Show cTr vernora 3 Illes message sag e t to the legislative f to the council and eoute of depre of the legislature of utah bhele assembly of eighteen hundred and and fifty eight and nine adjourned in m this city on the ihor first day of january last td to reassemble re assemble on the second monday in december of the present beark year at the social 11 hallin allin this city at will which ch place cowe we are now convened fo for the T purpose of f di discharging sc hargin duties m which i h devolve upon poll Us is under the author authority 1 t 0 of f the organic act for this ry I 1 du during ring the past year the inhabitants tan is of this territory for the most part have been peacefully and profitably employed in i t their y various land olis occupations c aled lir ahrer onri cupat ions ioris but I 1 r regret e t t to be abl obliged to state that tins this city city and the vil 1 lage of fairfield near carlip rio d I 1 in in the military reserve resene have been 9 i he scenes of many murders and oiher er acts of violence the cerp perpetrators 8 of which have fled and thus eluded all communities are dishonored in in proportion to the extent in which crimes are committed luth with impunity in in their midst if the organization of the police be defective it should be reformed and if tile there re be a deli I 1 chency in the finances of these cities 1 foie for enabling them to arresa offender i I 1 would woula recommend reeo romend that an appropriation pria P tion be made madeford for their relief from th the territorial paal treasury an act tio to establish a ia gover government quien t for or utah approve approved september lep i beigh eighteen teen hundred r and aind fifty y contains OT ains the following language I 1 th the judicial I 1 power of pandit said 1 try ry shall be vested in a supreme Court District Courts Probate courts and in justices of the peace the jurisdiction of s said several courts herein provided fori both appellate and original and that of pro pio hae bae courts and justices of tile the pea peace cc S shall hall be as limited lin sited by law the legislative of for the year eighteen ihleen Il hundred undred fifty two passed a an act in relation to the judiciary 1 approved fourth of ieru ary ei eighteen t e e it hundred tidy fifty two lo 10 section twenty nty ninth of cf that act reads I 1 thu hus the the seve several ral probate Prof cate courts tn in afi their air respective arr in in Chance ry ryas as at law ii hen hell lot legislative lyla tive enact merit this act ua 10 provides for appeals rip peals n 1 from probate courts thus vill mill pe e perceived that your our ede c cevois en bol anve eien years ago and under er the col SK n of of the er gran ed ly the organic act conferred upon tl the cols C ats both b oth civil arld and crimi nal ur icelic aa in addition to the pow ers galind gal to courts I 1 have havel been informal formally iv advised i that the federa budges bave disarro vea ed of ali liis construction oz estrue of the organic act PS as in in this action of the legislative assembly xe yet I 1 am not aware thai q case has come before these offic officers ers in such form fori as to elicit a becis decision n upon its merits so as to establish a legal principle J I 1 would therefore recommend that a this his question qu wirt beta ken 1 en up I 1 TP through h the proper tribunals i for a final decision if ibe action of I 1 ine j be sustained ined this community will enjoy the undisputed right M of protection protect ion through gli abe prompt action of a tribunal always present instead of being obliged to attabit the lardy action of bf the district courts which ar are in but once a year it if however hb W ver the decision lion of the su pherne ireme court should be adver adverse sefo tb the v of such much power by alie th e probate court you will then be relieved from the embarrassments embarrass emba aras ments growing out of its disputed powers bof cols S C stambaugh surveyor general for fo the territory of utah uta commenced on the dakof day of october 1859 an examination of certain surveys made durin the tion lion of his predecessor the incura accuracy cy of which surveys has been questioned if these surveys be approved it may be reasonably supposed that the government will e establish land lan offices lees here er e so see soon n as the indian title tite sha shall I 1 I 1 haie have been extinguished in view of ofa the public lands inthis s Terri being offered for sale by the proclamation of the president deni of the abe united states stales I 1 would commend to fo bour your consideration the propriety of adopt adopting ting some legi legislation s lation in relation to the khe grants of kenyons kan water power biver timber tillable lands and other property bian belonging 9 ing to the united states I 1 an am aware that these grants grant s are arc considered as only temporary arrangements for the purpose of inducing parties to spend la bor and money mone yin in rende rendering rin g the property araa able it is ailt Iv evident ident I 1 however ever that all these grants ie be entirely valueless unless art saner albi ed adb b the united states govess GoveS 0 in m which is is vested vested the exclusive le ersek dt 61 these lanTs lan TS and f from rom wah oy t bourre a lone any t title red cadt 1 l under exi existing circumstances Cs il 1 the grants 0 of f lands io lo 10 be used sd fai forli herd eria ing and uther other purposes are 1 l arge an and their has become ey opp ephre to certain reaia port portions of the color at and zi I 1 bould tha ado uniti t of measures for their I eventual eventus I 1 1 abol h ni hishme ashment ish ment t the land laws of 1 r country are based upon wise and 1 our ml r eral principles and extend t their air lection to actual settlers upon pro ib domain lic the usurpation usurp atin 0 divi duals ata and speculations onen of monon T f lists when the daoa lands 1213 0 are opo T ret open s sale a le an and d pr preemption pre e ceMP emption tion the rubi i t i tl L I 1 t terell e r st a and nd m more re especial especially es ly t he i 1 est cf the poorer clas classes would ho uld ul ba I 1 promoted by restricting claims ly by I 1 laell to less les quarter section sections and I 1 they should bp be res ig lots S no g a exceeding y acres each I 1 V aull r recommend 1 that thai congress le e inego inci noLi c ria lizea on the subject of subdivision lii of quarter sections sections ill in accordance with the suggestions contained in the 1 for paragraph and alo ala the permanent establishment of MM system for the equitable of water and timber if this latter provision be neglected neglect edthe the deiv w 1 duponts of the kenyons and timber lauda nay may exercise exercise an oppressive its fluence upon the occupants cirpS oc of the ul il lable 1 f i ands ads in the valleys in my to lo the leg isla tive assembly on oil te alle I 1 day of fdez december em ber eighteen hundred and fifty eighth eight endea verea to loime lin press pr esa tipon upon thit body the vital import tance of appropriating ig a portion of if the he territorial revenue to the estall ii and maintenance of cor mori mon schools throughout the Terri ic ry fadl again agai nuie urge that ihal subject B on your earnest consideration the rising defte rations are abbout become th alie e 0 f the sol the he ac actors tors in ill the i fairs of life the children of lit poor are equally entitled entitle J to lo the hi N I 1 befits of education with tho those se of 0 fa rich I 1 lie let a hysten of 11 li aaion lie adopted ahia will en eibak aarto received recene that arar chich so meare at arr rali vuly detar reil Coni cannot at be to knole latr xi i e taw ayal I 1 aud and certain conj cothren byI by them hein I 1 I 1 am informed that in this ter ten tory a large alge build is M annually dern 1 l ed fr from in llie ile tithing of the p hopfe l this fund I 1 as a le subject for taxa lionas er r c church h arch property I 1 therefore rig ackt t t e r s labb of a lavy for s cur j in ing a revenue tor for lull other lother purposes from these sources source by reference to the auditors bej port I 1 you enill I 1 k ill perce iyo here is is ri t d to military purposes u apo es 2 2205 2 1 5 00 G geals ell 1 I a sol calary ta lary ary 1 1000 0 0 0 F CO on gu gunpowder CO 11 Sj aking kingan an aggregate of f 00 jf this ned as ted to and the like purposes pur were ex p for the advancement of education in this Territory would com lu fifty b e lafi L by e i 1 I 1 the T 1 establishment ent of annual fairs f for r i th h e encouragement encourage m meni nt ail and i mechanical n c 1 i industry Is en entitled t I 1 to the protection and aia of the legislature i I 1 herewith submit the die re 0 the treasurer and auditor enita ambo eni tJ aed in which is ia the report of the Warden War denof bf the penitential penitentiary at ohp treasurers Treasur ers report shows a balance in iii the he treasury of J LO 43 report shows ail ah estimated balance of 89 these reports you will refer to 10 the proper committees i he report of the affairs its ot inn purport Penitentiary by the varden exhibits the number of prisoners and contains an estimate of tile the appropriation t ion necessary for far their subsistence the reni penitentiary system rl as RP ap plied in tins te territory seems to be peculiarly unfitted unfilled fw for carrying 11 out tile ih intention of its projectors there will probably be only a small number of convicts confined at any one time and karri iam acqua irit ed with no kind ot of labor chichin which chin in this country aci defray the expense of the main maintenance t en of the prisoners and ahe pay ment the continuance ti nuance of the system under these circumstances subjects the territory to a heavy expensed expense without furnishing corresponding correspond advant advantage ag e toe the building itself is objections object objectionable iona ble in n consequence of the original defect feets ip in the plan danof of its structure ire and anufrom from caused eilent storm in the year ear tit L Iiii hundred indred and fiat aty eight it hally jely consisted etwo stories ach constructed of adobes acobes be hleb ger into ti two VO rol ma be boier er bof I 1 of sandstone di divided y aided into small he fc the vastee eastern afi kable gable end of the td I 1 auda a large sa of the 1 fl ere re destroyed ed by the storm icy 1 io to As there are no ve irk shops shop I 1 toola of tei iab pry i ty fai or work 1 I ork klie he prisoners prisoners bruit henly be confined conf to so their cells 1 I want jilt of kropar occupation or be ur to rove the J k be walls tt alls which surround the conj i pig aai indolent aad uh yative stive existence exie tence g j age allne ahat thach he sec ry ported 6 me i e cai af pf to the ille depart pait 0 ya iii cai I 1 bu bua ve I 1 ro of the carac character te r ot ot the ply I 1 lif if any reply were e received 7 ul such modifications the a pe penal code as would lawfully L eject prisoners convicted of bf pen I 1 iary of ol Tence fences to service service in in conj inting new and repairing g the he old 1 ds da of feorg the organ an L I 1 b bands abid of thieves s foi foe the stealing e borses i seal a and nd other animals anim alSt hive have bene r eso so numerous and audacious e t I 1 I 1 deem it it indispensably 3 bluit the r ani mea measures tures r ald id be taken without eidl tit delay to ent their punish punishment meni k the passage of a law 1 aing mg it obligatory upon the city i neils of great greali baft aft lake provo other cities to publish at their heir expense a digest of their aidi aces es in mia a fored wi within thin t ly days day after the af A i net act also that all new neav ordes ordies J ces hereafter enacted shall be I 1 in in one or more papers of S 5 I 1 L city within i till en days after 1 ir r enactment also that they ld ild publish quarterly itemized ji hal 11 cial reports of fahrr the amount bount of reis apts and expenditures chewing the to wf w whence the receipts b have Aderi derived vedi eja and d foit far 1 I y have bave been expended also t should cau caused selfo to beth be tough cleansed lean sed and kept open the prin I 1 dimchev int in their helf re respect specs a cities aid daod establish t ibi at the of streeta la abo tie the expense of keeping sno in re rc l I 1 rw ib abroad oad bat batu een the north beual boun this alty anil n ol 01 ilio iho gate near mear ie 0 leut aleut e city bath at bokusei ouse should hould be ba equal lual el a 1 I tan D davis n Is county and V cit ity the supervisor of said aid d c to be appointed byrbe by the founty county rt is tuna county al alao ithe he eds a of vwe leeping mg in ii repair the ite te iloan from ih hernwall wall chaliy ahe apy tj 49 bl bridge alile on little should be equally defray by great alt dale dake city and nty also almi I 1 citizens of s place should hould be exempt from all sier er road tax except thoe indicated the al eve reco recommendations ions I 1 especially call your attention to to volition holi tion of th elbridge gy the jordan ie al the foot of north aple beet f 1111 1 1 1 la in the mon ilief of dune une 1859 the officer 6 r in in command of the depart rutih detached under the and of f an experienced officer that at he de deemed rued a suitable military force orce for the protection of emi emigration batko blithe northern california rodges ltv b t di n this precaution any ny persons assing og front from the east states slates to california al ornia by b that route ere murdered murdene by indians supposed belong to ovin bands ands olban cit ban acks and sho sho nees these inaam are reported to have stolen and es Rt troyed the property of the emi i brants ailts it is 13 I 1 probable that the ia in command of f the department this line inch will secure lae cuie hereafter ne era ern iffat ioa on this Is route fir from om similar raster k e alfie deret lions above alluded to adwir and some rne rob er on en the new mail route rout st t of camp 1 61 F loyd floyd the indians le e we be en fort 0 most part fait peace we under the anthonty auth onty c cf the secreta y of war a party commanded by beut u humphreys U A began exploration of thoi the country between bet een c e cheyenne river a tributary of c e Alis missouri and the head waters II 11 the yellowstone Yellow stona river this horation lo oration ration when accomplished shed I 1 induced induced to believe beli evoi from my ft ledge of the country will de In strate the f fact act that great salt lal ke city cu is is i within three hundred fifty or four hundred miles of pa mboag navigation on the tributa bof the missouri A communication recently receive by 7 me from an officer of the Y in in charge kofl of a re coline ilane aveen teen fort vancouver and t this li ha is 4 io duces the tb belief that the dis framl tius city lo 10 navigation on snake river a tributary of thel the columbia will ivill not lot ex cd four hundred mil mii esthus placing this people iii intimate connection with the pacific coast on the west an I 1 the atlantic oi on the east the present state of public opinion indicates this region as a portion of the route most suitable for the establishment lish ment of railroad communication betwee ia the oceans it ignot is not unreasonable to anticipate an union of the interests of the south ern overland mail with those off of thoo the mail which present runs from sted seph s though this city bosah francis bo if this union should be accomplished and ana this route adopted in ill my ii opinion pinion a great public inter et I 1 be advanced and a weekly deew mail ai ceca ce cured Ted the transit of which between new york and san francisco through this city would not lev exceed eighteen or twenty days baythe may the blessing of the alm almighty eighty Rule rif the unive universe rest ur oa your labors andybur and andl your action dorog this session be profitable to the te t A CM MING |