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Show 'That the Probate Jadge in eack County is empowered and required te take pos session of all property left by any deceased or abicondertt person when there is no legal claimant known, or sufficiently near to see to it in season, and shall forthwith appraise, and make U lists or said property, and keep one on file, and forward to the treasurer of the Perpetual Emigration Fund, and tbat at the earliest practicable date, the Probate Judge shall place that property or the avails thereof, ia the possession of said Fund, the valne thereof to remain antil proven away by a legal claimant, when said Judge shall give an order therefor on the alilUhed EVERY JtYXXlNO Saoday excepted ' by the Oodkh PcBtiiHiiis Cowirr. Charles U". " &d Penrose, Editor BuinuM Manager. OGDEX. I T II. A. Wednesday Evening, January THE 14,74, GOVEItNEItTB HIES- -, SACjIE. GeNTLEMEX OF TBK LEGISLATIVE BLY y treasurer. ASSEM- , I congratulate you upon your speedy organisaiioa, and accept ii as an earnest that we shall liuve a harmonious and useful session, Ly lU At of Congress erganiiing this Territory, tbe power is vested in tbe Governor and Legislative Assembly. The responsibility is great, but it is our duty to so use tbe trusts committed to our keeping as best to promote the general velfare. There is much that is important for us to do. The length of yuur session is fixed by law, and we should so use the time allotted to us, us to be able to complete the legislation so much needed. Not unuiindlul, 1 trust, of the courtesy which should always characterize the official conduct of co ordinate departments in their relations with each other, 1 submit tbat, in my judgment, much of tbe legislation of this Territory in the past bus been imcomplete and unsatisg factory. We cannot ignore the fact that there has been mueh confusion and difficulty in attempting to enforce the laws of the Territory in the past, and tbat such n. By an act entitled an "Act amending. confirming and legalizing an Ordinance incorporating the 'Perpetual Emigration r und Company,'" approved January 12, 1856, said Company was placed exclu sively under the supervision, management and control of the Church of Jesus Christ of Latter Day Saints; and the en- ire proceeds of tbe business of the com pany was made to inure to tbe benefit of tbe Perpetual Emigration Fund; thus practically giving all moneys arising from tlu estate of deceased persons, in the abneuoe of a legal claimant, to the Church of Jesus Christ of Latter Day Saints, to be used for church purposes. the propriety of so using these monies is seriously questioned. buch funds are in the nature of an inheritance, by the people; and as such belong alike to every person in the Territorymoneys that cannot, rightfully, be used to promote the interests of any one class of persons, to the exclusion of any other class. Will any one pretend to say that there are not as good reasons 13 be offered in favor of its use fo pro mote the interests of the Coxliolics, the Episcopalians, the Presbyterians, tbe Methodists, or any ether denomination of Christians, as can be advanced in be half of the "Church ef Jesus Christ of Latter Day Saints." There can be but one answer all, alike, are without any riehi to anv Dart thereof. It is in vio lation of the fundamental doctrines'upon which the Kepublio is founded, te permit any Church, or the people ef any religious belief, to share any priveleges which are not accorded alike, to all. It is not sufficient to say that where a large majority of people are of a particular religious faith, they, possessing tbe political power, have tne right t con trol the revenues of a country, in such a manner, as to them, may seen just and proper; Governments were not es tablished for the benefit of majorities, but for the purpose of protecting minor ities.' Individual rights, and not collective rights, constitute the true foundations of all just governments. Hence it follows that if there is any number of men, however small that number may be, who object to the moneys acquired ia this way, being used by any Church, for any purpose whatever, where they do not derive an equal benefit therefrom, with every other.cilizen, it is the duty of the power to correct the evil, and proteot them in their rights. And 1 doubt not you- - wilt agree with me, tbat, for these reasons, tbe law which plaoes these moneys .under the oonlrol of m particular Churoh, should be repealed, and a law enacted in its stead requiring that all revenues ef that nature, when ac quired, shall be so used as to benefit ,"' every citizen alike, To accomplish this, I recommend' that a law of Esoheats be enaeted.and thart all estates escheating to- - tbe- - Territory, fee given to the general school fund. And 1 also recommend tbat the "Perpetual Emigration Fund Company" h required to surrender all moneys or ether property of that character, now in their possession, to be used for the same pur- The seventh section of the' Orcanlo Act provides that all Territorial officers shall be nominated by tbe Governor, and confirmed by the Legislative Council. The Legislative Assembly have pro vided' for the election of all Territorial officers by the joint vote of tEe two nouses of that body, independent of the Governor. Tbat this is in violation of the Organio Aet is evident. Ail the Territorial offices are bow filled in accordance with the previsions of Acts of the Legislative Assembly, and I floubt not, you will agree with me that their election, without the nomination of the Governor, in legal contemplation, is a nullity. Tbe officers so 'elected, are tbe Attorney General, Marshal, Treasurer, Librarian, Auditor of Public Accounts, Superintendent of Publio Instruction, Warden of the Penitentiary, and Notaries Public. We'cannot ignore tbe fact that the question of tbe legality of the election of the officers enumerated, has been a fruitful source of much vexa tion, trouble and uncertainty, producing distrust and delay in our courts, thereby doing a serious publio injury. Our duty is plain. Let all the laws providing for the election of Territorial officers, by i be Legislative Assembly, be repealed, and .a law enacted, instead, providing for the filling of such in accordance with the requirements of the Act of Congress organizing the Territory. PENITENTIABI. , I call your special attention to the oettdition and management of the Penitentiary. In my jndgment its present condition far from being satisfactory, and I call upon you to make the necessary correction. The office of Warden of the Penitentiary ie one of great responsibility, re quiring vigilance, judgment, kindness of heart, executive ability, and integrity. Under the direction and control of such an officer, the management of a prison is an easy matter. And in view of the peculiar character of the duties of a Wurdeu, I respectfully suggest that as much power over the internal affairs of the prison,' in the management ot as good judgment will permit, be conferred upon that officer. Section four of an act entitled "An Act in relation to the Penitentiary," approved January 20th, 18G0, confers upon the "Board of Directors of the Utah the power to appoint the clerk, overseers, gutrds, and all other neces sary officers of the Penitentiary. The selection and employment of all subordinate officers of the Penitentiary naturally belong to the Warden, who, alone, can judge of the fitness of persons for these delicate and important trusts. And I recommend tbat tbe section referred to, be repealed, and that the War-de- a be made the recipient of such power. And further, by an Act .entitled "An Act further defining the duties of the officers of the Penitentiary, and for other purposes," approved January 18th, 18C1. tbe Board of Directors of the Penitentiary are authorized Jto lease the Penitentiary, Warden House, and other buildings connected therewith, together with the convicts, to parties who may bid therefur; and in tbe event that the Penitentiary and convicts are not rented, I the Board of Directors, the Warden is authorized to hire the convicts out. I do not approve of this. The Penitentiary, and the buildings connected therewith, are the property of the United Stales, and as such, tbe legislative authority of the Territory has no right to authorize any person, or persons, to lease them, under any circumstances. Nor do I approve of that portion of tbe Act in question which authorizes the Warden to hire out the prisoners to such parties, and for such purposes, as he may deem proper. The oentral idea of punishment for crimes, ef a lesser grade than those punished with death, so far as it applies to criminal, in person, is his reformation from the paths of vice, and his restoration to good citizenship. Everything, therefore, which in prison-lif- e tends to degrade and humiliate the convicts, should be prohibited by law Under tbe present system, convicts have been made to labor upon the streets of our Capital, and in the most pubuo Humanity revolts at the idea of plaoes. compelling human beings to perform labor, as convicts with a ball and chain, and the uniform of prison life, in the midst of the . busy throng, constantly subjected to the gaze of the curious, or in contact it may be, with relatives aud friends. The law allowing such treatment ought, to be repealed, and tbe Warden compelled to keep the conviots Under the present in tbe Penitentiary. law the singular spectacle is presented of a Penitentiary without a conviot in it; the prisoners- - being kept in county jails, in cribs, and in such places as the Warden may deem proper. and difficulty now exist. Much, if not all, of these conflicts and vexatious uncertainties have arisen directly from defective ov improper legislation. It is our imperative duty to remedy these evils, aud I trust tbat we shall be able to bring order out of confusion, and from the fragments build a temple so perfect, so complete in all its parts as to shield every citizen and protect alike the nebis of all. Dy an inspection of the Territorial statutes, it will be seen that many of the laws now being euforued, were 'Ordained by the General Assembly of the Slate of Deseret, a quasi organization which existed prior to the organization of this Territory by Congress, but never possessed of any validity. True, these laws were "adopted" by a Joint resolution of the Territorial Legislature. But tbat is not sufficient. U may, with-- season, oe questioned whether the Legislative As sembly can legislate upon any subject by joint resolution. I do not think it can. The Legislature was clothed by Congress with full to legislate upon all rightful subjects, in the form, prescribed by the Organio Act. That is to say that each enactment should be had separate ly, signed and approved by the Govern' or, and submitted to Congress for appro' val. It eannot be claimed that any of these laws "Ordained by the General Assembly of the Slate of Deseret," and adopted by joint resolution, ever receiv ed tbe approval of the Governor, and thij is absolutely essential to make them ot any binding force and effect. It may be claimed tbat these are questions to be determined only By the courts. It is answered that it is the- - proviace of the power to pass upon the sufficiency and validity of all laws, and to make such corrections as in their judge ment may seem necessary. I therefore call your special attention to ail laws of tbe class referred to, and ask that such as may be deemed essential to be enacted separately, and that all others be de pose. clared void. Inasmuch as the law organizing the EDUCATION. ; "Perpetual Emigration Fund Company," In my message to the Legislative As does not require its officers to make any enibly, at its last session, I urged the report of its doings to any one, it is imearly establishment of a good and eff- possible for me to communioate to you icient system of common schools, but the amount of the fund so accumulated; nothing was done. but as the Company has been in operaKnowing, as 1 do, that intelligence tion eighteen years, it is fair to presume constitutes tne very me or tne republic that a large amount is now on hand; liberties as a people, I which should be made available, at once, the shield of cannot too strongly appeal t o you to take for educational purposes. 4 auoa action at tbss session, as will ee THE courts. , cure the object so much desired by all That our oourts are in a lamentable rood citizens. U is not my purpose to specify what a condition is apparent to all. It is said School Law should contain, in all its that the Territorial Marshal is not, and cannot be legally elected, under the law parts, but leave much to your judgment as it now stands. That tbe act of the ia the premises. creating the office Assembly, Legislative of read observer society, every Every tbe for and filling of the providing er of history, every student of political is void, for the reason that it is economy, knows that educated minds, same, refined society, and free government, are in express violation of the seventh sec tion of the Organio Act. It is Bald that inoperable; and as every citizen alike that tbe Probate Courts, rightfully, have shares tbe blessings, and benefits of criminal no or jurisdiction, and equity all be should alike good government, so, vet exercise both. It is said that the required to contribute to that whicn law is defective, and that bo panel gives to it its greatest strength. I know jury tne present law, MERIT MASKS. be drawn, under f no good reason why the rich man,who oun : . , rp - ti i 'ii v i an .1win- puiuia i i u .it has no children of hss own to educate, mat will DO legal, attention. end that good behavior may be Te the should not be compelled by law to con- call your special encouraced among the convicts, I reo- the in of The rapid growth Territory, tribute of his means to educate the chilommend that you establish a system of and enterprise, dren of his neighbor who is poor and population and wealth, merit good behavior, crediting marks, of amount vast the and capital seeking mnable of himself to do so. And so with conviot to a dethe entitle shall which make all our it midst, the man of wealth, who, besides educat- investment in remedies number of days certain a duction ef at law be made , is able to do more. important that ing his own shildi-enthe term of his sentence. This from now As it certain. and is, prop Justice, good citizenship, every im- speedyof incalcuable been tried in some of the value, are in con- system has erties has produced good reand pulse ol a higher civilization, demands stant sister States, jeopardy, and citizens.of profitable that such should givo up their substance sults, and I hope it will be adopted in are sub honest and business purpose, to this great work, and I would compel te the villainies of the unscrupu Utah. it by law. Let such a system of taxation jected without Under the law as it now is, ten hours the means or protection. lous, be adopted as will accumulate a fund day, of bard labor, may be exacted correct these to per our in We have it power which will be sufficient for the establishot and while it is admitted that convicts so. do to Let ment of a thorough system of free sobools evils, and it is cur duty be punished for wrong should the guilty tbe law which provides for the election I am of the opinion, considering throughout our borders. Free schools of the Territorial doing, the Marshal, by joint are among the highest evidences of civiland hardships of privote of the Legis'ative Aiiembly, be re- the degradations, hours hard labor, for ten ization; and 1 eannot re i ruin from exson that life, and a law enacted, in its stead, each day, is harsh and unnecessary. Tbe pressing the hope that the time is not pealed, with accordance the in be which will far distant, and soon will come, when a voice of humanity pleads in their behalf. of the Organio Act. should be generous and liberal education will he placed wuitbin provision Let the jurisdiction of the Probate Governments tbe reach of every child within the Rekind to the unfortunate ones who fall be defined, Courts .depriving clearly public. And I would not have Utah be- them, by positive enactment, of all into tbe clutches of violated law, and, I reeomtnend that hind in tlii? grjat work. , and criminal jurisdiction, and heeding its appeal, Give to the people a thorough system equi y,, the law be so amended as to require to probate ef Free School that our prospective new confining them,' strictly, of labor from the inand let the jury system be so only eight hours And I alse State may be built upon the sdlid found- business, of the mates Penitentiary. corrected tbat a panel can be had whose ation of intellectual strength. In this recommend that the Governor of t he is It and be will verdict binding. legal authorized and required to connection permit we to suggest, that I trust, lor me to say that, Territory be the management of tbe all monies arising from flues and for- unnecessary, into inquire in matters of so much importance, it is and its inmates, and all feiture? should be given to the General our duty to rise above all preconceived Penitentiary to such officer power School fund, thus csmpelling tbe viogiving county jails, the for alone aud labor public to correct lators of the Taw to contribute the good opinions, abuses, and aid ia improving good. That such will b"e your course or the of cause of such prisons. the efsocieiy by promoting discipline no aoant. have I action ducal itn. POWER. PABBOKINQ OFFICES. TERRITORIAL 1 call yonr attention al?o to an art enThe lodged with call me to power, pardoning this In connection, permit titled. "An An providing: for tbe manthe Act, is ne Governor the Organic by attention to the legal status agement of certaiu property," approved your special most delioate, and, at the same the ef omicera. the I cmtonai of January 2l'tb, 1854, which provides,. pev law-maki- g ; con-vict- Peni-tentiar- j , or . . ... time, one of the most important trusts f feetive in manv respects: and without be eleeted by the joint vole of tb t . commmea to ms keepin?. And often it calling your attention to tbe many lative Assembly." I recommend ? is exceedingly difficult for the Executive that revis- pear or wai section, and askthn changes needed. te determine whether a pardon should be ion of the same at suggest this session is neces- officers be elected by the people i granted, left as be new is, without any sary. And further, I respectfully sug- arguments could be advanced means of knowing the nature of the gest that, ia , y jndgmen-- it would be tbe change, but I deem it uno.!!! evidenee upon whieh conviction was well whenever on the trial of an action The genius or our Government, wTVm had. To the end tbat a helping hand at law in the District Courts, it shall be understood by every citizen. may be extended te the Executive, and found to turn on important or doubtful that the right to select their justice promoted. I urge you to enact a. principles of law, to authorize a special oe exercisea oy me people, who 7t law, requesting the prosecuting officer, verdict to be foand. And I would alse immediate sourcs of all in all oriminal cases, when convictions pro 'ide that in all coses where the par- would have it so in Utah,authoritv so uifl1 are had, whether for offences against lies agree upon the facts tbat such agree- be done, under the Act of far Congress "" the laws of the United 8tates, or the ment, when signed by the parties or ganizing the Territory. Territory of Utah, to prepare a full their attorneys, shall be made a part of Permit me, also, to suggest that synopsis of the evidence adduced on the the record; and tbat all questions of law is great need of a Probate Practice tW a trial, and forward tbe same to tbe Gov- arising on special verdicts, agreed cases, systematizing the praotice in probul ernor of the Territory, by - him to be motions for new trial, and the like, aris- business. We also need a statute oa 1 kept for reference, should applications ing in any manner in the District Courts, scent, and distribution of the estatei for pardons or reprieves be made. in law or equity, may be transferred in- deceased persons. to the Supreme Court for deeision, conCRIMINAL PRACTICE ACT. BRANCH MINT. I call your attention to the fact that ferring upon the Supreme Court the The establishment of a Branch UiM there is now, substantially, no Criminal right to give judgment, remand the or make an order according to the by the General Government at ob, cause, Practice Act in this Territory, and I law and central point in this Territory, ha, u justice of the case. earnestly recommend the enactment of oome an absolute necessity. Xai i KB HPS. such a law, governing legal proceedings , you to memeralize Congress in criminal cases as will meet the pubI call your attention to the fact that urge that subject, and to use all proJ lio want. To fociliate your efforts, and there is not now, nor has there ever means at command to secure tC lessen your labors in this behalf, permit been, any satisfactory statute in this which is so your much needed. me to suggest, that you adopt the Crim- Territory regulating conveyancing; no " inal Coda of one of the sister States, law prescribing bow a deed shall be ex GBOLIGICAL SURVEY. built up, and perfected, by yeara of trial ecuted, nor requiring the registration of Of Utah, bo rich in mineral wealth and experience, making such modifica- the same, thus leaving the entire real and so v full of tions and additions as will adapt it to estate transactions of tbe Territory in in a scientific promise.but littlui. sense, and I reeommeirt the wants, and harmonize with the laws tbat anomalous condition, which must that a Geological Survey of tbe Terrof the Territory. necessarily result in much confusion and itory be authorized, and that an , sppr. vexatious litigation in the future. I can-cSALARIES. , priation of money be made urge you too strongly to give this cient to meet the expenses ofbytheyon iu$. An inspection of the laws of Utah dissaint. so important to every citizen, so close) the fact, as peculiar as it is unfor- matter, to our future weal, your early INCORPORATIONS. necessary tunate, that no provision is made for the attention. Section 1, of an Act entitled "An compensation of Territorial officers. Tbe Ajt STATUTE Of FBAUBS. idea of service, founded in justice and providing for - Incorporating .AssociIn this connection I call your atten- ations, for Mining, Manufacturing, Com. equity, implies compensation. And this obligation is as strong between the gov- tion to tbe fact that we have no Statute mercial, and other Industrial pursuits" ernment and its officers, as it is between of Frauds. Wt need such a Statute, approved Fsbruary 18th, 1870, reqsirn individuals. And in all cases where the and I cannot refrain from expressing that the whole number of services of the citizens are required, it is tbe hope that you will meet this public directors of all corporations organized the duty of the power requiring such want without delay. within the Territory shall be resident! ' ' of the Territory. services, to affix, and determine, in adCapitalists, from til MARRIAGE. of the Republic, are malting vance, what tbe compensation snail be. ' In parts Asto the my message Legislative The practice in Utau, hitherto, has been in our midst, for Mining, 1 to require the services of Territorial Of- sembly, at its session in 1872, urged Manufacturing, and other purposes; n4 to enact a law upou the subtbat body in tbe organization of companies, under ficers, and fix a salary by appropriation, in the nature of a Relief Bill, after such ject of marriage; but I regret to say that the law as it now stands, they are cowas done. There is now no one service has been rendered. This is not nothing in this Territory authorized by law to mpelled to select a majority of their diretbe ctors from persons, residents here, who leaves It after officer, having unite just. in wedlock. That there have no personal interest whatever in given his time and attention to the du should persons be is apparent to ail. And I reties of his office wholly at tbe mercy ef the enterprise over which they are t commend that all ministers of tbe Gosexercise control. The effect of such a the Legislature, who may fail, neglect ordained as and all such, or refuse, to make compensation, leaving pel, regularly law is to prevent capital from coming to tbe Courts of Record, and all the publio servant without remedy. It Judges ofof the Territory. I hope that it may he1 the Peace, be authorized by is our duty to make it impossible that Justices repealed. Before dismissing this suto the law ceremopronounce marriage bject I- would al-- o suggest tbat all incoinjustice may be done; and, to that end, lies at the I recommend that reasonable salaries ny. The marriage relation organized in this Territory be foundation of all good society; and I rporations to file their articles of incorpo. for all Territorial Officers be fixed by doubt that you will agree with me, requiredin not the office of the Secretary of ration law, to be paid from the Territorial all incident to that sacred that rigbts, the Territory. Treasury relation, should be clearly defined and MILITIA. established and a FINANCE. . posiby plain firmly Inasmuch as the militia organization tive statute, and I hope that it will be am happy to communicate U job I known as the Nauvoo Legion, has been done at this session. While I do not wish the financial condition of thelwv a fruitful source of trouble in the past, to present to you in detail, the many that is all that can be desired. Tbt tory it is proper that I should call your at- features that should be contained in the is free froffi all indebtedness tention to the law upon that subject, and law, you will permit me to suggest, that Territory now has a balance in the Treasury and ask you to make such corrections as the in my judgment a marriage license of $35,655.47. , circumstances may demand. should be required of all persons before detailed statement I refer For more a Section 1, of an act entitled, "An Act they can be united in wedlock, which to the reports of the Treasurer and for the organization of the Militia of the license should be issued by the County you Auditor of Publio Accounts, copiet ef Territory of Utah," approved January Clerk of County in which the parties re- which are herewith transmitted. ; 15, 1857, provides that the "Lieut. Gen- side, requiring such Clerk to keep a ' CENTENNIAL CELEBRATION. Nauvoo eral of the of all such licenses issued by him. Legion aided by six The United States Centennial Com--' or more commissioned offioers, of the I would also require all persons unititg line or staff to be selected by him," shall parties in wedlock to furnish the County mission, by a circular issued November be authorized and empowered "to draft Clerk with a certificate of such mar- 12, 1873, invited each State and Terrand adopt a system of laws and regula- riage, to be recorded by him in a book itory to appoint a Board of Managers to tions for the militia of the Territory of kept for that purpose. ' And it would be act in conjunction with the Centennial Utah," and "to create and fill such well to make it a crime for any person Commissioners of the several States and offices, as are, or may be necessary for to unite parties in marriage who have Territories, in making preparation for s its organization" which "laws and regu- net first procured a license therefor. proper representation at the Centennial Celebration of American Independence, lations" were to be in full force "from SIGHTS Or MARRIED PERSONS. to be h olden in the city af Philadelphia, and after their publication." Section 4, of an Act, entitled An Act in the year 1876. , In the month of July, of the same to protect tbe Rights of Married PerThe suggestion is a good one, and I year, the committee, bo appointed, February 16, 1872, de- recommend that such Board be created, "published" a "system of regulations" sons, approved and that system of regulations, consti- clares that "The right of dower shall and ask that you appropriate a sum of tutes the only militia law of this Terri- not exist in this Territory. I approved money sufficient to enable them to mako but after due reflection I ara such preparation' as will reflect credit tory, That system of regulations was that Bill; that in so doing I made a mis- upon the people of the Territory. never reported back to the Legislature, satisfied I reoommend that that porAnd take. re never the two never passed CONCLUSION. i Houses, ceived the approval of the Governor. It tion of tbe Act referred to be repealed is impossible for me at this tint to It session. this at is Bimply the unfinnished work of a present, te you, in detail, all the legislsecretary's fees. committee, and, as such, can have no ation which is needed in the Territory; The Second Section of the Act of Con- but it is your duty to extend a helping binding foroe and effect. To the end that a militia organization may be per- gress organizing this Territory, makes hand. And, in conclusion, permit ml fected, by the authority of a law, I it the duty of the Governor to "commis- to express the hope that a spirit of harrecommended the passage of a law pro- sion all officers whe shall be appointed over mony and good will, may preside viding for the organization of a militia, te office under the laws of the Territory." all your deliberations; that prudence nd the legality of which cannot be ques- Inasmuch as most of the labor connected sound judgement may characterize your tioned. therewith is performed by the Secretary legislation; and that in the end, much ELECTIONS. of the Territory, without compensation, good maybe done. . The right to vote is the highest mani- I recommend that a reasonable fee be Geo. L. Woods, . . festation of sovereignty, the most sacred allowed such officer, to be paid by the Governor ef Utah. ; ', u.;;; , privilege of American citizenship, and person receiving such commission. whatever hinders tbe free and uutram-mele- d 'judges. probate expression of the will of the vo'er Section 23 of an Act entitled "An Act DanMions are blooming in tie at the polls, is wrong and should not be in relation to the Judiciary," approved fields around Riverton, N. J-- ; an untolerated. I do not think that the elec- Jan. 18th, 1855, provides that "Judges tion law of this Territory, now in force, of Probate for the several counties shall usual sight at this time of jear. is a gosd one. Section 5, of an Aet entitled "An Act Regulating Elections," approved January 3d, 1853, provides that "Each elector shall provide himself with a vote containing the names of the persons he wishes elected, and the offices be would have them fill, and present it, neatly folded, to the Judge of tbe election, who shall number ana deposit it in the ballot box; the clerk shall then write the name of the elector, and opposite it the number of his vote. All experience Has shown that voting viva voce, or by a numbered ballot, is Goods. liable to 'subject the citizen to a degrading snrveie ance, and prevents that free PAIXTS, OILS, TCRPS, VAItXISIIES, lSUUSHES, Etc. expression of his will tbat lies at the A TVLT LINE OP very foundation of our system of government. I do not hesitate to say that I am unalterably opposed to all such. They are but the whip which may be used by the strong to drive the weak and compel submission to their wishes. And for the credit of Utah, I urge you to abolish the numbering of the ballot, and give to the people, instead, a secret ballot, the only safeguard of our liberties, making it impossible for one citizen to ALSO, h r- r U to know how another citizen voted, or to improperly influence his vote. There Old is now no law fixing the time when tbe canvass of votes shall be had, and cerWines Liquors, tificates of election issued. Nor is there any provision allowing any other than t. CIGARS, TOBACCO AND SNUFF. V the Probate Judge, "County Clerk and Selectmen to be present at the counting HOME, KEXSEDY, RED JACKET, PLANTATION and A'GOSTl'BA of tbe votes. I suggest to you that a time should be fixed by the law for the canvassing of the votes, and that any person voted for ixxmX at such election shall have the privilege, if he so desire, to be present at such 3 counting. rrctcriptiont Accurately lrpared. Jt i'f!JJ .J j ' ', two-thirds- re-oo- rd , . ,..,,.. City Dru Store! MAIN STREET, OGDEN. PURE DRUGS & PATENT Perfumery and Toilet Groceries ! Groceries! Genuine Old Scotch Whiskey, Old Cognac Brandy, Fine Jamaica Rnm, Butch Schnapps. ' . Fine Article of Tom Gin, Native and Foreign ' and J BITTERS, W iLolcsale . I think CIVIL PRACTICE ACT. the Civil Practice Act is de-- 1 d33-t- f :ELotH 1VILLIA3I DEITEB, Prop'r- f |