Show lih GENTLEMEN OP OF THE COUNCIL A HD z HOUSE of representatives i since glace t the appe meeting tin 9 f r wa last legislature the affairs of the territory have continued in most respects sp i e 9 satisfactory though ceri tain enterprises have been retarded llo lio to bome some degree degroe from various causes i nevertheless unmistakable p progress his has bis been made in the settling lipof up of the country and in the development of its resources the general health of the people has been good I 1 and peace and order have prevailed throughout the territory agricultural crops havo have been abundant J and the have been amply rewarded for their labor ibor ho no c causes of dimitres dis tress from I 1 poverty have existed wha where re 1 0 n honest enn eff effort orthus has been made to obtain a livelihood the laboring classes have havo been furnished with steady employment anti and well weil remunerated for their services and in this respect they have been veen b een more fortuna fortunate tei than others of their fellow men in many portions of the country the mines in their further development bayo haye increased in 14 1 positive 31 ive value and where energy and sill lii ill have been beon displayed in warding wording them p promise large largi returns to their I 1 owners many which but two years bince since were regarded ns as mere prospects of doubtful worth worthy have gron gion into well developed mines ol 01 the facilities tor tot milling and smelting sm elting eiting have kept pace with the product of the mines several extensive establishments have been erected for the reduction of ores all ail of which I 1 believe are in successful ifal operation i and afford additional eni employment for a large number of men already attention Is being did din directed to chast coal fields of the san pete county cherer ire to joae be found i imme immense nse veins of bi bituminous blum buum litou 1 s i coal of superior quality ty for coking and ordinary uses the day appears not distant when these mines mints s will furnish fuel for thee smelting smelling sm elting of gur gun our ores ata at a cust coat probably of one 6 fourth the money now paid penn renn wr yania vanla coke this even event twIll will noark mark a new era giving fresh impetus to our out mining and bul sui smelling 1 efflux enterprises alt Ali although hough mining and bd h its ita consequent industries are as yet yeti in nevertheless furnish rk a large number er of citizens with employment and a ready market for home products be beside silie sille vhey ahey are ore the money producing interests teresta of the people and it isrea ia reasonable to expect that within a short timet time they fiey will tiei sources of great greab wealth to utah i ewhen we reflect upon rma rna aerial resources of the territory gibli ri bli fa gold hilver silver 3 lead salt sait a iron and coal with n un other in america we citti realize 1 1 1 ta the 1 necessity for correct porre ot leg pachas greh as wui III protect the humblest citizen in pia pla rights nights arid guard the interests kofl aall all ail legitimate enterprises FINANCES the reports of bf the territorial Audi torand treasurer fer ier for the two years yeara ending december 1877 have been received and I 1 herewith submit them for your information those these reports exhibit no greaten great in ln debt edlis edriS against the territory 1 which it cannot liquidate provided the money due dua counties is paid paid into the treasury however these outstanding account and auditors Audi tois tots warrants present a d condition of affairs relative to the finances which cannot be regarded evidently som eplan should be whereby the territory can be relieved of its ita in particular COMMON SCHOOLS A revision 0 of C te the law relating to peli dois bols so thai that lf t shall be more in the progress and spirit of the times a and ulf more m ore ure accept acceptable babie vAble to th the 5 entire entile people is needed and efrus I 1 frust erust t wili will receive your a tent lori iori under its present provisions every religious d denomination noni ana t tan in utah deems it necessary to furnish schools for or its children while but one ona 0 of these denominations receives any assistance from the public treasury in this city alone more than thirty thousand A dollars are annual annually ay expended expend adfor for private tuition J which is no ho inconsiderable tax and by many mariy hard to bear this amount of money should furnish schooling for nearly the whole number of children in the city whereas under the present arrangement it procures instruct instruction loil for only about one ono fifth of the entire number of we school age it would be wisdom to divide this city into int osay say six school districts with a high school as near mear the centre as may be convenient and to furnish each district with buildings devoted exclusively to school purposes and to provide all of them with teachers selected for their moral worth and qualifications as tea teu teachers regardless of their ous oua bias A graded system of instruction st in keeping with a place of this size should then be inaugurated which will meet the requirements of the children who are to be educated buch such a system when once established would give t the he greatest satisfaction to all who are interested and I 1 am confident could be maintained for lesa money than is now yearly expended for schools any system of public instruction st which will the beneficial to this city can bo be adopted by all the cities and towns in the territory with like good results no state or territory in the union is better calculated to maintain graded schools than utah as her entire population corporate limits and towns an ap should by the legislature amply for foi edue educational gation ul purposes purpose sj and the money should be raised by a direct tax levied upon the taxable property of the territory in the same manner as funds are raised for other I 1 territorial expenses the law now in force leaves the districts to decide for themselves whether er or not they will raise by taxation tax a thorr the moi mol money 3 ey necessary ito to maintain schools this provision ar vir i dually leaves the question of schools ls or no schools to the respective districts instead of to the legislature where it properly be belongs lonk public schools school s sh should ouid be under n no 0 sectarian influence morality integrity and the other virtues should be tn tu all institutions of learning but religious te teaching athing should be left to the parents the sabbath 6 schools and to the churches if a religious training under these influence swill not tand stand the jostle of public s schools 1 it will be little practical use ube to him in after irrigation while I 1 1 I realize the difficulties of an attempt to regulate the water waters in an arid country so sa aa as to give abdi individuals their exact proportion and while it can hardly be expected the matter will ever be so ad adjusted aa as to give entire satisfaction yet I 1 am im conf confident identa a system can be devised which bich will come nearer to it than the present one the ghe irrigation districts the election of officers etc ete i but fail to define the rights of individuals or give them auy any permanent privileges the law lav ia la so meagre in its provisions that a supply of water depends more onabe on the goodwill good will of neighbors neigh bors bora thara than upon aby rights which can be enforced neither will the people ot of the territory have any sufficient guaranty against serious difficulties until their individual interests to the water vater am are more s specifically e c defined by law we go should u 1 d bear in mind that in the absence of territorial legislation on this subject the common law prevails pr and is wholly inapplicable to countries which have to depend upon the watercourses water courses fora sufficient supply of water not only fo for ordinary uses but for the purposes of irrigating A well considered law would be of great service especially to agri culturists and prevent itt litigation which must grow out of the present system legal title to water is quite ai act essential in this thia territory as legal title to land and as soon as acquired it should be a martof part of and go with the realty and rind made a matter of record in the bame game man mah zer fler a as real estate SEC BALLOT I 1 desire to call attention to tho the law regulating election elections 6 j and request that it be by so ame amended ded as to relieve bitof it of an objectionable feature known a as 9 the marked ballot w that portion of the statute relating to the registration ef of votes as a precaution against fraud ia is acceptable to the people and is considered amply ampy sufficient as a safeguard without the accompanying provision rov ision islon tre requiring the name of the elector to be written in the poll books and opposite to it the number of his hia vote this is 19 regarded as espionage enabling the off meers officers of bf election if so dispose disposed ds to tell lell how and for whom each person votes voles I 1 also suggest the propriety of providing for two judges of je election lection in every precinct instead of one make it the duty of tho the county court to appoint the officers and to select one ono from frodi each of or the political parties thereby giving to each a frien friend d at the polls also that every ballot be sealed up tip in ail an envelope before being deposited the envelopes to be of uniform color and size and to be furnished to judges of election by the county courts for free ds dis at tho the places of holding the elections this it seems would afford to every citizen entitled to vote an opportunity to do so in accordance with hl his own wishes the right of suffrage allowed to citizens should carry with it the right to exercise e that buff suffrage in a matir manner eer fer satisfactory to hims himi himself elf eif without the possibility of being called to account for his choice of candidates or of experiencing rien ilen cing unpleasant consequences the te duty of the Legis legislature latura to io kad guard iad the purity of the ballot box is unquestioned but it would be an abuse of power to so entangle it aa as to thwart the wishes of the people otherwise suffrage which has been dived given as a high constitutional privilege wherewith to protect their right rights and opinions recoils on its possessors and subverts the very ends and objects it was intended to accomplish i COMPILED its ils last session created a commission to adm compile pile the statutes and laws then in force and those enacted during that session the bill provided that when the books should be published they should hould 6 be placed in the hands of the auditor of public accounts to be by him disposed of in the following manner to the governor secretary creta cre tary and judges of the fhe supreme court I 1 one copy each to the members berkof of the legislature and to the territorial officers one copy each a and nd two hundred copida s to be retained for the use of member future legislatures etc but made no provision for a free distribution of a certain number outside of the territory to persons and libraries the legislature appropriated six thousand dollars to meet the expenses of publication to which congress subsequently added four thousand dollars more to be drawn and paid over subject to the approval of the governor it was deemed advisable congress having contributed so liberally in ila aid of the work to set aside a certain number of the books forthe for the use odthe of the president of the united states members of his cabinet heads of bureaus the various com nelt rait tees teea of the senate and house of representatives and for the use of state and territorial libraries I 1 will add that this territory is under obligations to nearly all of the states for law reports and other public documents and in return for these contributions they have requested to be furnished with copies of our statutes legislative documents and such other publications as we may have for the use of their libraries arles aries which they consider incomplete without them To sUpply this demand the commission placed in the hands of the secretary of the territory two hundred copies of the compiled laws with the understanding that the tho matter should bo be laid before the present legislature for approval and for a further contribution of one hundred copies to the same object 1 in complying comply ing with these requests we only liquidate a debt which has long be been endue due and which should have been provided for in the bill relating to the compilation of the laws bali sunder the present practice parties who ard are bound over for trial not un frequently escape and are not to be found when their cases cates are ready for trial triai although ball bail i la s thereby forfeited yet jet thes thel prose euting officer is i obliged io wai wal wait walt it until the thu succeeding g term of court before he can bring an action on the lh bond g X judgment the money this defective bail ball system is a serious drawback to an efficient and prompt execution of the law besides it is no uncommon thing that by the time judgment Js ren derid der edno no property can ean ep ean n bo be found i out of which to satisfy the execution n the law in respect to bailors bailers should be amended and their lia ila bili ties made more moro specific i and tive A liquidated bo bond should be required by persons who offer themselves as surety for others and a bond on which the officers of the court can proceed at once to collect the money if it forfeited such bonds should be a lien on the real estate mentioned therein and nud and aud the courts be empowered to issue process for the collection of the sum agreed upon without further legal proceedings ce clr ClI CHATTE ATTEL Ii MORTGAGES A requirement of law is needed which will make malie it obligatory on mortgagees of personal property to record their titles in the county where the property is situated A provision of this ki kind nd would afford ample notice to third parties of the transaction and allow the mortgagor to retain possession of the property so long as he complies with the conditions of his agreement provided the arrangement ia is satisfactory to the mortgagee under present enactment loans made on this class of securities are considered insecure unless the pledge is transferred to and remains in possession of the the law BO so modified as to contain the ment suggested would beba be of service to persons who deal in this kind of security and equally advantageous to mortgage or and mortgagee justl JUSTI JUSTICES CES OF THE since the adjournment of the legislature several vacancies have occurred in the office of j justlee justice ustice of the peace these offices being elective and there being no authority sot sox to calling a special election to fill them the remain negwin unfilled and arid are awaiting your action esthere As there has been a general misunderstanding throughout the territory respecting which governs in these cases I 1 cite the provisions of the united states statutes relating thereto section 1856 provides justices of me the peace and general officers of the militia in the several territories shall be erected elected by the people veople in such manner as the respective legislatures may provide by law bee 1857 all township dis brict and county officers justices of the peace and general officers of the militia shall be appointed or elected in such buch manner as may be provided by the and legislative assembly of wk i see sec 1858 1958 in any of the territories whenever a vacancy happens from resignation or death during the recess of the legislative council in any office which under the organic act of any territory is i to ba filled by appointment of ane the governor by and with |