Show GOVE S EXECUTIVE EX department IT SALT LAKE CITY TERRITORY january 13 1874 GENTLEMEN OF tim THE legislative ASSEMBLY I 1 congratulate you upon your speedy organization and accept it as an earnest that we shall have a harmonious armonious li and useful session by the act of congress organizing a this territory the tile lawmaking law making power ower is is ani any vested in the governor and legislative assembly tiie the res responsibility ons is lag great but it is our duty d ly to so use uso the trusts committed to 0 our keeping as best to promote the general welfare there is much that is important for us to do the length of your session is fixed by law and we should so use the time allotted to us as to bo be able to complete the legislation so much needed not unmindful I 1 trust of that courtesy y which should always characterize the official conduct of co ordin ate departments in their relations with each other I 1 submit that in my judgment much of the legislation of this territory in the past has lias been incomplete and unsatisfactory we cannot ignore the fact that there has been much confusion and diall difficulty in attempting to enforce the laws ef of the territory in the past and that such confusion and di difficulty now exist much if not all of these conflicts and vexatious uncertainties have arisen directly from defective or improper legislation leai station it it is our imperative duty to remedy these evils tind and I 1 trust that we shall be able to bring order out of confusion and from the fragments 1 build a temple so perfect so ca complete p ete etc ili in all of its parts as to shie shield id every citizen and protect pre tec tee alike the rights nights 1 of all jay y an inspection of the territorial Statute sit will be seen that many of the laws now being enforced were ordained by the general As of the state of deseret la a QUASI organization which existed x t h prior to the organization of this territory by congress but never possessed any validity true these laws were ad adopted opted by a joint solution resolution Ke of the territorial legislature but that is insufficient it may with reason be questioned whether the legislative assembly can legislate upon any subject by joint resolution I 1 do not think it can the legislature was clothed by congress with full power to legislate upon all rightful subjects in the form prescribed by the organic act that is to say that each enactment should be had separately signed and approved by the governor and submitted to con congress ress for approval it cannot be claimed that any of these laws ordained by the general assembly of the state of deseret and adopted by joint resolution ever received tho approval of the governor and this is absolutely essential to make them of any binding force and efre eire effect ct it may be claimed that these are q ties eions to be courts it is answered that it is the province and tile tho duty of the lawmaking law making power to pass upon the sufficiency and validity of all laws and to make such corrections as in their judgment may seem necessary I 1 therefore call your special attention to all laws of the class referred to and ask that such as may be deemed essential be enacted separately and that all others bo be declared void education in my message to the legislative assembly at its last session I 1 urged the early establishment of a good and efficient system of common schools but nothing was done 13 knowing no wing as I 1 do that intelligence constitutes tho the very life of the republic ime Ite public the iho shield of our liberties as a people I 1 cannot too strongly etron gly appeal to you to take such action at this session as will secure the object so much desired by all good citizens it is not my purpose to specify what a school fLaw law should t montain contain in all its parts but to leave much to your judgment in tile the prem premises premise lse ise E ivery avery very vers observer of society every leader reader of history every student fc of political economy knows that educated mind refined coclet society and free government are inseparable and as every citizen aliko alike shares the blessings and benefits of good government so all alike ailko should be r required to contribute to that which gives to it its greatest strength I 1 know of no good reason why the rich man who has no children of his own to educate should not be compelled by law to contribute of his means to educate the children of his neighbor who is poor and unable of himself to do so and BO so with the man of wealth wealthy who besides educating his own children is able to do more justice good citizenship every impulse of a higher civilization demands that such should give of their substance to this great work and I 1 would compel it by law let such a system of taxation be adopted as will accumulate a fund which will be sufficient lelent for the establishment of a thorough system of free schools throughout our borders free schools are among the highest evidences of civilization and I 1 cannot refrain from cF expressing pressing the hope that the time is is not far distant and soon will come when a liberal education will be placed within the reach of every child within the republic AndI and I 1 would not have utah behind in this great work give to tile the people a thorough system of free schools that our prospective new state may be built upon the solid foundation of intellectual strength in this connection permit me to suggest that all moneys arising from lines fines and forfeitures fel fei tures should be given to the general F school chool fund thus compelling the tho violators of the law to contribute to the good promoting the cau e of education I 1 call your attention also to an act entitled entitle dAn an act providing for the management of certain property approved january 1854 which provides that the probate judge in each county is empowered and required to ta take ke possession of all property left by any deceased or absconded person when there is no do legal claimant known or sufficiently near to see fee to it in season and shall forthwith appraise and ana make two lists of said property and keep one on file and forward one to the treasurer of the perpetual emigration fund and that at the earliest practicable date the probate judge shall place that property or the avails thereof in the possession of said fund the value thereof to remain until proven away by a legal claimant when said J judge shall give an order on the treasurer by an act entitled an act confirming and legalizing an ordinance incorporating the perpetual emigration fund company jjr approved january 1836 1856 said company was placed exclusively under the supervision management and control of the church of jesus christ of latter day saints and the entire proceeds of the business of the company was made to inure to the benefit of the perpetual emigration fund thus practically div ing all moneys arising from the estate of deceased persons in the absence of a legal claimant to the church of jesus christ of latter day saints to be used for church purposes the propriety of sousing cousing so using these moneys is seriously questioned such funds are in tho the nature of an inheritance I 1 by the people and as us such belong alike to every person in in the tho territory moneys that cannot rightfully bemused to promote the interests of any one class of persons person si to the exclusion of any other will any one pretend to say that there are not as good reasons to be offered in favor of its use to promote the interest of the catholics the episcopalians Episcopal ians the presbyterians rians the methodists or any other denomination of christians as can be advanced in behalf of the church of jesus christ of latter day saints there can be but one answer all alike are w without au any K right bight to any part thereof it is is in in violation of the fundamental doctrines upon which the republic is founded to permit any church or tile tiie people of any religious belief to share any privileges which are not accorded alike to all it is not sufficient to say that where a largo large majority of the people are of a particular religious faith they po possessing messing the political power have the right to control the revenues of a country in such a mallner manner as to them may seem ju jut just t and proper governments were not established for the benefit of majorities but for the purpose of protecting minorities individual rights and not collective rights constitute the true foundations of all just governments hence it follows that if there is any number of indri men how ever small that number may be who object to the moneys acquired in this way beng being used by any church for any purpose whatever where t they ey do not derive an equal benefit with every other citizen it is the duty of the lawmaking power to correct the evil and protect them in their rights and I 1 doubt not you will agree with me that for these reasons the law which places these moneys under the control of a particular church should bo be repealed and a law enacted in its stead requiring that all revenues tf f that nature when acquired shall be so used as to benefit eve ove every ry citizen alike to accomplish this I 1 recommend that a law of escheats Es cheats be enacted and that all estates es cheating to the territory be given to the general school fund and I 1 also recommend that the perpetual em migration fund company bo be required to surrender all moneys or other property of that character now in their possession to be used used for the same purpose inasmuch as the law organizing the perpetual emigration fund company does not require its officers to make any report of its doings to any one it is impossible for me to communicate to you the amount of the fund so accumulated but as the company has been in operation eighteen years it is fair to presume that a large amount is now oil on hand which should be made available at once for educational purposes the courts that our courts are in a lamentable condition is apparent to a all ail 1 I I 1 it is said that the territorial marshal is not and cannot be legally elected under the law as it now stands that the act of the legislative assembly creating the office and providing for the filling of the same is void for the reason that it is is in express violation of the seventh section of the organic act it is is said that the probate courts rightfully 17 have no equity or criminal crimin 1 jurisdiction and yet exercise both it is paid that tho the jury law is defective fec tive and tnt that no panel can be drawn under the present law that will be legal to all these points I 1 call your special attention the rapid growth of the territory in population and wealth and enterprise and the vast amount of capital seeking investment in our midst make it all important that remedies at law be mad made speedy speed y and certain As it now itow is properties ties of incalculable value are in in constant jeopardy and citizens of profitable business and honest purpose are subjected to the villainies villa inies of the unscrupulous without the means of protection we have it in in our power to correct these evils and it is our duty to do so let the law which provides for the election of the territorial marshal by the joint vote odthe of the legislative assembly be repealed and anci a law enacted in its stead which will be in accordance with the provision of the organic act let ilet the jurisdiction of the probate courts be clearly defined depriving them by positive enactment act ment of all equity and criminal jurisdiction and confining them strictly to let jet tho jury Tury system bo be so corrected that a panel can bo be had whose verdict verdle twill will wiil bo be legal lealand le t aland and binding it is unnecessary 1 trust for me V to say that in matters ot so much importance it is our duty to rise above all preconceived opinions and labor alone for the public good that such will bo be your course of oi action I 1 have no doubt territorial officers cedr cerr in this connection permit me to call your special attention to the legal STATUS of the tho Territorial off omm meers officers the the seventh section of the organic act provides that all territorial officers shall shail be nominated bythe bytho by the tho governor and coref confirmed by tho the legislative council the legislative assembly have provided for the election of a all ali I 1 T territorial r rit orial officers by the tho joint vote voto votee of the two houses of that body independent of the Gover governor llor ilor that this is in violation of the organic act is evident all of the territorial offices I 1 ld aro are 16 now filled in accordance with tho the provisions of the acts acte of the tilo legislative assembly and I 1 doub doubt tuot not you will agree with me that their election without the nomination of the governor Gov einor in legal contemplation pla tion is a nullity the officers se so elected are the attorney general marshal treasurer libian librarian Libi anian arian an au aitor of public accounts accous ts superintendent of public instruction warden of the tile penitentiary and nota ries public we cannot ignore the fact that the question of tile tilo legality of the election of the officers enumerated has haa been a fruitful source of much vexation trouble and uncertainty producing distrust and delay in I 1 n our courts thereby doing a serious public 1 injury tv ry our duty is plain let all the laws providing for the election of territorial off omm meers officers by the legislative assembly be repealed and a law enacted instead providing for the filling of such ili in accordance with the tile requirements of the act of congress organizing the territory penitentiary I 1 call your special attention to the condition and management of th the e penitentiary in my judgment its present condition is far from being satisfactory and I 1 call upon you to make the necessary correction the office of warden of the penitentiary tent iary is one of great responsibility requiring vigilance judgment kindness of heart executive ability and integrity under the direction and control of such an all officer the management of a pris prison oil is an easy matter and in view of the peculiar ch ameter character of the duties of a warden I 1 respectfully suggest that as much power over tile the internal affairs of the prison in the management of convicts as good j judgment nt will permit be conferred upon that officer section four of an act entitled an act in re relation to the penitentiary F 3 2 approved january doth 1860 cafes confers upon the board of directors of the utah penitentiary the power to appoint a clerk overseers guards and all other necessary officers of the penitentiary the selection and employment of all subordinate off omm meers officers of the penitentiary naturally belong to the warden who alone cala can judge of the fitness of persons for these delicate and important trusts and I 1 recommend that the section inferred lef erred to be repealed and that the warden be made the le of such power and further by an act entitled an act further defining the futics of the Off omm meers officers of the penitentiary and for other purposes approved january 1861 the board of directors of the penitentiary are authorized to lease the penitentiary warden house and other buildings connected therewith together with the convicts to parties who may bid and in the event that the penitentiary and convicts are not rented by the board of directors the warden is authorized to hire the convicts out I 1 do not approve orthis of this the penitentiary and the buildings connected therewith are the property of the united states and as such tile the legislative authority of the territory has no llo right to authorize any person or dersons persons t t to lease them under any circumstances nor do I 1 approve of that |