Show THE rau BAD UPON THE OFFICES continuation OF op THE batt MENTS october october 13 1882 the court mei mes me this morning at 10 chief justice hunter on the bench mr marshall roe rose to make the closing speech on behalf of the and said he deemed it useless P et and in fr fact t a vain work to endeavor to cover any of the points of law referred to tb by his colleague mr dickson they were willing on behalf of the appointees of the governor vernor to submit the nuz auz authorities thorIt thorl ties les and the reasoning that had been made by mr dickson in the argument that thai he proposed to make he desired to confine himself solely and absolutely to the question of the construction of statutes and to read only bach each law as bore upon that subject lie he desired in rading reading that law and defining I 1 it tj that his honor would take the edmunds edmunda bill and the statute statutes bof of utah providing for a term of office and the hoar amendment together that as they allmore nil all bore on the same subject they should bo be read and construed to gether in the light of the law which he would read and from that he ho would ask aak his to form a conclusion causion as to what the intention of the legislation in question athe the edmunds bill etc was before proceeding with ment counsel referred to bome some further authorities not covered byl byi hla hia colleague yesterday he regarded this reference merely as supplemental to mr dickson argument the references went to show as claimed by counsel that excel ticha to the general rule of mandamus proceedings were admi admirable ad mable nabie in the present case counsel then called attention to the rules of construction of statutes going to show how far the cour court may go to give forca forea and effect to the intention of the lawmaking law making power r the late decision of yn judge dg e field in the chinaman ca cass nse was waa specially referred to in this connection connections nee tion and counsel pro proposed posed to quote authority in support of the same the court was requested to take the statutes and consider them with the tha hoar amendment treating on the territory of utah and the Con congress aress of tho the united states as lone eone one legislative body and attach at the end tho the act of the territory creating tho the office and providing for the appointments covered by eie fie hoar amendment and construe them together the court was also requested to take tha tho edmunds bill and the utah statutes providing for the offices and place them bide eide by side before arriving at hia hla decision after reading a number of authorities upon the rules of construction counsel said that the object of the courts had been to give force and effect to at all hazards and at all times to avoid a construction which in its suits results would render that legislation and absurd tor ton lor or which in force and effect would declare it null and void for all and every purpose or object but in this cabe case no such thing was requisite qui site his honor was not forced to that atter alternative native thera was wag not one single word in the hoar amendment that could be construed other than by giving its reasonable and appropriate meaning and by giving such a construction fels his honor would give to it vitality hig his decision would carry with it the true meaning and intent of the legislators in doing this he would not pronounce the action of the senate of the united states absurd vain void and of no purpose mr marshall waa was al at 1 this abage asked by mr rawlins if he had bid any objection to his asking a question tIon mr marshan marshall meted feted ve red ted no sir I 1 dont wish to ba be interrupted my collogue col coli legue egue will vill answer this thib reminded mr marshall of a personal compliment that had been paid hilj him in connection with ruith the main question by mr rawlins in his lengthy argument and the gentleman in this particular had reminded him of a colloquy in Bul nul wera celebrated play of mtichell geuin which that wise cardinal in his superior knowledge of human na the philosophy of the human mind is talk taik talking with ith his brother joseph and after ap sup pealing to his ambition and selfish bel eel alah flah ness he makes this remark gro 0 joseph you may yet become a elev bish rish op opi I 1 thought said mr mas mar shall if that my ft friends lends aptitude in displaying his knowledge of the jesuitism and sophisms sophi sms of religion earned him the tho application of the remark gio 0 joseph you may yet become a bishop 11 this on the part of counsel was enjoyed apparently by all but its effi effect act was really marred by the rather inelegant style stylo of the gent lemans delivery mr Itaw hawlins lins may I 1 ask you the question now mr air Mars marshall ball hail ans no sir bir bir sir I 1 refer you yon again to my colleague laughter on the other elde eide after quoting authorities on the construction of statutes coursel said sald he desired to review certain current history ho he did not wish to refer to it od act he baid eaid for the purpose of cresting creating effect lut but merely to address himself to the law jaw pertinent to the case it wag was part and parcel of the argument and therefore should be entered into ho he then said paid the organic act was passed in and as early as 59 9 athe the laws of the united states were violated and resistance istance rea was offer it was wag reported to the laws lawa th the 0 result was an army a rebellion a force marched from the eastern states to utah to enforce the rights of your honors predecessors time rolled on the discord was settled in 1862 the anti antl polygamy jaw law was waa passed striking at once at the fundamental da principles of the mormon church the people that ruled luied throughout this territory proclaiming and defining that aa as a crime which was one of the essentials and fundamental principles of their church the law jaw was fass pass passed red sed and the reynolds case cage was theonley conviction that could coald be obtained tin via fact it was scarcely possible for the law to be enforced in utah ufah public lle lie opinion with the masses taught t bj by its leaders le aders adera that law was unconstitutional unconstitutional how it WAS in viola tion of a higher law it struck the supreme being himself and violated his ordinances his revelations as given to joe smith and brigham young the people in their faith believed I 1 give them credit for that I 1 know them well earnest in their faith earnest in their belief believing that their future salvation depended upon their violation in fact of the law be llovina thet their hopes of the tho future rested solely in the completo complete gubser to the revelations of the church to ita creeds creeda and its doctrines and covenants disregarding and betting setting at nought sought the law ot of 1862 1962 which upon the statute books of the he united states was a dead latter for 18 yearb years nearly neaily finally a case was brought against reynolds he was tried and convicted under and by aid of the tho poland bill the general impression through utah was that this was a test caan casa well try this case let it be brought before tho the supreme court of the united states and there settle the question whether this law is against a higher law and whether it is an innovation of the rights of conscience and well obey that law decision such were the hopes of all well wishers of the people that when tho the Supreme Court decided that then the mau masses es of the people of utah those constituting tho bone and sinew would bow to tho the decision of that court and recognize cog nize niza ita its force and effect and henceforth henes forth go and sin no more yes the well wishes of tills this territory of its greatness and wealth hoped and trusted that the leaders in high places in this church would when tho the decision was telegraphed from washington take taho it upon themselves to teach their subordinates their people their admire admirers re let your conscience bo be what it may let your belief be what it may let your faith be what it may you must obey the tho laws of the land and one of the laws of tho the land was that polygamy was a crime erime and must not be practiced practised here but may it please your honor the decision was rendered and what was waa the result prom from the northern extremity of the territory to td its ita southern limit and from its eastern to its ita western borders the pulpits of the church still thundered out this belief and its faith proclaiming its fundamental doctrine of polygamy they threw to one side the decision of the tho supreme court and rested themselves still upon revelation how did the country at large regard ii does docs not your honor recall now the attempts raised in every pulpit of every religious denomination throughout tho the union and here mr marshall la in about two or three long stride cleared the wide open space between himself and the judge looking his honor Equa squarely rely in the eye as if he really and it and of every overy byci y press of every political shade and color hurl huri fort forth hits its reeo resolution lution that this thia faith falth shall be stopped tha this crime shall be abandoned and put down by law if possible and if not by law that it shall bhail be destroy ed after the grandiloquent ox rather vehement effort on the part of mr marshall ho he referred to the circumstances of the passage of the edmunds bill and read said bill to his honor this bill be he contended caused vacancies in all the offices filled by polygamists but owing to circumstances that arose brose the edmunds bill was not put in force that in consequence of the non arrival of the commissioners the usual election on the first monday in august could not be held this cont contingency lugency brought forth the letter from the judges of the territory to the senate of the united states asking that some further legislation should be provided to legally fill vacancies caused by failure to hold bold an election in august it was true that the judge did not suggest any ady mode by which the difficulty could be overcome they simply asked congress to supply a remedy and what was ww that remedy the hoar hear amendment which amendment counsel contended bakan in conjunction with the ed munds mundi law implied that the offices in question by failure to elect were rii nii nil ell vacant and that therefore the governor in making the appointments to the offices of sheriff and auditor was only carrying out the power given to him by the legi legislation bia tiA in question recess till 2 oclo ocio cb COL merritts col merritt at the outset said ho he should attempt consistent with what he conceived to be his duty to his bis clients to make his hia argument as brief as possible and hla bia labors in fact had been much lightened by the very exhaustive argument made by his learned colleague mr rawlins in this case they had hoped or at least he for one had hoped that in the trial of this case which involved a purely legal argument in a court acourt of justice they had hoped and expected that they would be met mei with purely legal arguments but that ni morning orning and during duning apor por tion of the time the previous day there thero lad had been heen injected infected la in this case a stump speech the learned counsel u upon uron the other alde seemed desserea dess emed emeA to have forgotten agn go aten the forum and thought that doubtless he was upon the hustings taking a part as he could ably and und eloquently as he always did didin in a contest between two parties for the seat of delegate for this territory what the argument was made for he could not for the life of him tell certainly the gentleman mr marshal did not intend to confess the weakness of their side of the case upon the question aa as to the right of a governor to fill vacancies where there were no vacancies nor could he intend to excite if possible passion end and prejudice against the defendants in this cabe case it would scarcely be consistent with his well known character as a lawyer to think that he would do BO so knowingly therefore he could only conceive that his learned friend in this case caie had forgotten the tho forum perhaps he imagined that he ought to have been nominated as delegate to congress from the territory or perhaps he in his dreams looked to himself as tho the future and comin coming 9 benator senator whenever utah should be admitted as a state now in his argument of this case he mr merritt would attempt to argue upon purely legal questions so far as his ability would 1 permit ermit andin and in order to do BO they would have first to consider what the po powers w of the territory of utah were in article four of the constitution of the united states it is provi provided ded aed that the congress of the united states shall have power to make mahe such rules and nd regulations as it m might h see ece proper for the control and dis disposition ot of the territories and other other properties ies iea of the united states under this provision congress had assumed the power and it had long been decided by the highest courts that it had the pow er to prez prescribe cribe colbe a form of government for the territories until buch auch time as they shall have acquired the proper population and tho the other requirements quire ments for admission as forer ign eign a of the nation now under that vialo tf rf r f the conati ign eign a of the nation now under that vialo tf rf r f the conati provision pro aution and fullow ir he tho of congress in io ioard regard ard to 0 uth oth th r terri tonne tories sot of the united states there was passed for the territory of or utah on the ath of september 1850 1650 and organic act being a pari part part parl of the united states stites it became feces necessary tary to provide bome some kind hind cf government and mr merritt briefly outlined the government which had been provided for the territory of utah and the powers belonging to congress and the territorial legislative respectively such bach being the case the question arose as to what were rightful subjects of legislation one wan was that Territory the had a right to elect officers for local government had a right to say how they should be elected and whom elected by the time place and manner of their election and the terms of their election congress iee lee reserving erving to itself the power to elect superior officers such euch as mar War marshal attorney attorneys judges etc one of the rights of the territory alo aho was to elect Terri territory territorial torl al auditor of public accounts sheriffs probate judges judger justices of the peace district constables etc this right would not be denied it followed then as a logical sequence that if the legislature had bad the power to pass pats laws creating these officer the manner of election etc it had bad at the bame same time the right to preb prea prescribe cribe as a to the term of whether it should be two four six or ten years or for life I 1 if f it saw proper everence Eve ever rOnce since the territory had been organized the term of the offices in question had been prescribed indeed so far aa as the auditor is concerned his term wai vai wa to continue for two years and until hig big successor was elected and quail fled the defendants held their offices by virtue of territorial statute it was a well settled rule iule that tha where power was given or conveyed by a Eu superior penion to an inferior that tha power might to bce exercised by the iatter latter with the rame came force and effect aa as if used by the former himself and in this light counsel regarded tha territorial law providing tar far the office of auditor of public accounts the power to create the office had been delegated to the territory by the congress of the united states in the |