufactories manufac-tories in addition it is well to look to it that such legislation is enacted en-acted as will foster home production produc-tion furnish the people remunerative remunera-tive employment and the requirements require-ments of lite cheaper than other markets c m furnish them POLITICAL SITUATION Impressed gentlemen with the necessity of such action by you as will usaimilAte the Territory ol Utah iu so far as laws and busin are concerned with the country of which it is dud must forever be u important part impressed with th fact that the present presents tin opportunity and in your hands rests the power to prosper and gladden the homes of the entirE people of Utahto throw wide open hergates to capital and thrift ana to peaceable and enlarged industries indus-tries to secure the full blessings of American citizenship under the Constitution and its benign ws to accept freedom of political and religious re-ligious belief under Supreme Court adjudication and security to this Territorial government Appealing to you as the political representatives of Utahs people whose best interest I shall ever earnestly endeavor to promote to consider in wisdom and with patriotic patri-otic purpose that which today be assured your hands find to do addressing ad-dressing you not as representatives of a church but as representatives of the whole peopleas law givers submitting that your duty is and of necessity should be distinct from ecclesiastical feeling suggestion or influence calling to your mud that as the sun controls the solar system so in tha providQ ceofthe Supreme Being must the Constitution and laws of the United States control your actions and mineand upon your honor as men and oaths as representatives rep-resentatives I ask consideration in your wisdom expression in laws of active force in regard to the following suggestions gf living interest to you and of vitaMnterest to your children ff Pirst That in no sense even in the slightest degree is the sovereignty sove-reignty of church over state in unison with the language or spirit of the Constitution or your coun trys laws That political power is wielded by church authority throughout Utah is a tact That officers of Church exercise authority in temporal affairs is a fact That the sovereignty of the Church is supreme and its practices followed the laws and courts of the United States to the contrary is a factThese being true in whole or in part I submit Do you believe that the government of the United States with all its humanity will much longer forbear to assert its authority in support of its absolute and undoubted un-doubted sovereignty The church j I supreme in its proper sulifar j spiritual affairs The government is supreme in its spheretemporal 1 affairs The claim for church sovereignty sov-ereignty in temporal affairs in the i slightest ree evenis agrievious mistake a forbidden claim Its abandonment may shatter cherished hopes in the breasts of some to whom I speak but it is a mistaken claim and the exercise of authority there under is illegal and destructive If by that you in the exercise of your authority as lawmakers and as in my opinion it is your sworn duty adjust this grievious wrong Abiding peace so much needed and abundant prosperity with its attendant at-tendant blessings can never belong to the good people of Utah until the flag ef the United States is universally uni-versally regarded as the symbol of absolute sovereignty Second Assessments and tithing Voluntary contributions in aid of churches or charity and in aid of political parties are commendable but the exaction of assessments for political or other purposes by or from persons holding public office under the authority of the Territory Terri-tory should be forbidden the exaction exac-tion of tithing for church or other purposes from any citizen or aid given to any person so exacting by any public office or by any cor poratioH or its agents organized under un-der the laws of the Territory should be forbidden The poor man who earns a dollar bv the sweat of his brow is entitled to that dollar It is the reward of honest toil and he should be protected in the full enjoyment en-joyment it Any exaction or undue un-due influence to dispossess him of any part of it in any other manner than in payment of a legal obligation obliga-tion is oppression Public officers whether precinctcounty or Territorial Terri-torial who make or aid in such exactions ex-actions are unfaithful servants of the people they serve POLYGAHT In the third place the system of plural wives properly defined in the common law as polygamy wasby act of Congress of 1862 denounced as a crime The constitutionality of this act has been fully sustained by the Supreme Court of the United States It being claimed that the people of Utah are a lawabiding people1 submit as a necessary sequence se-quence that you as their representatives represen-tatives should enact laws in accordance accord-ance therewith GOVERNMENTAL ACTION I would have the paternal hand of the general government in the spirit of the most enlightened civilization civili-zation and with the broadest humanity hu-manity protect and shield the people peo-ple of Utah to aid in the education of tkeir children in the cultivation of their valleys and in the dev on I ment of their mountains I can jot be mistaken in saying that in tis I reflect the wishes ot the goviin ment and of the fifty million Jr people that constitue this country the freehanded defence of universal univer-sal liberty May I not in confidence ask that you allow me to join you in this work in the abolishment of the doctrine of hate and that you make it possible for young Utah to look the world full in the face in honor in pride and in unison with the jaws of the country RAILROADS The report of the Hon Jas K McCammon commissioner of rail road i for the United States in his report for 1881 to the honorable the I Secretary of the Interrior says The indications are that within a short tune there will be five different routes to the Pacific Coast where less than a year ago there was but yne This ia a gratifying announcement announce-ment There are reasons to expect hat the number will be seven or at leait six The additional two f not transco itinental are at least practically so V III addition to these are the longitudinal longi-tudinal lines two of which will directly di-rectly tend to establish the Territory Terri-tory of Utah as the great central intermountain depository of the wealth from the north as well ast the south of us Thefollwing companies have been organized during the years 1880 and JS81 under the laws of the Territory Terri-tory upon which work to a greater or less extent is in progress and which joined with facilities before enjoyed give promise of lasting benefit to Utah No of Estimated Name ofCompjuy miles cost Bevier Valley Railway Co 600 S 0000000 Utah Southern and Castle Valley Railway Co 121 1800iro Utah A Nevada Railway 87 1 00000 Salt Lake Ic Park City Railway Rail-way Co 52 5200 Salt Lake k Western Bail way Co 200 00000 Denver Rio Grande Bail way Co 3022 43030003 Denver k Rio Grande W ebt ern Railway Co 2370 3Ifl2PKO Utah Eastern Railroad 50 tjOSO 0 Echo k Park City Railw v tJoJ1 50000 asantValIeyBranck Utah Central Ball way Co 60 110000 Califorola Central Railway Utah Division ito 5030000 Utah Central Pacific 110 Toist Si o 5HOJ IRRIGATION JX There is greafywaste oftwater in irrigation throughout the Territory A much greater acreage should be supplied with the water that flows through our streams Steps looking to this end must sooner or later be undertaken Relying as we do upon irrigation to an almost universal degree for agricultural fields and with a view of meeting demands of increasing population by bringing under cultivation the greatest possible pos-sible acreage I recommend the inauguration in-auguration of a practical plan < to economise Vie natural water supply To accomi 1I this muchtobede 5i pd end c entitle system under cumDeten e neers should bede termmed upon This Legislature can at least take the initial steps looking to an economic and uniform system CHATTEL MORTGAGE I An act establishing and for the enforcement of chattel mortgages is I suggested for your consideration 1 PUBLIC SCHOOLS I Public schools should be free schools in every sense and heldin i school houses built by taxation as now provided and additional taxa 1 tion if necessary should be author ized The habit of teachers relyingin part on private subscriptions is pernicious per-nicious As persons of every belief are properly required to support public schools doctrinal religious 4 teachings should be excluded Pub 1 t lic schools that are free schools are an essential part of republican gov I eminent Money spent in placing freeeducation in the reach of every child is well expended Such advantages ad-vantages for our children ennobles I them and gives the poor mans t child an equal chance yith the rich Every step taken in perfecting a a free public school system is of incalculable in-calculable benefit to the Territory REGISTRATION It is the duty of every citizen to vote Prerequisites prescribed by statute while guarding against every possible fraud should be so perfected as to give the amp lest opportunities for every voter to comply with requirements q re-quirements With this end in view in addition to the duty now imposed upon assessors as registration i registra-tion officers to visit the dwelling houses in each precinct the one week commencing 1st day of June should be extended and publicity pub-licity bagiven by notice on thedoor of the postoffice or court house or both if there be such and in three t other public places in the precinct giving information that voters who mar have been omitted in the assessors asses-sors rounds may apply and be registered The registry list should be posted in like publi places Justices of the peacein the absence of registration officers should be i authorized to register voters up to within ten day of any election i and on the days of election upon oath of any otherwise legally qualified quali-fied voter that by no wilful neglect he failed registered the officers of election should permit him to vote The Secretary of the Territory should be required to furnish each precinct with ballots and envelopes of uniform size and color The Act for < Registration and to regulate the manner of conducting elections failing to make in practical practi-cal operation a secret ballot is commended ft com-mended to you for amendment RIGHT OF DOWER Sheer justice demands the right I of dower for wifehood Unjust discrimination dis-crimination unrest and untold suffering follow its denial Every enlightened argument favors it To I grant the elective franchise and j 1 druv the right dower is entirely I inconsistent It is denied in no I state or Territory except where I something better is given The pas aQe of an act that restores the right of dower to the wives of Utah will receive my cordial approval j4j REVENUE The reports of the Auditor and it Treasurer are transmitted for your information A joint committee of which the Governor shall be ex officio a member charged with the i duty of ascertaining what if any l property liable to taxation under the I law fails to pay and what if any better method can be adopted for the collection of unpaid taxes and t for the more perfect equalization of assessments and what amount of unpaid taxes is now due the Territory Terri-tory is urgently recommended POSTPONED LEGISLATION Legislatures as a rule postpone to the latter days of a session the passage of bill The veto power imposed i1 im-posed upon the Governor makes such delay extremely unfortunate Time is necessary for the examination 1 examina-tion of every bill which in their wisdom your honorable bodies may f enact The failure to secure legislation I legis-lation by reason of lack of time for i their consideration will not be properly pro-perly chargeable to the Executive I 4 GARFIELD f Thedeath of President Garfielajat it the hands of an assassin enveloped the whole land in horror The man who perhaps above ail others represented j repre-sented the possibilities of American i citizenship while occupying its highest place met with heroic fortitude forti-tude the pain and long suffering that followed the foul blow The eyelids of the President closed in J honor and in death found the Executive Exec-utive power of the United States in the secure hands of a patriotic and honored successor named by the 1 voice of the American people With dangers passed and with strength equal to the years our t f countryhas no peer For Utahher i future and the country may Pes f press my fears my hope and my pride I have the honor to gentlemen your obedient servant f i ELIH MURRAY f J i1 iJ 7 Governor f i i oMthe Hon the Council and ji r lrguor < Representatives d |