| Show THE LAWS AND IT THE ane I 1 lla lia 11 1 1 commissioners COMMISSI republish WK WE publish in another column the opinion of district attorney dickson on the questions propounded to the utah commission by counsel for the peoples party we have published the brief presented by the latter through F S richards esq and also the reply of commissioners ramsey and carlton wo we will now make a f few evv remarks on the attorneys opinion the answer of mr dickson diak son must not be viewed as un an authoritative document it is not a judicial decision it is simply a lawyers opinion it is valuable therefore only so far as it is correct and then but as the view of an official who is supposed to be on the federal side of an argument in which federal officials are against the people of the territory it has the merit of conciseness and ana perspicuity it deals with the two questions at issue in straightforward and manly style an ordinary mind can understand his conclusions clu and also the reasons he advances for them lie ile does not resort to casuistry nor attempt to confuse by ambiguous language mr dickson concedes that the presence on n a ballot of the names of officers not to devoted be voted for I 1 does not and cannot nullify or vitiate the ballot so as cers are voted for this is the position we took last year when the commissioners we decided otherwise and issued their order preventing the counting of such ballots and as we have all along maintained it is an accord with legal precedent and harmonious with plain common sense on the question of the election of certain territorial omm off meers officers mr nir dickson opposes the argument of counsel for the peoples party he contends that the territorial TerritT ial lal officers are not elective but must be filled by the appointment of the governor with the legislative council there is nothing bothin no thin new in this it has been argued man mun many times mr dir dickson lickson relies for his opinion entirely on the seventh section ot the organic act lawyers differ in their constructions of the clause up on which he depends ancial though the supreme court of the united states has not con the directly yet it has indirectly pronounced against mr Dick nick sons interpretation pre tation all this and other sim ilar arguments have been set forth in the brief of counsel for the peoples party as well as in numerous articles in this paper and may be summarized as follows lows din Dlf different ferent opinions existing as to the exact meaning of the clause in the or organic manie manic act relating to other offices than district county and precinct offices and the legislature being endowed with power over all rightful subjects of lew leg legislation 1 I except certain specified and enumerated subjects among which those offices are not mentioned the legislature after creating certain territorial offices provided for tor the means of filling them thein according to a principle generally acknowledged that the power which creates an office mar max may provide for the manner of filling it the w e laws a v s provid provide ing ims for fa filling these offices created by the legislature were duly signed b by Y the respective governors in office at the time and have been actually in farce for many years Cong congress I 1 ress tess has s not disapproved of them the officers elected under them I 1 have e acted in their several capacities the supreme court of the united states has sustained some of them in their offices after the very question now in dispute was sprung as an objection jec tion the clause in the organic act althou although h not the direct subject before the court was cited and the court ruled against the view of it taken by those who cited it 11 which is the same vie view vier v now taken by mr dickson and as he admits the court plain I 1 ly stated it did not think the objection I 1 Lii ril sound 11 the court alsa gave its opinion that the acts ol of th the e leb leg legislature wisia cla cia claimed luied to be in con eon conflict flicht with the organic act had received the implied sanction of congress and were therefore valid and the court further laid down the principle upon which the powers of territorial legislatures must be construed namely the theory of leaving to the inhabitants all the powers R of self government consistent with the supremacy of national authority and certain fundamental principles established by congress but su supposing posing for arguments sake that mr dick dieu dickson sons s opinion Is correct and that therefore the views of the utah commissioners are arc sustained by the views of the district attorney what of it what does it all amount to simply that the ideas of these gentlemen coincide that is all neither the the attorney Is clothed with judicial power their opinion Is but an opinion it lias no more lawful effect upon an election than the united views of any other six persons of equal intelligence and information the comm commissioners iss loners if assisted by a dozen or any number of district attorneys have no lawful authority to decide upon the validity of a law their powers are clearl clearly ana sharply defined denned in section nine 0 of the edmunds act there Is no other statute or part of a statute that relates to their authority at the election in august they have no powers whatever e v e r it is not true that they have inthe the control of elections in this territory the edmunds act so far as this election is concerned simply gives the commissioners power 1 to appoint proper persons todo to do all things in regard to elections that the elec elee election fion anS and registration officers used to perform who were elected by the people the registration officer now gives notice of the election instead of the county clerk lie ile has no more right to ludge judge who is to be elected than the county clerk had where did the clerk obtain his information about the officers to be elected from the laws of the territory no man or set of men had the right to forbid him to ma make ke out the notice required by law man moan or set of men now have tile the right to forbid the registration oell officer to doso boso do so lie ile is required by law to give notice of an election for those thos of cices which the laws make elective anion among them are certain territorial offices if the county clerk had bad given the notice they would have been included clearly they ought to be included now but the commissioners said they were not to be voted for exactly and that is where th they ey put their foot in it they had no authority to do anything about it if they had please point out the clause in the law that gave them the power ower it cannot be found they M had no more right to pronounce upon it than had a dry goods firm or a quintette of farmers or mechanics it mav be said the commissioners believe the laws for the election of territorial omm off meers officers are void we do not dispute that but we do dispute their right to decide the question we say this Is a matter for the courts to settle not the commissioners we say they have no ri night hight ht to pronounce upon it at all they have neither the right to decide whether the local laws are valid or to instruct the registration officer as to their validity and we challenge proof to the contrary we say they have no lawful powers but those conferred upon them in section nine of the edmunds act and neither attorney dickson nor any other le leai legal leal al light can show up iw the least color of judicial authority in that section the gentleman has not pretended to do so ile he has prudently confined himself to the two questions propounded to him and eyen even elen if his views are entirely correct the commissioners ners remain where they were they have assumed a position for which there is not a line of law jaw or a shadow of authority it maybe may be asked why then pay any attention to them i the answer Is the election officers receive their appointment f from rom nom the commissioners and will be guided elded by their instructions law or no law and the people are at present lef iet t to a certain extent powerless time ir and the courts will no doubt put these crooked matters straight meanwhile the people should take a wise course be ready to perform their duty as citizens keep up the unity that now prevails be raa ready UT y to contend la lawfully fully for their rights and alws always goto go to the polls on election days to vote for such officers as are arc nominated on the peoples Te oples ticket |
