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Show TllETLsii4LSinr. I Si the J La i..h. t0"" hI j u g r;,0'''' decision of JuJge J. , t.. x i .. ...nnrted in me ll' ft- - Flr-D- I.- of " -7Wj- Till i"sl ri T1IE DECISION. Tff0 ai'": J of . tliemscoea .u b!M,,n)e recognized 1 r,rp?eni chimed to fill h BuliK-ribeil- - Look ilerc, Cheap Coal. ' ' J AMI ESOX . l'atroiiise thfc Peoples' Man, GEO Mi K i COALVILLE on Coa' Grass K any Tilt" AND AT P U. At .So FREIGHT DEPOT, per toilless than their Cant fonm-- Prii r e More than BE SURE TO GIVE HIM A CALL. hIso by the liKl llw. nt hig pluce. on 5tl St. ilU-t- f between Wali mill Kiaiiklm Street. Sell ne Million in usb ! I lan-l- , ,.,vV. the final ...ine iliiys utier Ti the aujauruiucui. 'it"rii U of presents a certificate t lir.t. on the ,ih- ceriii'ving D. 3874. by a of the Legislative Assembly I,,,'. The . ;;fhbrry,A. vote clecieJ to S lie tbe office of lerntoriul un-- , rao.ionoftbeLegiJature was Act ,,rviS.onS of a e , tbe red Feb I'll, 18.12, creating which iu manner tbe nruvi-linand ,,,,,,1,1 e hiltfu. ' er cute it-- orders. his right to an An orticer derives or appointment, from li'.s riction office and evidence of his le- When lie has been fairly and becomes once at bis elected, right cominii'j" is simply ,V .;1!lv ali.ii'.ute. unThe right of the person claiming Governor of the der tlieppoiBtmi!lt there was a alone, depends whether not, and if a vacancy, such a could be filled by Executive up- - one as by a joint vote haviug tiectcJ another person, than the one apto the office of pointed by the Governor, and that person Territorial Mar.-ha- !, davioe complied with the requirements of the Act, as to acceptance and qualiti-cation- , a provides in its very first starts out with '.bis declara-- , (ion, ' That a Marshal shall be elected ; by a joint vote of both houses of the I Legislative Assembly, whose term of of etc , and then gives him certain fice, pawns and defines his duties. The manner of selecting tho incumbent ia thus inseparably connected with of the office, and if that J lle creation u void the whole Act is void, and there is no such iffice or officer as Territorial Marchiil. There is not a provision or intiniaiiort anywhere in the Act itself, that if the Legislative Assembly have not the power to select the incumbent m the maimer provided, that it should n.ei auywnereelse. The Legislative intern in th manner of filling the office is plain, and cannot be severed from that in the reaiion of the office. From the wording of the Act, I must conclude that j 'oey would not have passed it with a .provision that the rlfiV thn. fhould be filled in manner other any mat wnicu is prescribed in the Act rJL4. The Act and gee-lio- ; .e.i,l :u ..... , mat a statute may .iiue, ue ae u some- - void in part, and valid at remainder, but this can never be Uie without the most manifest usuma "on ot LrsMRlutiva re the court on an inspection of the statute- nun . ;..j , . . it ,a . , . . i, . . enrnritin- - - r "S nili.i; a ."-- j ' i r- 1 1. tbi in so L,egisiativo Ucau never so hold, without l!l0at manifest impropriety when it u "H- - ! itr intention V ,!! mat i0 do so. would defeat the . - i 5 Ju r 1 YARD CM. 7.50. Coal. CU-a- P. FREIGHT DEPQ, AT U. ' Ordcru left lit DoughtM ' Meat Market will U promptly tilled. elUi'3in. nlrawv -- C.vl2li:i NEW - - ritories. - r SOLD ' of tobareo, fourth elasi, (on fwot or puhlhr convevam-e- l Rrewrr! of lew than 500 barreli, Krewem of 500 bnrreU or more, Peddler 10.00 50 K) 100.00 A comph-ti-librar- For all Information, Address, ItOBT. II. VAX 11EXSSELAER. Ogden, Agent for NorUieru Vtub. AM NOTICE. PRKPAKED TO DKLIVKK wuio liuo load, at and pay lor aud procure the Spw irtl Tax Stamp or Stajip. they need, prior to May 1, 174, ami MR CAR t-i, FEXCE POLES, SEVKSTKKS KKKT LOXU, Ctw IVIneteeu Enoh. Addre.su, i. W. MY KRS. o linhle, who hall fall to comply smmv 01 LI IL nmifli 3 I 1 i SEND FOR PRICE LISTS, WITUOtT rlUTlltllNOTICK. J. W. DOUGLASS, Commissioner 0fMC of Internal Rertnue. OP liCTIKXAL KrVKNCX, lav 26-4t KOUtKT DAVIDi0N, J for dmiioa to be made in or by letter to C. C. limST, Secretary. Lo k lhx 15, LoRtu City prD over. I was a young man. I did not wish to lose my position, and yet I could not run the boat on feunday I 6aid so to the agent in a letter, ten dered him my resignation, and pre Notice of rartnersbip. pared to ro home. I met the Com modore on the Battery. lie said VNPKRnUNKI), IIAVK THIS DAY AS-'Come down and dine with ine to rpiIB ATtl tlieinselTee. iinuer tun mm uume aud style of morrow: my wife wants to sec you.' 'I cannot,' was the reply, 'for I must JOIIXSOX 0 LASCELLES, go home. I have got througi lor the piirpone of practlriuit law in tin City of your line.' 'What does that mean?' Og'lru, Uitu n wuum .viau BHdiuallU-said the Commodore, I then told him Ury' KDWARD P. JOHNSON, the story. 'That fellow ' is a fool Kl'OKNE J.ASCKLIJ'.. dlSUw We have got men enough to run tha: Ogdeu, Mareh 28th, 1S74. boat whose principles won't le hurt You go about your business. IF any Co body interferes with your religion to gtaiaes send theni to me. SEEDSMAN AND FLORIST, Ad plication 21-l- St, Vs TIIK BOTTOM FOR DRY Good. and Groceries has February 16, 1874. D. 0 Wishixutox, ACADEMY! thought the matter . SUBSCRIPTION. BY 17-- THE I ONLY ES 1S73. liegiutiingJnly, piigr-ieacii- . d. I excursion.' lst ' made a prolessum of rewxs very young. Van when I ligion derbilt employed me to run one of his boats. It was considered a great LOGAN tiling for a pcrsou ot my age to have Will opD en such a position. I was very proud 1K74, CNDKll TIIK MARCH MONDAY, tlioroliL'hly tonipetent Teachers. of it, aud tried to do my best. Une It is plaHtitly sitnHt4 and fitted up with all the nnwleru iniprnTeiiient for lue ciimtort and Saturday the agent came to me and coiiTunience ot the ktudwiit. said, 4Vu must fix your boat up to Terinw $4. to from per Qimrter. we arc going to day, for F. 0 OAUD. ) ALV1.V CKorKCTT. VTrutMS. send you up the INofth mcr ou an Chuich. the NEW BUILDING OF TheSmpr MannfacturinK Ccmpanj N. East Corner Fifth & Locust St., chance for the million to huy a without feclintf the i it. A Mvill(I of tei ceMt a day l.uya the complete et. Now it tin time tj iiljcr.lii'. u: From the Cotton Journal. While I am on this matter I will relate a littla incident told to me by a' well known steamboat captain, lie sa'd, "I am elder in the Presbyterian EDITIOy. i Will he indued Couiplvte iu IOvoIh., of SiKi K Any iierou, lleligioug Principles. . CYCLOPS DIA Under these circumstances it Is the with Ail forcuoing requirement will he euhject to over penalties. deduty 'of the Court to adopt it,"ah4 to" l'enoni or Crm lihle to pay any of the Special clare the Territorial Act valid. Taxes immed hIkitb niust apply to O. J. llolii.tor, Collector of Intel liiil UeAwinie at Suit Uke City, Commodore Vanclcrbilt on 11EV1SEI) Entirely I - , liS - nnquetticn City. Tho Singer Manufac'g Co, able been touched, and a shart) ad 603 m SEEDS, 0 -- to the effect that the calf had U is a settled doc- - wito Acl or ,hc Legislature can eaten it. "Well," said the Kentuck... imiess l'. conflicts witu ian, with a spirit of a better cause, Orders bj Mail pvovisioa of tlic constitu 'well, them who has must lose," " notice . thir chants who inttnd rcplcii'rvhiiig stocks for late Winter along their ordorn, sals, to eend tr inpet the market for theuiselvs ae early as possible. Having availed OKreelvcs of the recent dcprci&ion in the Bhtnket ond Ftmtiwl uiarkekby making large pur chases for cash, we are prepared to offer extraordinary bargains Z1ouh Co-pornti- Mer-cuutil- c vc Institution. If. IT. Hooper, 6-- tf Supt. MONITOR HAS 0A1NKD A rcpntntiiin. No higher eiwnitun can Le le itowvl upon a Cooking Ktore tlieii to cuy that in lt it who very hm-wi- f Uer knLHre and (aielikk,. ind rn:immeqd ii aiid reliability iu all iv for economy, clejilii FAB-UMB- rpiJE I un B We F. REED. 8.J-- w prie 31,014 MONITORS sow in USI OH.OCEXIII3S COXFECTIOXER 1'. Agent for Patent Aluminous Building . l'apr-r- . Hides, Furs and Pelts Donght. shortest vkn oira(ium. Opposite Cardon Bros., Watchmakers, at k Fourth Street, St. Louis, Mo take place, we advise Couitry Mer x.otax, C1CWE COIWTY. niit tor Which lur u siah liwiHty AVomI, a Demand through the TjrriU-r- j awl Kxrelleare, cuiut b urpasticd. All onr Ktv . fi'-le- 27. vacee is liable at any moment to ii-i- a. Glaredrebs fat$5 JOHN PIXCOCK. ! ;rillttat y5. APPLETOW'S AMERICAN Huci-nniio- r - iffefs LOOKJIERE. II. SMITH, ( 7 Keep Warm by vjetting Uood ton Procure l)icuuI.v Place "'K'siaiive intent. ;o court i3 at liberty to split legisla fragments, and arbitrarily, fr.mS OWn 1. ... nnl -nni i iia ui nuai. .1.. lug inn ,0.be- give effect to one ' l"e rejection of the rest. Thefragment farthest ' urtcango U this, if, when avoid aptatute is stickine out. that I' re"1,ll is complete in itself, and ! , I . bein8 executed in accordance TKisiative intent, wholly inde t "lt wlllcU Wft8 rejected.th-rit my be su.iaine.i. Applying this rule e present case, if the portion of the g for ,hc manner of filli"? tiii'rtr t5 J '6kS toid- lhcn ,uo wh"lc Act is Salt Lake Main A philosophical Kentuckian, who ,.e b,kl"noe can not be execut- - had but one shirt, and was lying in K 10 lh W'alativt, intent. I. i bed while the garment was drying ou J,,b,s Prlion of the Act void? FLOWER GAKDKX "rinV?'!.rUie "USLbe aPP,ied incon" tho clothes line in the yard, was Ul lue tmtorial Legislastartled by an exelainatiou From bis 'urt.:- W Ktive and .i const;,,. - $ n.00. 9.60 liock Spring, Delivered, Coalrille, Delivered, - f void. COAL! COALVILLE - there can be no vacancy in the if that portion of the Act author- wiog such a proceeding on the part of uvk..'...."v j It iii ut be claimed ou the part of the to the office up-uprison, basing his right his appoiutfiient and commission by the Governor, that the Act referred to is valid, except so far as it points out tbe manner of tilling th office, and as to that, that it is unconstitutional or opposed lo the provisions of section seven of ihe Organic Act, and not within the ' i construction tfutt- will avokltUch ble , power given lo the Legislative Assembly conflict, and that construction is supportby section six of that Act, and therefore ed by !loiig usage in this and other Ter oltice, M KOCK SPUING l'res-iden- t paiiinnent. The Lejila'.ure ii 0 YES!! 0 YES!! ' NOTICE. the r names claim to have taken utlicc aiiu men Mill the It is not only important that ,llllJ arrive ttt a correct conciu- r',i..,t u nojsible. in tliis matter, I'.'J'ih-iwhatever the conclusion may .. i' ,,n at once: that t he bus- Jf (lie Court may proceed without mi's,s .ulill'V ilohiv. ao'l toai iiiwre may w. jui.lv an oiU-e i.ufiuwi :l serve process and exe- hv t'.ie Court lo ' ' WILL SUM. THK . FOR SALE CHEAP. from the appo.utmg ibis Territory, v,va commission ,.... tion, andjthe court must be able to point ADMINISTRATORS' NOTICE. out the provision. Au Act of the Legislature cannot be declared void unlets it is plainly unconstitutional. The power NOTICE IS IlF.RKliy (U TEN TO. AM I'F-of the Legislature is omnipotent, w ithin wtata tlii" knowing ttnmlvps inlehtPl to th of luto JOHN KTIItUINtJTUV of Ogun constitutional limits, and its acta ore to Oily, or lio Iiuvh ctuiaia ajoimst the ani, to be regarded as prima facie constitutional. come forward mul mako nettlemrtit ir mnlially, with (lie x in in it rutur a, lioe nmi.e i are hereThe question is one of Legislative unto of not and the or even wisdom, power, Tnos. KTIIKI'.INCTON,) of the justice of the manner in which CKilIUiK STANtiKIt, dmil trtor. JOU I'lXOKK. that power, if it exists, has been exer J cised. 0.lcn City, Man-- oOth VST4. While the Court will declare that Legislative power can only be exercised wiihiu tbe limits prescribed by the fun damenlal law, it is equally bound to keep within the pphere allowed to it bv To do otherwise the same instrument. ACUFS PLOW LAND, 15 aches grass I a gooil orclinnt, hone mid f would be to arrogate ihe power of mak yA on the County road tirar the border of tlie ing the fundaiueuia) law, what the Court city northward. will tiade the idme. for city or lor stock, or grain, ir part Tithing may think it ought, to be instead of sim- property, oiilrra.The hnlu or a part of this vaiuatih.' ply declaring what it i.. With these fundamental doctrines to riroporty otl'ored guide us can we say that this statute is ON REASONABLE TERMS. in conflict with the Organic Act. I But whatever may be the opinion W. G. SAUNDERS. may have upon the subject, I am bound by i he decision of the National Supreme Court. This very Act has been before that Court and has been declared valid. I refer to .the case of Snoic vn the United Stilus ex rtl Hempstead, a recent case not yet reported. U.S. INTERNAL REVENUE Snow was elected to the office of Attorney General by a joint vote of the Territorial Assembly, under section 4 of this Act, and the decision of the U S. Supreme Court, established his right to the office. In rendering that decision the Cov.rt says: "That the power given fo the 3Iay 1, 1874, to April 30, IS 75. Legislature is extremely broad- It extends to all rightful subjects cf gisla-tio- n The LAW of December 24, 1872, reconsistent with ihe Constitution and quires evey person engage.1 in any the Organic Act itself. And there seems avocation, or cinidovment which to he nothing in either of time instruments re!lers ylMl fo ft SI'KCIAL TAX. which directly cunjlicts with the, lemturtal, To ami Plssce law. If there awj inconsistency at all, it his KtuEliii-me- n in is in that purl of the Organic Act which I or oi ISuMincss a provides for the appointment Inj t!iC President S TAM l denoting ihe payment of said of an Attorney for the Territory. SPECIAL TAX for the Special Tax year So wnh the portion of the Act now un- beginning May 1, 1874. before commencder consideration. If there is any ing or continuing business aficr April at all, it is in that part of 80, 1S74. the Organic Act which provides for the 6f a Marappointment of the THE TAXES EM I! It AC ED WITHIN THE PROis not intilt the for shal VISIONS Or1 Til K I.A W A HOVE Ol OTED Territory, ARE THE EOLEOW1M1, VIZ: mated that there is any inconsistency iu .,o0.(K) Rectifier. is incumbent the matter in which the 5 Dealers, retail liquor, selected by the Territorial lw. j liHI.fHI I'ealem, wholetnle liijllor. The Supreme Court say further "Cut l)naler in mult liquors, wholecale, jo.od 2O.0-is that necessarily an inconsistency? The Dealen in mult liquor", reta'J, iS.OO Dealer! iu leaf tol,acco, be of that business Attorney may !V).W proper Hutuil (leilcI in leaf tohacro. And onnleiol over SIkxi, nftycenu regarded as relating to cases in which every dollar in excen. of flHi. the Government of the United States is for 3.0l Dealers in manufactured tolauco, The analogous case of the Manufacturers ' concerned. of itillir, tM.Wi Anil lor each still nianufiictiv-eMarshal, and the separation ef the busi2".lO And for eitck worm nmiiufactured. ness of the Courts as to Government and 10.00 Maiiufartnrer nf tolntcco, some to seem Territorial cases, give lo.oo Mauutucturori ore tram. countenance to this idea. At all events, l'eddlm uf toliftrro, tirvt ela imoro 60.00 tlmn two horxfd,) it ha sufficient basis for its support to esI'eddlerD f tulutceo, ieoon4 ila?s (two tablish the conclusion that there is no necei;.txt hornes,) 1'eddleri, v( tuliacco, tbiH clasn, (,ue ssary conflict between the Organic and Terri lft.oo horne.) torial laws. The Organic Act ts suscepti are kept Kitd Tor C n. X. and all IU lliaii-- Also by all tk KmV-b- Mtore. Stores la tL |