Show GOVERNORS MESSAGE TO TWE legislative ASSEMBLY OF UTAH dec 12 1859 to the council and house of represent Re representatives presen tat ires ices of the legislature of utah GENTLEMEN the legislative assembly of eighteen hundred and fifty eight and nine adjourned in this city on the twenty first dakof day of january glast last to assemble reassemble re on the second monday in in december of the present year at the social hall in this city at which place we are now convened for the purpose of discharging duties which devolve upon us under the authority of the organic act for this territory during the past year the inhabitants of df this territory for the most part have been peacefully and profitably employed in their various occupations but I 1 regret to be obliged q to state that this city and the village of F fairfield airfield near camp floyd within the military reserve have been the scenes of many murders and other acts of violence the perpetrators of which have fled and thus eluded justice all communities are dishonored in proportion to the extent in which crimes are committed with impunity in their midst it if the organization of the police be defective it should be reformed and if there be a deficiency in in the finances of these cities for enable enabling i ng them to arrest offenders I 1 would recommend rec recommend ommen d that an appropriation be made for their relief from the territorial treasury an act to establish a territorial government for utah approved aX approved proved ninth september eighteen hundred an and fifty contains the following language the judicial power of said territory shall shail be vested in a supreme court district courts probate courts and in justices of the peace bace the jurisdiction of said several courts herein provided provided for both appellate and original and that of probate lobate courts and justices of the peace shall ee be as limited by law 13 the legislative assembly of utah for the year eighteen hundred fifty two passed an act in relation to the judiciary 2 approved fourth of february eighteen hundred fifty two section twenty ninth of that act reads thus thui the several probate courts in their respective counties have power to exercise original jurisdiction both civil and criminal and as well in chancery as at common law when not prohibited by legislative enactment this act also provides for appeals from probate courts thus it will be perceived that your predecessors seven years ago under the construction of the power granted by the organic act conferred upon the probate courts both civil and criminal jurisdiction in addition to the power ordinarily granted ranted to probate courts I 1 have feen teen been informally advised that the federal judges have virtually disapproved of this construction of the organic act as indicated in this action of the le legislative assembly yet I 1 am not aware teat that any case has come before these officers in such form as to elicit a decision upon its merits so ag as to I 1 establish a leial leiai legal principle I 1 would therefore recommend t that at this question be taken up through the proper tribunals for a final decision if the action of the legislature be sustained this community will enjoy tb the e undisputed right of protection through the prompt action of a tribunal always present instead of being obliged to await awalt the tardy action of the district are in session but once a yeas if 11 anever however the decision 0 of athe the supreme court should be adverse to the exercise of such power by the probate court you will then be relieved from the embarrassments embarrass ments growing out of its disputed powers col S C stambaugh surveyor general for the territory of utah commenced on the twenty sixth day of october eighteen hundred fifty nine an examination of 0 certain surveys made during the administration of his predecessor the accuracy of which surveys has been questioned if these surveys be approved it may be reasonably reasonably reason abl abi supposed that the government establish blish brish will esta establish land offices here so soon as the indian title shall have been extinguished in view of the public lands in this territory being 11 offered for sale by the proclamation or of the president of the united states I 1 would commend to your consideration the propriety of adopting some legislation in relation to the fre grants rants of kenyons kan water power timber tillable lands and other property belonging to the united states I 1 am aware that these grants are considered as only temporary arrangements 0 for the purpose of inducing parties to spend labor and money in rendering the property r available it is quite evident however that all these grants will be entirely valueless unless sanctioned by the united states government in which is vested the exclusive ownership ha I 1 p of these lands and from which source a alone ne any valid title can be acquired under existing circumstances the grants of lands to be used for herding and other purposes are unreasonably large and their occupancy has become exceedingly oppressive to certain portions of the community and I 1 would recommend the adoption of measures for their eventual abolishment the land laws of our country are based upon wise and liberal principles and extend their romain protection to actual settlers upon the public domain against the usurpation of individuals and speculations of monopolists when the lands are open to sale and preemption the public interest and more especially the interest of the poorer classes would be promoted by restricting claims by law to less than quarter sections and I 1 believe they the y should be restricted to lots not exceed exceeding in 0 twenty acres each I 1 would recommend that congress be memorialized on the subject of subdivision of quarter sections in in accordance with the su suggestions gest ions contained in the foregO foregoing Ln paragraph ara rap and also for the permanent establishment es ashment of some system for the equitable distribution of water and timber if this latter iatter att er provision be neglected the new occupants of the kenyons and timbered lands may exercise an oppressive influence upon the occupants of tillable lands in the valleys in my communication to the legislative assembly on the day of december eighteen hundred and fifty eight I 1 endeavored to impress upon that body the vital importance of appropriating a portion of the territorial revenue to the establishment and maintenance of common schools throughout the territory and I 1 again urge that subject upon your earnest con consideration ion lon the rising generation are about to become the proprietors of the soil and the actors in the important affairs of life the children of the poor are equally entitled to the benefits of education with those of the rich therefore let a system of taxation be adopted which will enable all to receive that instruction from which some are at present comparatively de barred competent instructors cannot be expected to devote their time to teaching unless liberal and certain compensation be received by them I 1 am informed that in this territory a large fund is annu annually bily illy derived from the tithing of the people this fund I 1 esteem a legitimate subject for taxation as well as the other church property I 1 therefore suggest the passage of a law for securing a revenue for educational and other purposes from these sources by reference to the audi auditors torys report you will perceive there is appropriated to military purposes 2205 00 adjutant generals salary 1000 00 0 premium on gunpowder 00 makin making 0 an a aggregate regate of 00 if this sum mentioned as appropriated to military and the like purposes were expended for the advancement of education in this territory would not the community be benefited by the exchange the establishment of annual fairs for the encouragement of agricultural and mechanical industry is entitled to the protection and aid of the legislature I 1 herewith submit the reports of the treasurer and auditor embodied in which is the report of the warden of the penitentiary the treasurers treasures treasur ers Ws report shows a balance in the treasury of 42 the ile andl andi auditors tors report chews an estimated balance of 1187 88 these report reports sf you will vill refer to the proper committees the report of the affairs of the penitentiary b by y the warden exhibits the number of prisoners and contains an estimate of the appropriation necessary for their subsistence the penitentiary system stem aa as applied in this territory seems to be e peculiar peculiarly fy unfitted for carrying w out the intention of its it projectors there will probably be only a sma small number er of convicts confined at anyone any one time tine and I 1 am acquainted with no kind of labor which in this country would defray the expense of the maintenance of the prisoners and the payment of a suitable guard the continuance of the tt shetera stem under these circumstances subjects the e territory to a heavy expense without furnishing coi col corresponding responding 0 advani advant C e tho the building itself is objectionable in conse consequence qu i ence of the original defects in the plan of its structure and from its present dilapidated state caused by a violent storm in the year eighteen hundred and fifty eight it originally consisted of two stories the upper constructed of divided into two rooms the lower built of sandstone divided into small cells the eastern gable end of the building and a large portion of the root roof were des aes destroyed troyeT by the storm alluded to As there are no workshops tools or materials provided for work the prisoners r i je must necessarily be confined to their 1 r cells for want of proper occupation or be permitted to rove about within the anoble walls which surround the building passing an indolent and unproductive existence I 1 have been informed that the secretary reported the dilapidated condition of the building to the department at washington but I 1 have no knowledge of the character of the reply if any reply were received I 1 would woul suggest such modifications of tho penal code as would lawfully subject prisoners convicted of penitentiary of fences to service in constructing new and repairing the old roads of the territory the organized band of thieves for the stealing 0 of horses and arid other animals have become so numerous and audacious that I 1 deem it indispensably necessary that the most stringent measures should be taken without delay delai to ensure their punishment ish ment I 1 recommend the passage of a law making it obligatory upon tte tie the city councils of great salt lake provo and other cities to publish at their own expense a digest of their ordinances in a convenient form within thirty days after the promulgation of such act also that all new ordinances hereafter enacted shall be published in one or more papers of G S L city within ten days after their enactment also that they should publish quarterly itemized financial reports of the amount of receipts and expenditures showing the sources whence the receipts have been derived and for what purposes the they have been expended also that they should cause to be thoroughly cleansed and kept open the principal water ditches in their respective cities and establish convenient crossings at the intersection of streets also the expense of keeping in repair the ro road ad between the north boundary of this city and the gate near the city bathhouse should be equally divided between davis county and this thia city the supervisor of said road to be appointed by the county court of davis county also the expense of keeping in repair the state road from the southern wall of the city to the brid bridge bride e on little cottonwood should be equally defrayed kayed b by great salt lake city and cou county nty also that the citizens of this place should be exempt from all other road tax tar except those indicated in the above recommendations I 1 especially call your attention to the di lapi dated condition of the brid bride bridge e over th the jordan at the foot of north temple tempt street in the month of june 1859 the officer in command of the department of utah detached under und erthe the command of an experienced officer what he deemed a suitable military force for the protection of emigration on the ern california route Rot bot notwithstanding withstanding this precaution many persons passing passin from the thi eastern astern states to california by lab lat that thab rout were murdered by indians supposed to belong to the roving bands of Bann acks and shosho sho sho nees these indians are reported to have stolen and destroyed the pro property erty of the emigrants I 1 jt it is probable that tz the officer in command of the department will establish posts poets u upon on this line which will secure hereafter we the emigration on this route from similar disasters with this exception of the depredations above alluded to and some robberies on the new mai mal mail maii 1 I route west of camp floyd the indians have been for the most part peaceable under the authority of the secretary of war a part party commanded by liput humphreys U S 71 A began an exploration of the country between the cheyenne river a tributary of the missouri and the head waters of the yellowstone low stone river this exploration when accomplished complis hed I 1 am induced to believe from my knowledge of the country will demonstrate the fact that great salt lake city is within three hundred and fifty or four hundred miles of steamboat navi navigation atlon on the tributaries tributa nies ries of the missouri A communication recently rec ree received elved by me from an officer of the army in charge of a re between fort vancouver and this point induces the belief that the distance from this city to steamboat navigation on snake river S a tributary of the columbia will not net elcee exceed four hundred miles thus placing this thia people in intimate connection with the pacific coast on the west and the atlantic on the east the present state of coic opinion indicates this thia re region on as i portion odthe of the route most suitable nith rith f fon for 0 the establishment of rill railroad road communication ni between the oceans it is not unreasonable to anticipate an union of interests of the southern overland mail with those of the mail which at present runt run from st josephs through this city to sa francisco if this thia union should be accomplished and thib thia route adopted binm in my opinion a groat lic lie interest would be advanced and a bokly mail secured the transit of which between new york and san francisco this city would not exceed eighteen or taffta da y 1 dars days ys may AT the blessing of the almighty 4 0 t the universe Un n iveree rest upon your labors and your ac chioni t lons tons during thia this session be profitable to tha territory A cumming |