| Show WILL THE VOTES BE COUNTED auit 0 UK readers are aware that the utah commissioners Commissioner shave have ruled that territorial officers are not to be elected by the people but appointed by the governor and of Territory the ry that they have no authority to pass upon this question and that it belongs solely to the courts is as certain as anything I 1 can be that is in dispute but as t the he election returns are practically though not legally under their control endeavors to obtain justice from their hands by every lawful means are proper and imperative the co commissioners emission base their decision as to the appointment of territorial officers upon a construction of a clause of seven of the organic act with which many lawyers differ that act was a approved roved sept oth 1850 but congress ftp has s since passed a law in reference to one class of territorial officers that khafre re dieves them from the operation of the disputed clause in section seven sev e n of the organic act supposing sup the view ol of its deanin meaning entert entertained dined by the commissioners to be correct T this his point has been brought to the atten tion of the utah commission very clearly by one of the candida candidates testo 0 the office of commissioner to locate university lands who was elec elected tedon on the ath dinst we here append the correspondence effice office of chas W stayner attorney at law SALT LAKE CITY an aug 4 to the hon ron commissioners for utah salt lake city dear sirs As one of the candidates for the office of commissioner to locate university lands and in behalf of the other candidates for said office p falce I 1 would respectfully call your attention to the following grounds on which we claim that tile tiie votes or ballots for said office should be count counted ed as cast at the general election now being held in this territory the act under which said officers are voted for was approved jan 21 1859 and is entitled an act to provide for the selection and location of a quantity of land equal to two townships for the establishment of a university see compiled laws p 1 and is s based upon an act of congress entitled an act to establish tile the office of surveyor general of utah and find to grant land for school and university pur purposes oses 11 approved february 21 1835 1855 re the act ot of congress above re referred berred to is found on page volume ten of the statutes at large and expressly states that the lands so appropriated rokia rovia ted for university pur purposes poses are aoe to e selected under the direction of the legislature referring to the legislature I 1 of utah territory this special I 1 act of congress was passed hassed la in I 1 1855 1835 I 1 over five years subsequent to the pas sage age of the organic act hence its provisions ns are not in any way affected by any construction upon section seven of said last named law according to the language of the act of 55 the territorial LeIs legislature latu re had bad tile uie power to express and declare such means as they deemed proper for the selection of said langsand land laud sand saud sand they wisely gave to the legal voters of the territory in their act of january 59 the right to express at the polls who should be their choice to fill said board of commissioners said officers have been duly elected and counted every year since the passage of the act until the ruling of the ilon hon commissioners miss loners ners last year vear classed them with other territorial off officers leers and ordered the votes or ballots for said officers to be thrown out of the canvass the legality of the acts of these land commissioners miss loners ners has lately been declared by the lion non secretary of the interior in his letter coln coin corm lr G 11 of june 1883 addressed to stayner simmons of this eit cit city he refers to said university lands an and tates states that the location thereof has been declared valid and leaves the disposal of them to the legislature according to said act of congress authorizing their selection and v As will be seen from the above statements and references to which the attention of your our honors is respectfully directed the said officers a are re acting under special laws passed since the organic act of the territory and strictly in harmony with the views and intention of the government of the U S their election is a matter of absolute necessity from the fact that unless so elected electea under the statute quoted and the law of congress there is no other method prescribed prescribed for choosing 11 them there ther c is s not a line itne of law which can be apply to their case except the acts above given which provide for their election on he first monday of au august in each year T they h le can cannot not be appointed as their their thein acts would not be valid to change the method of their selection nom now now in the presence of the conclusive legislation on t the e subject would be to endanger t the titles to large tracts of university lands and jeopardize the interests of many honest settlers upon the same the lands lauds now selected are duly reserved by the government and the title is ui undisturbed disturbed as long as the same method which has prevailed and which has been passed upon by the highest law authority in the united states is continued and sustained in our elections but there is no telling what complications complications may or may not arise if t these uese lese methods are changed on these grounds which are both legal and equitable we would respectfully ask that the ballots cast for said office dt at this election be counted and that the duly elected candidates be commissioned according to lawin granting a favorable ruling upon this application we know that the hon commissioners will be filling the utmost technicalities of the law and u doing justice besides t to 0 m many any interested ested settlers upon the p public ul alic lands in this territory very CHARLES W STAYNER in reply to this communication mr nir stayner received the following from th the sr secretary detary ol of the commission most of the members of which are absent OFFICE OF THE UTAH COMMISSI commission Oy SALT LAKE CITY utah aug ath 1884 chas IV stayner esq salt sait lake city I 1 utah sir L I have the honor to acknowledge the receipt of your communication of aug ath 1884 addressed to the utah commission Commissio nand and to say that the same will receive due consideration by the commission at the proper time I 1 a am in sir very respectfully your obedient servant beety beefy of utah CO corm comm we do not see how or on what pretext the commission can cau claim that the votes for these territorial officers elected under the provisions of the act of congress of feb 21 1855 and of the utah legislature of january 21 1857 should not be counted the whole matter of the selection and aid disposition tion of the lands in question was p placed aced by congress under the direction tio of the legislature the offices created by the assembly for the purpose bosq of loc locating atla atia the landage landSi ayo ato to be belled filled by tha thea vo y the va ae territory rito so in ene one enle enie ase sense mense use tH dire yire jire terri 1 choi ctol officers e ir S url irl buu but f they forin foria no part of the territorial wo government v and are simply a board chosen for a special purpose to transact business the whole of which is edby congress under the direction of the legislature amore A more ded def definite duite luite answer to the comprehensive plea of mr nir stayner will b be looked for with much interest I 1 |
