Show THE GOVERNORS VETO IN another part of tile the NEWS today to day will oil be found a lyie INIe memorial morial of the assembly the tile elected of the people of the to congress assembled 1 praying ra that body before spec spee specially aily ails ally 0 for utah to appoint a COMMIL committee tee to investigate the situation of the territory and especially tile the charges of disloyalty insubordination di etc made against tile the people thereof by certain parties who are urging congress I 1 to hasty legislation of that character the legislation thus demanded fer fyr etah utah tah tab is of such an extraordinary kind so malignant in spirit so prescriptive ros in character so so destructive truc tive of the privileges liberties and rights of american citizens and so thoroughly at variance with every understood principle ican cali call government that any one who Is in favor of hural hurrying ing it through 0 all ali congress betrays thereby the fact that lie is aware of the reau repulsive I 1 sive I 1 nature legislation and every minded man will see at once one the necessity and be decidedly in lit favor of a full free fice and impartial ventilation of afdal affairs rs here and of the ille alleged reasons wh why such legislation Is considered necessary what is there to be objected to in this Is a perfect understanding or of the we it a disadvantage I 1 to legislators and tind is 1 ignorance morance or at most one sided testimony an advantage if the tile people here are open to tho serious charges preferred against them and congressional 11 legislation t is really necessary in consee consequence what possible reasonable objection ean can there be to a fair and thorough investigation that lil lii all ill the 1110 light obtainable may be had upon the subject before legislation is attempted this surely must be infinitely better betten than legislating hastily blindly with partial information and consequently with almost absolute certainty in a blundering and entirely inadequate and manner yesterday yest Vest erday Gov governor erncr woods took occasion in vetoing the memorial to make a long string of charges against tile the legislature and the people eople in ills his usual supercilious and dictatorial dictatorial style as if ho he was lecturing and hectorina hectoring hectorina hectoring hee hec a parcel of school boys but whar what does all till that amount to it afforded ills his excellency a chance for indulging in lit a little more of ills his peculiar kind or of spread but supposing that all liis ills charges were true would that prove that careful in Tosti vesti gatlon gation were unnecessary not kot a bit on the contrary it would boa strong plea in favor of the strong necessity of investigation and of careful not rand random om legisla legis ial lal bionto remedy the wrong the governor complains that the legislative assembly does not legislate precisely as lie ho ommen recommend rec recommends ds Is it under any obligation to do so if it ii 14 what is the use of a legislature the governor himself could take its place mid and be all nil sufficient to perform its labors as he be evidently thinks he is the legislature is a deliberative assembly and its duty Is ig to act upon its own convictions of duty and not to blindly and slavishly follow ills his he may be superlatively sagacious and wise but the legislature is not bou bound b by y law to think so nor to receive his ilia suggestions as inspirations of infallibility his excellency may not conceive that it is possible for him hm to be a fallible creature but we be bog to asure him that he be is and no men are more sensible of that fact than tile the members of the legislature of utah in fact ills his excellency keeps thrusting that fact before their eyes with wonderful persistence the governor complains that congress lias ilas made certain acts criminal and that the tile legislature of utah has not done the same if congress lias has done it why need the territory do doit dolt it are not dot the acts or of congress sufficient do they need confirma confirmation tion tiou by the tc arito rial legislature 4 his excelled Ex excellency cellen celien says that crimes have been com eom committed in eted in utah and the criminals go what has the legislature to do with that why dont the tile judicial and executive officers tile tiie laws which the Legisla tulo has lias enacted the governor says the legislature lias has violated the tho organic act if so congress has lias had llad abundant opportunity to note the same and why object to an investigation of such alleged legislation mis the governor in effect A gives th the 0 legislators a black character what ha haq ho lie to do with that the people have chosen them for their representatives presenta tives if anhof any of them have llave broken the law they are answers answerable ble bie to the law the legh begh legislature laturo baturo has heard rumors concerning his bis excellency antecedents but what has the legislature to do with those rumors must it talk about them ostentatiously and insultingly 0 in a message to him pshaw his excellency says the election law of the territory is not perfectly in accord with the US law icso if so does his excellency think the territorial rit orial law superior to the U US B law or rather is not the conflicting portion of the former ma devoid devold by the latter and there therefore fore foie what need of harping upon the subject the governor says there has not been a jury impanel led in utah for more than three years whose verdict would be valid I 1 nor can call there bo be under the p present sent law does the governor wish to usurp judicial functions does he set himself above the court of the united states who is the thip very man that eliat caused tho linban allme element nt of illegal juries for a year and a half or so who but the present U S chief justice for the territory it was not the proceedings of the legislature but the decisions of chief justice mclean mckean that were absolutely and unanimously reversed by the supreme court in washington D C and who refuses now to have juries im in panelled panel led according to law but this ver very y chief justice ro in the other two districts juries have been im in panel led lately and it is only in this thi the th third rd where they have not been allowed to be im in panelled ranel panel led from 1859 juries have beena been impanel led at various times time in all the districts under tile the law yet hl ahls s E excellency says saya they cant b be e inthis in this hasty resume we really cannot go into all the governors statements ments for lack of time and space but we will now take u up P one bilat that he be seems to make a principal reliance that of the election of certain off omm meers officers by the legislature in ns as he claims violation of the Or organic garlic act instead of letting him nominate them what aliat does the Ok organic gaille act say on this point the seventh section says that all township district and county officers not herein otherwise provided for shall be appointed or elected as the case may be in such manner us shall be provided by the governor and legislative assembly odthe of the territory of utah here is a provision for the clinos ing ine of certain officers they may be appointed or elected in such manner as a shall be provided by the governor and legislative assembly seni bly in accordance accor danea danca with that provision of the organic act the Gover governor norand and legislature in former years provided a way by elee election for the choosing of those oil officers they were empowered b by y the organic act to do it either by appointment appointment or election they ag c chose ose election now what does the tile organic act further say sayi the same same pame section says the governor shall nominate I 1 and by and with tho the advice and consent of the legislative counell council P appoint all officers not he herein re otherwise provided for sv vs 11 what did the tile Ga Gs vernor and legislature do in the premi premises ses an act of the lowi Logi legislature slature was approved 1 march larch 3 1850 providing nor for tile the election 6 of a territorial marshal marshai and an attorney general by the tiye joint vote of both dowses of tho the legislative assembly we may take these two as representative officers sq to make our present argument ar u the more brief from that time to this those officers have continued to be chosen in that way for twenty two years tho the choice of those boffl officers cers has been thus elective congress has been cognizant of this law has never annulled it but by annulment non has virtually approved of it silence giver gives consent this law and this method of choosing these onnic offic officers erd erg has therefore tho sanction not only of prescription but of local and cou con gressional gres ional law and juries have been impanel led and cases dases tried through those officers so cli eli chosen sen this ne accords records cords with the tho opinion or of the supreme court of the united states in 1870 a federal judge 0 tile tiie territorial marshal marshai but nut inthe in the tha celebrated engelbrecht case the supreme court of the united U lifted states in 1871 unanimously decided the district court at fault and the territorial marshal the proper officer to execute processes inter in territorial rit orial cases and to impanel juries in such cases yet the governor says it cant be done and the marshal is illegally chosen and therefore no juries can be emean meled the tile engelbrecht decision says expressly cr nor dowe do we think the tile other objection sound viz that the required dired participation of the territorial marshai marshal in summoning junies juries invalidated his acts because lie he was elected by the legislature and not appointed by the governor he ae acted tedas as territorial marshal under color of authority and if he was not legally such ills bis acts cannot bo be questioned indart indirectly etly in relation to the orui orul attorney this question too lias has gone before itald and been acted upon by tile the supreme court of the tho United states and decided in favor favo offee fhe the legality of that officer and ill lii his s acts we cannot now go lengthily into this case snow plaintiff in error vs the United states ex rel C charles charies arror ailes alles H hempstead hemps tead united states district attorney ir ill error to the supreme court of the territory ari of utah 1 I 1 the question was which ellof of tile the two attorneys territorial or federal era is the legal officer to prosecute territorial cases in the U S district courts in the territory the decision of the U S supreme court was that mr snow tho the territorial attorney was the proper and legal onni ofil officer cur thus again reversing the decision of the supreme u court of the tho territory the decision lec ision was given in in the october term 18 ism 1875 M this is the language of me the dee doc decision lson ison isoA the power given to tile the lege legislature isla is extremely broad it extends to all rightful subjects of legislation islat lon ion consistent with the constitution and the organic act itself and there seems to be nothing in either of these instruments which directly conflict with the territorial law if there is any inconsistency at all it is in that part of tile the organic act which provides for the appointment bythe bytho by the president of an attorney for the territory but is that necessarily an inconsistency the proper business of that attorney may be regarded as relating to eases cases in which tile the government of the united states is concerned the analogous case of tho the mar man marshai marshal shai and the tile separation of the business of the courts as to government and territorial cases seem to give some bomb countenance to this idea at all events it has sunni sufficient clent elent basis for its support to establish the conclusion that there is no necessary conflict between the organic and the territorial laws the organic act Is susceptible ce cep p tible i ble blo efa era of a construction that will avoid such conflict and that construction st is supported by long usage in this and other territories under these circumstances it is the duty of the court to adopt it and to declare the territorial act valid 22 anere is an appeal case pending in the supreme cou CPU rt of the United d states involving the question of the jurisdiction of the probate courts of this territory but similar arguments may be cedon that question as on elioso relating to the marshal marshai attorney and the En engelbrecht aelbrecht case settled the jury matter therefore theredore ther edore eforo tho assertion of tile tho governor that juries cannot be legally impanel led nor cases legally tried in this territory because of the imperfect state of the laws is sheer pretence predence pre tence without tile the slight slightest foundation in fact jact I 1 in n 1813 1873 prisoners were tried and convicted in the tile second judicial district and sent to tho the penitentiary and in lit the first dis district triet several men med have been indicted whose cases are now pending it is only in the third district and under chief justice rustico mckean that the insuperable A i giesin ties in the tho of juries junies and in the trial of criminal cases in the tho very district and with the very judge where absolutely illegal juries chosen by federal off omm meers officers were in vogue for a year and a half and only on the rever sory decision of the supreme court of the united states thus the statements of the goy er noras to the illegality Illera illegality lity of certain local officers and t the I 1 to hin fin ift ity of panelling im juries and administering the laws erum crum bleto the ground I 1 |