Show BONNS MESSAGE TO THE legislative or OF THE TERRITORY OP OF utan UTAH OFFICE T salt lake city jan hith bith 1849 1869 TE yit yin OP T 0 rf gis dis ASSEMBLY ASSEMBLY on account of the tie absence from the tile territory of hi excellency governor dui durkee wr the of recuperating liis hist failing ii hing health it li devolves upon me to perform the duty annually incumbent upon the executive to address your honorable body co werning the progress sg during the past year of affairs of general and local interest and aid to advise with you touching such mattus butters as mur mav may a appear pan par to need further lees legs legislation r an as w weli e as to draw your attention iob ioa to other subjects which require your year consideration atlon it may be observed that the recommendations ions made lude include many subjects here heretofore tolke been referred to concerning such matters batters it may be well wel 1 to td draw your attention to the increased importance of their nature the population of the territory is being continually augmented inter intercourse courso with other communities has become more common and the classes of people connected with commercial and other interests inter ests cuts are becoming greater hi in number As a consequence geue taws which were adapted to the circumscribed wants of the people of tile the territory in their former condition do not irwi in all ali cases meet the requirements of the position into which they are brought uy by the progress of events the tye more exten extensive siTe sive alid and general the business relations of a people become beco nip Dip the more particularity is thero there required required in the laws governing the pursuit pursuits 9 14 which lum ite engaged and subjects which aich before required little or no attention also become of importance re te ki quiring the enactment of laws to regulate theira li I 1 course being a body organized direll directly P from among ahm the keopf people e you A are aro i re probably my conversant with auch guch legislation h ay be necessary to place them in harmony with the relations into hito which they are thus being placed and to that object your especial attention is invited fi i r AFFAIRS during the rest year yearl many events have transpired the resul results tg of which will have an tin important bearing upon the future welfare of our countr country Y among which the tho presidential election lately held in the states may bo be considered although as aS al Territory we have no voice in the tha ehling choosing of a chief magistrate of the loyal citizen swe cannot but feel adwa a beep interest in the issues which arise anong among the political parties of the day living biting upon the public domain alch is directly under the control 0 of the legislative power of the union the principles or ideas entertained by the tc do party n become I 1 the more important ta to tous us inasmuch as they affect indirectly our prosperity r I 1 I 1 As far as can ie be kreseen foreseen the triumph of the tho principles of the republican paty raty indicated byllie by the election of general tarl granato Gr antto f tha he bresk presidency km b I 1 1 jwill ba N benen elal cial to holthe tho the country the tho ih 0 uniform suo sue cess which welch has attended the public acts of the predl president ident elee ekkel by which he has won the confidence ef w his fellow citizens justifies the expectation atwith th the int ini in i coming of his administration ten xen renewed eWed tigor rigor will be bp given gives to projects looking to the advancement of tho nation towa towar towards ards ds greater harmony Y wealth and prosperity 6 ity IA H 1 t 1 g i 1 in connection C 1 11 flon aft tile 1 fi e 10 in n t ehfe Z 41 tp 11 M i jwo ewo bild ld U 9 the of legislation au tho theorizing thor izing the intuition int ini ution and carrying on an of for the purpose of pre pro preparing gring competent teachers for the schools of f the dat dag districts the advantages to be derived from such sueh a school am are too obvious to need amplification I 1 A ulli uniform forin and requisite knowledge by instructors of those tr anches branches necessary to the proper devel devol of the minds of the young progress will be rapid in kheiri studies and gives the confidence that proper measures are being ddn taken for forthe the advancement yan van cement of the wu educational oat cat rational ional lonal interests f the country FREE SCHOOLS by an act providing for the establishment and support of common schools approved jan 19 IM it was enacted in soc sec action seven that tho the trustees authorized to reelected be elected by section four of the tile i m arnas act shou should 1 alave delave iho the thrpo awer ren yen to sr era 4 tax of ohe krouth of one per nt t 0 ri all taxable taxably property in ia their j live tive ive lve districts to build and keep in repair suitable buildings for the accommodation of schools and for other school purposes they were also authorized to increase the amount of taxation if sufficient means could not he be obtained for the object contemplated by the rate rato of tax mentioned to any rate not exceeding three per cent conf cas has tas should be decided bya by two thirds of the taxpayers tax payers voting at a meeting called for the purpose also by the same section and in a similar manner a sum not exceeding ono one percent ier Eer to or cent per annum tim was authorized to 0 assessed to liay techen 8 supply books and lur tur furnish n xay of oper iler tier liec essary a adjuncts to schools this act undoubtedly looked to the establishment of free schools but as tile tiie first section of it left it to the option of the inhabitants of the several districts whether they should give effect to the provisions r ismons of the act or not that object fi thas ihas a oween I 1 been far from attained the organization of schools as they now exist is is based upon a combination af pf f tile the schools plans lans ians by which select and common on schools are supported taxation fees and voluntary contributions eing keing icing resorted to in order to procure to carry them on but I 1 am not informed of the existence of a single free freo school in the territory upon referring to the yearly report made by tile the superintendent of common schools to your body for the year 1867 it will be observed that tilo tile number dri of calil Iiii dren between the ages of four and sixteen years residing in the loi lol districts fumi furnishing shing returns to him was am of whom only were word enrolled as is attending ing school here llero as in 14 overy ve ry state and territory there is a ablass class of 01 persons living who wo are jih ift indigent circumstances cuing cum stances and to whom to pay the smallest amount for the education of their children would be a burden others from not fully considering the tile are not aware of the importance 01 or education ardd arid ca consequently bently allow their ehll chil drei drel rento to grow up I 1 inorante inor gnor anoe ange rather than furnish the ohp means aulean for their improvement and it is 13 presume presumed that the large ler ier percentage dentato of children not being educated js s owing to the ille existence of these classes in our midst i in misreport his report forthe for fon the year eighteen hundred and sixty four the superintendent states that dedoes hei does not favor education by taxation because while the sentiments of the people are favorable to education thoy they aro aref equally unfavorable to taxation it aud and that while under the present e sene regulations many tax themselves s from one to four per cent and pay it willingly to the school teacher would feel very differently were the territory to assume the assessment and collection 0 of f such a heavy tax 11 while taxation is conceded to be vexatious it is submitted whether considering talo tho the great importance of the subject it its js better to allow low the prejudice of a few against paying a required amount to a territorial officer to subvert the I 1 interests late rests of the public publics generally ene rally raily by depriving a portion of the children in the territory of so school privileges leges 1 pali pall all ail classes of persons are aro interested directly or indirectly in the establishment n of x freo free eo schools directly in children of their own We to ducate educate or indirectly by the obligations under vich mich every member of opo society clety is placed to I 1 favor I 1 all enterprises tending to the common commonweal weal by unequal an equal assessment property as contemplated by the acton 1866 it is presumed that sufficient means might bo be procured to extend the education to every ery gry child inthe in the territory affording to the nien loi and land pooi pool an equal chanco chance at the fountain of knowledge 1 11 dge r it is therefore eforo s suggested g c said tilt that tile the aa i of 1856 be amend amen c s as to allow the assessment S ses and ind collection i bof af pf a sum sufficient for hp support of free sei Sel schools idols throughout the territory to be assessed in connection with other territorial taxes tames and th that atthe the I 1 provisions of the te ali ail amo 4 all ame 1 e be required tobe to be carried out f 1 1 1 A i I 1 11 TO au our r honorable delegate succeeded upon the representations made in the memorial addressed to that body at the last session of the assembly in obtaining lla lia prompt action upon a bill for the es of a land office for the territory which is a matter of congratulation however owin owing 1 to the fact that the comers estal estai established lma ima I by the different parties partied employed in the survey of the public lands in the territory having been of so unsubstantial a character that but few if any of them can be found in existence isten ce a survey resurvey re will have to be made before settlers can procure a complete title titie to their lands from the government rills allis am nf ormed ec d by or generoli 11 of the territory has b been ay e brought 10 of the proper oper open tu authorities ties in A washington gion glon wit with othe the suggestion ta that dt the money appropriated at the last session of congress for public surveys be used in a resurvey re survey of such portions of the public lands found to be available for settlement and cultivation should this not be authorized I 1 would would suggest that congress be memorialized to make an appropriation I 1 of 60 I 1 OW for the purpose se that sum being cons considered necessary essa ry by the surveyor general the building now being used for the confinement of of penitentiary convicts is not not of suf fici nt ut size and und improper ten ventilation til ti lation atlon ana and other causes render it unsuitable for that purpose and it is suggested s 1 ted that a memorial be addressed to 90 congress i agress asking that the internal revenue derived from this territory Terri tor for fon a fal ili period of sufficient length to oby obtain ain aln the fhe 0 requisite amount be bo set aside for the pur purpose pose of providing the necessary henl heni penitentiary tent lary iary accommodations appropriations apro tria of this character have been made mado oby ehy by congress fo for hon the territories of montana and idaho and no good reason seems to exist why a like policy should not be ej extended to this territory i COs cox confinement fin fix OF r prisoners there is a want of legislation providing for the reception and sustenance of prisoners brought from other counties in the territory to be confined in prisons situated in tho the county of salt late lake 1 the lack of secure places places of confinement throughout the territory f V err R necessitates the commitment of near nearly afi all persons whose imprisonment becomes necessary to the prison provided in this county I 1 in the cases of offenders against the laws lassof of the tile territory X 1 am informed that it Is tho the practice to receive receive and steep epp them charging the cost of their deeming keeping to the respective counties from w which ch they are sent this is the correct course of proceeding but while it is not authorized by k legislative enactment onn off officers leeis ae are not compe compelled 10 to receive those committed to their care caro fiah places outside of or al a certain limit thus leaving it in aman a manner mannor discretionary with a mere more ministerial officer whether persons persona brought bothem to them shall be incarcerated or not more particularly is the want of legislation felt in cases where offenders against the laws of the united states are arb concerned section eight of an act in relation to the penitentiary approved jan 2018 1 90 GO brov provides ides ldes that the warden mardeil shall receive all persons duly committed but probably on account of a reimbursement re of the necessary expense of keeping a prisoner of this kind not being so readily or easily secured as in the case a territorial offender officers of the territorial penitentiary have repeatedly refused to receive persons committed to their chan char charge ge by united states officials no other place being provided for their confinement the result of this is that they have had to bo be either turned loose without an opportunity being given of having their guilt or innocence established or turn turned ed over to the military authorities to be ca eared cared for the injustice of the tho former course both to the person and to th the e public is is apparent to all and the latter course should never bo be pursued I 1 except in cases where the civil authorities are incapable of enforcing the civil laws of tho the country I 1 provision should be made whereby all ali persons ons committed by competent authority and nd in a proper manner can be confined nine fine d at ato aio tim th expense 0 of f the to territory r to subject to reimbursement from the proper source ree for the cost of their keeping keepin anil and th the tho subject 1 i suh sub submitted mitt d for sotir your pation CHAIN GANGS I 1 11 1 t rl 1 i 11 the system of chain gang labor labo now in in vogue here is a relic of barbarism needlessly essly essiy exposing convicts to the pub lic lie 9 gaze 1 ize and tending to I 1 liardon rather rathe th than an reform them 1 1 punishment of a criminal has ar its principal object his reformation and not his hia dis disgrace race and confinement with proper labor would be of greater efficacy Y in reforming te forming culprits than their exposure ana and and consequent degradation in tile the manner mentioned INTERESTS LAW the interest law passed by your honorable body at its last session declares that it shall not bo be lawful to jakemore take tak more emore than ten per cent interest per annum when the amount of interest has not been specified or agreed upon according to the legal construction gt put upon the language of this act a creditor is obliged to prove the amount of damages sustained by him to have amounted to ten per cent per annum of hib hie claim in all ease case where the rate of li terest interest lic ilc hasmet as 11 been hew rde to to be able trl to collect on emt ent dzidra and aud although in ifo rib buch such cases casc eail cail ean can mor ethan ien een per bf collected ye yr it I 1 is presumed that your intention vai vas was to avoid trouble and delay in litigation by declaring expressly the rate of interest creditors should receive when it is not specified it is therefore necessary that the act in question 15 be amended in n norderto order to give it the efficacy intended atz far fan the first section of an act concerning partnerships passe passed d by the Legis legislative assembly of the territory approved jan 14 1857 provides that the private prime property of persons cn engaged aged in co part herships ner ships shall be held liable for the debts of the firm when dhe ithe |