| Show UTAH AFFAIRS IN THE SEN sert ATE DEBATE OVER tite TIIE PROVISION TO fill VACANCIES laor OS olp alom aiom low SION A LET net THE UTAH JUDGES T THE senate of the united states on thel being in committee of the whole and having t under consideration the tha sundry civil appropriation bill the following was introduced mr nir hoar 1 I delie delte to oner offer an aim amendment sm end ment which Ye quires requires the unanimous consent of the thel senate and I 1 should like to have lave read a letter t e r signed agn d byall by all ail the justices of the 1116 territory r erni torp tore of uta utah 3 w which ich shows the necessity ty for ort it f I 1 move to insert incerty after line ne the governor ct ot the tha territory of utah la Is hereby authorized to appoint officers in the said ory ary to fill vaca vacancies ucles which may be lie c caused 1 ed by a failure to elect on the first monday d a yin in august 1882 in consequence of the brov provisions I 1 of oran otan an act ent ont it ledAn act art to adomi section of the revised sra Sfa ol 01 tho states to in reference reft renco to bigamy and for other ether purposes approved march 22 W 1 to hold their offices their successors are ara elected and qualified under tha the provisions ot of ba d act bowl now I 1 ask asb that the letter to which I 1 referred be read the acting secretary lead as fig follows the tha undersigner undersigned Under signed lud fud pres tres of 0 the supreme court of the tho territory ot utah respectfully lly liy represent P e that the edmunds hlll bill io EO called caned vates vacates all registration and election officers in ojah otah that by reason ot of thia this no registration ot of voters totera hu has been bem made in WS this ferrIt territory ozy cry this year tha local law requires to bo be done cone in may and revised the first week in juneann june and none cone but registered voters can vote that by reason of 0 buch such u h failava of registration add ard lack of election officer the election tired fired for the first monday in id august 18 22 cannot be held that at such auch election theca there would have been beca oho cho ell en bil ski cessaro soza sora to au the tha present county also to tho territorial auditor and treasurer as directed by territorial statute that those sona sora cannot now cow bho fco chosen for the iho romus nelus nive give this failure to elect 1911 la abla liable to came cause general disturbance and trouble espe es clay pec fally lally in view of the well known many ot of the present incumbents arc aro understood to be polygamists and so 60 disqualified qua lined under the law above referred to to hoid hold office we therefore ask that Coo oon gresa shall take such measures meas urea aa as will provide for legal local successors to all tho the present incumbents ot whose successors goa Boa would have been chosen at the august election and thereby secure the continuance of good order and the regular and undisputed support of organized government t which otherwise weald would be seriously jeopardized we bave have delayed his this representation aa as possible hoping for the ad advent vent rent of the election commissioners but they have not jet set come dated july 20 im jom JOHN X A ilu liu harrer qt chiet chief J untied Justl ca IL EMERSON associate Just justice ioe foe ster STEPHEN P tass associate justice supreme court of utah mr sir vir hoar hoan this amendee amendment ni was prepared by the senator from delaware mr bayard the senator from new york mr Ls lapham pham and myself and we are authorized by the tho judiciary committee unanimously to recommend it the point is a very gimpio one there waa was to be an election or local off omm leeze cers ceis registers regi stera of deeds auditors au ditora and county bounty officers on the forst first monday in august that election ejection can cau only be made by duly registered voters and tho the duly registered boera can only be registered at a registration made in may but the edmunda edmunds bill vacated from the time of its passage the offices of all tho the election officers in utah i consequently there abere w wab was as no registration so that after the first monday in august there will bo be none of the local officers in existence until an election is hold under the pro vision of the edmunda bill and the territorial legislature ture elected under the tho provision of the edmunds bill provides for the filling of these offices by a new election the tho amendment provides that the governor may appoint officers I 1 tor for the interregnum simply the presiding meer officer mr bees an fn n the chair the question is on ai agreeing to the tho amendment of the tho senator from massachusetts mr hoar tho the amendment wae was agreed to when the amendment came to be considered in the senate as reported by the committee on the whole the matter was waa discussed as us follows mr browni brown I 1 make the point of order on that amendment that it is general legislation and that it is not germane to the objects of this provision of the bill the president pro tem lem tempore pore no point tint of order can be taken in the senate bonate it must be taken in committee of the whole can we not make the point of order in the senate I 1 do dotso not so understand the rule the president pro tempore the chair has decided that repeatedly at this session the point must be bei taken as boon soon aa as tho amendment Is offered ered in committee of the tho whole and if an amendment has been made in committee of tho the whole and no point of order has been bee h taken to it ift tho point cannot ba be hadeln made in the senate mr ferry simply because it was not made in time the tho president pro tem lem tempore em pore of course mr brown that being the ruling of the chair I 1 ask for a vote I 1 desire tossy to say only a few words the recital is that the registration that was necessary in the territory of utah was not made on account of what Is known as th the edmunds eEdmunds bill and that at a certain future period the present officers will go out of offic office the proposition now is to permit the governor of utah to fa appoint point all the officers of ahl ail understand it until their sue censors are elected and qualified mr noar hoar all those thoe e who do go out no othe others ra mr got out as I 1 understand der stand it amounts to the right to appoint the i whole of th ahem em and until their sec bec successors censors sors are elected by jaw and qualified I 1 do not know when the that has gone out there will authorize an election i or will make any provisions for an election if the governor of utah is permitted to make appointments until such elections are had they may not he had in years and the right of election by the people of the territory will be defeated defeat edby by am a measure aas of this character if there was something in this amendment that limited this duration to bome rome ae definite finite time and required the commissioners sent there to institute a government me nt by election within a reasonable time I 1 wo would aid ald not have the objection jec tion mr hoar I 1 do not think my ray honorable friend heard the explanation which I 1 made when the aune arne amendment did fid in ent was dnn offered ered or the letter from the judges of the territory this amendment was mas was proposed unanimously by the J jn a dietary committee in consequence of a letter brought to their attention by the senator from new york mr L Ija pham and the mode of reaching the difficulty was one suggested by the benator senator from delaware delawarek mr bayard Bayar dJ although tho ugh I 1 actually held the ten nen that put it into shape myself the point is this these commissioners go 0 on and provide a vi new election odthe territorial legislature fortaw forthwith ith that is their duty and that territorial legislature in its turn is to provide for elections for all these county and other subordinate territorial officers until that action Is bad by the territorial rit orial legislature elected in inthe the new way wry under election officers appointed by the commissioners the old law would go on but the edmund edmunds bill vacated every elective officer in the territory the effect of that was that there were no officers w who ho could mabe mahe a registration in may the august augast election was to bean beau be an election by voters registered in may therefore there Is Js not a legally qualified voter in the territory of utah to yote vote vo te next monday theer the effect la Is that all the offices in jn that territory become vacant and there is a time of absolute and total lawlessness which is to be next monday unless the government can provide for it there Is bot not a register of deeds there is not a local county assessor or I 1 sup suppose porse a constable though lam ram I 1 am not sure about that no auditor of accounts this amendment provides without suspending or 01 delaying the tho operation of the edmunds bill a moment that the government may appoint these officers temporarily to bold until the new legislature comes cornea in under the E edmunds d bill which will then p provide lovide according to the provisions of that law for a new election mr brown what length of time dogs doss the senator from masa Mase chu achu ectus suppose it will take to organize the tha government mr Hoar Probably two or three months mr bayard nay bay ard aid it amounts to this it merely is intended to keep that territory from almost anarchy until the next election mr brown to that I 1 do not object but I 1 do object to ta tiie tile e delay that may be practiced practised by the commiss commis com miss misi sion aion it may bo be sis BIS months or twelve months or two years there ought to be some time beyond which these appointees ea should not hold Ms hoar if the senator will make it esix or eight months there will be time tire enough to cover co it mr bayard it is understood to beamerr be a mere temporary appointment to keep tho machinery of government mentar going mr brown but in fact it may be years lore wore there will bo be any election mr air hoar cou Cos gresa will be in session in four months from this day mr brown 1 I want sometime some Bome time fixed beyond which they shall hold I 1 am willing to aay any s six bix months Mr Bayard you had better make mako Is eight months am and ayou you can reach it almost any time mr brown if the commissioners have gone there with an honest intention to organize a government as soon as it can be done I 1 know ihnow that it can be done in six months it seems to me to ba be an impossibility to suppose that those officers will not exercise that du duty Y and that chat there will not bo be a legislature in utah the benat senator orro orlo idea supposes that there will bano be no ele eie elec i tion for a legislature legia lature in utah under the edmunds bill at all mr brown if I 1 you governor to appoint all these officers and the choosy to dolay doer it there la Is no power pow er behind them to compel them to act not in a year mr hoar I 1 will con cou consent senCio to an amendment adding 0 that ho the mrm cf paid calean E hall shall in co no case exceed eight months mr brown 1 I will then bu amit to that I 1 want some bome reasonable time within which the tha people shall have the light to organize government there I 1 will suggest tha that 1 A 1 the usual provision in states and in territories where chere no election is 18 ninde madeko ma deto to fill an office 13 that tho the in ju remaina in office until hi hij successor is elected and qualified Is there anything in utah in conflict with that mr hoar the with that is this The present officers are very many of them and the edmunds act provides that no polygamists shall sui continue to hold office therefore the present off omm meers officers do not hold hoid there mr brown how do YOU yon ascertain that a man is a polygamist tilo judges orthe odthe ter we aie unanimous in sending bending this to us A the president pro tempore the question la Is on ou the amendment t to the amendment s the amendment to the abendr ameila ment was agreed to I 1 4 the amendment as amended wasy wasi concurred in i |
