| Show PAYING U S OFFICERS ebs ERS t PRESIDENT GRANT said nothing about utah ijen h in his message because accord according ipg ing to one of his organs there was no present necessity to do so attorney general williams bow however must have considered there was way a necessity for tn in his report lie he refers to utah and recommends further jegl Jegi legislation by congress to enforce that part of the poland bill wiil weil which h provides that the service and execution of judicial process by the un united cited states marshal in territorial cases criminal shall be paid padd for out of the territorial treasury also the obtaining of funds to kee keep p territorial prisoners the poland joland bill taking the service v ico lee and ana Q exception of judicial process cessin in ferrit territorial orial cases out of the hands bands of territorial officers and putting them in the hands of U S off officers leers did not become a law until after the last sitting of the tha territorial le legislature gi slature therefore that body has llad no opportunity for action act ionin lonin ifill regard to the provisions of that bill nr nor will there be any such opportunity as the law now stands standi before the winter of 1875 6 congress having provided by law that te territorial nit orial legislature the sh shall shail all nil meet biennially blenn bienn lally attorney general says it is not likely that the territorial legislature wili make any appropriation for the purpose in question possibly il wont wout possibly Oly it will As the legislature has had no opportunity port unity of acting on the matter it would be premature unauthorized and in bad taste in us to say what elt bit would or would not do oven even if we knew which we do not pretend to do the remark of the attorney general how bow however ever evor as to the probabilities shows that he is aretha aw I 1 the poland bill implies an extraordinary course of action by of this territory territory Terri tor y in IL regard to te provisions or of that bill a course counse which he might consider their duties to their constituents abd their fealty to the hujing principles ples pies of american government would not permit them to take and therefore he wants congress to enact another enforcement law ape specially applicable to utah the aim of which shall be to authorize U tf onn off officers leers to disburse a not inconsiderable portion of the territorial taxes n tens cem as regards the will of the legislature and the people of the territory congress a republican publican Be congress has already enacted an enforcement law partly to which the present 11 condition of the south particularly and of the whole union generally and also the late ulm dim disastrous republican defeats sare bare ii attributed it is an open question ti estion whether under these thene con during this thib its short aud and last sessi session orl ori will care to add to ioa ios present and firmy future unpopularity by enacting any farther legit legislation dation in thal that odious enforcement direction though the object thereof should be only utah for whatever the tile supposed insignificance of the object the bad precedent would be established nope the less surely the provision in the poland bill requiring the territories to py for service s performed by U S omm off leeni officers la Is directly antagonistic to the com nion noon of individuals and organized bodies and is therefore ot the nature t of a despotic or war measure ceasare me asare rather than the legislation or of a republic in time of peace ita fia bace it is an established rule ruie having ving the force of a fundamental principle that those who employ persons shall pay them und and hot sot out of other peoples pockets either the united states appoints and stud employs U S marshals and united states is the R proper 0 p er party to pay them the territory r r it ry ot of utah does riot nob appoint U sf 8 marshals marshan mars haw baw does not employ them thene does dobi not direct or in any manner control their services hes kes has nothing or of the kind to do with them and aad therefore it is a rank in justice for the territory to na com tom pelted belted to eay day those for their jabors labors there laas much justice j ustice in U S officers dipping into county or municipal taxes taxed as into territorial taxes the united states la is one ape cial organization with its special revenue a state is another special organization with its ita special revenue A territory is another special organization with its special revenue a county is another special organization with its special revenue and a city Is ia another special organization with its special revenue neither of these special organizations has any constitutional right to elze eize s upon and disburse the special revenue of any other of these special organizations such a course of procedure would be an unwarranted stretch of authority in our opinion and should be uncompromisingly opposed by all true americans i we are aware that the U B S marshals under the poland poian d bill ill lii execute processes of I 1 law aw under t the h e title of the people of utah vs v s so and so but f so 30 far as the US marshals are concerned concer cencer ned nod this Is a legal fiction for the peo people people pio pie of the territory do not employ those i marshal marshai nor nordo do they act in any mannel under sanction or authority of the people or of the Terri territory tofy because the people elected or caused to be elected territorial marshals to perform those duties and have had nothing whatever ver to do with the appointment or employment of the U 8 marshals therefore if con congress g ress shall proceed to any fu further rth er legislation in this regard it will be perfectly right for that legislation to provide that united states marshals be paid out of the united states treasury for their services and not but of the territorial treasury the united states like all other bodies should pay its own employees |
