Show A LIBERAL TALK SENSE IT is 13 not dot often that we find anything in the utterances of hon B ar N baskin on utah affairs to approve behas he has been so rabid and regardless ees of facts and consequences when attacking mormon nl institutions that we have regarded him as a monomaniac on that question but in his minority report to the legislative council on the bill in reference to polygamy ir made mad on monday we consider his big remarks so ao sound that we reproduce them in here it will be remembered thomp that a bill which to ie virtually a copy of the edmunds act was introduced in the council and i also in the house and referred in each instance to the committee on the judiciary di on monday the council committee reported in favor of the bill and recommended ita passage passage mr baskin a member of the committee dissented and presented the following the judiciary committee to whom was referred C F no 1 a bill for an act to punish polygamy and other kindred offenses fenaes of have reported the same bk back and recommended its passage I 1 do not concur with the majority of the committee and therefore respectfully ask to submit a minority report in which my reasons for not concur concurring diug are stated the sovereign power of the territory is in the congress of the united states slates the legislative assembly is simply an agent of the former body possessing os only such powers as congress Zon congress gress has seen proper to 10 delegate the powers so delegated may at any time be increased diminished or taken away this may be done by congress either in express terms or by implication by the well settled rules of the law of agency performance by the principal before the agent has acted is a revocation of the agents authority and thereafter any ao ae of the agent covered by previous performance of the principal would nugatory be and void the passage of the sets acts of congress which define and alid punish the crimes mentioned it ii the bill was a revocation of the authority of the legislative assembly to pass similar acts this bill should not pass because it would render persons accused accused of its ita violation liable to double indictments by the same grand jury double trials by the same prosecuting officer and double punishment for the same acts in the same court it would impose the burden of giving double bail independent of the constitutional prohibitions double prosecutions and double punishment in the a fame ame jurisdiction are prohibited by common consent in every civilized government on the face of the earth certainly congress has haq not delegated to the assembly power directly or indirectly to interfere with the government of the united states in executing its own laws ther therefore elbre conviction by the territory woud not bar prosecutions by the government and if that were even so as aa is claimed by some then the bar donida doni Dg power of the president would be interfered with the constitution vests the president with power powei to grant reprieves and pardons for offenses offen sea against the united states except in cases of impeachment peach ment the governor is is invested by the organic act with power to pardon offenses against the territory and reprieves for offenses offen sea against the united states until the ded decision islon of the president can be made known thereon now if a conviction by the territory is a bar to a prosecution by the government then a pardon by the governor of one accused of violating this act can likewise be pleaded leaded to in bar to a prosecution by the U united cited states can it be reasonably claimed that congress ever conferred upon the legislative assembly the power to pass a law which would interfere with the president in the exercise of the pardoning power placed in his hands by the constitution and place it in the power oaths of the governor by pardon tp relieve violators of the laws of congress from punishment congress could not do this the pi esi lent alo the power to say ay who shall be relieved from the be penalty of offenses against the united states and fix the conditions and terms upon which pardons shall hall be granted in conclusion mr baskin calls attention to the report of the judiciary committee of the house at the twenty eighth session of the legislature in which similar ground to his big was taken taked and maintained by tle the assembly we refrain from making any corn com ghents upon this bill bili when it was introduced because we knew that our motives would be misconstrued and anything we might say in opposition to the measure would be so misrepresented by anti as to make it appear that we wore were defending polygamy such a charge will not be made against mr baskin we do not think such auch a bill as is now no sought to be rushed through the assembly will be of any practical use nor do we believe the governor would sign it we venture this opinion not from any information obtained from him but because we do not believe he be would aid in duplicating an act of congress or endorse anything which would appear like an attempt to interfere with or assume a power that belongs only to the president of the united states we have expressed our views on this subject when bills of character framed by members of the faction which mr baskin specially re represents pre have been proposed in former sessions of the legislature and we see no reason to change our opinions the existing laws on this matter are ample and it looks like an effort at protesting too much to load our statue books with something that is needless and would either make two penalties for one offense or be practically void and a dead letter |