Show KING MURRAY ATTEMPTS TO REIGN PEOPLE who are familiar with the tactics of governor ell eli H murray will not be surprised at his latest attempt at usurpation his hi overweening ambition and self importance have led him into several follies and failures failures and his anxiety to exercise the one man power which he imagines is biam in herent in the high and mighty office of governor makes him easily susceptible to the influence of the plotters who play upon his vanity to bring about the of their conspiracy having failed to coerce the legislature t into submission to his dictates by confirming his nominees in defiance of f a territorial statute that has been in force for eight years and others for twenty nine years he no now w essays to ride over the laws and the rights of officers acting under those thos e laws by appointing his friends to certain positions and announcing that he will under certain conditions specified by proclamation issue to them commis biens the governors proclamation will be f found in another column it pretends t to 0 appoint appod at persons to till fill the offices of te territorial critor ial auditor treasurer superintendent in of district schools recorder of marks and brands librarian and sealer Seale of W sights and measures these offices were created by the legislative assembly the acts creat creating ig them defined the duties of their incumbents and provided for the manner of their election this is in harmony with an established principle the body that creates an office may not only declare the duties thereof buethe but the manner in which it shall be filled the laws that brought these offices into being provided that they should be till edby by election the two houses of lne assembly is in joint session were to elect the officers these statutes to be found in the Pom compiled piled laws of utah pages 90 to 99 inclusive were duly enacted by the legislature and signed by the governor and u i d have never been disa disapproved P roved b by U congress angress or declared v void by any court they are therefore still in ion torce e with the exception of the section of the law of 1852 2 providing oro viding for the election by the assembly of the territorial auditor and treasurer which was waa superseded by bv the law of 1878 providing lor for the election of those officers by the people at each successive odthe of the legislative assembly those offices have been tilled filled ac cordin tu to law with the exceptions named nanae daud I 1 they were filled by popular election under the later statute until the advent ot the utah commissioners who without any more right to decide on the subject than five commercial travelers to assume judicial functions and ruled that the auditor and treasurer and some other officers could not be elected by the people therefore the then men incumbents have held over in office till now under tile the authority of the law providing that they shall hold office for weir terms and until their successors are elected and qualified ded no one has succeeded them therefore they are still in office and their offIc official tal acts are valid the governor has taken ken the ground for a long time that these offices should be tilled by the nomination of the tae governor and the appointment of the governor and the council of the legislative assembly under section seven of tile the organic act but should we grant that eis bis view of the matter is correct it does not follow that hat he fie has the right to act in the extraordinary tra ordinary and arbitrary manner which has characterized his proceedings in connection with it he cannot compel the council to confirm his nominations any more than president cleveland can force the senate of the united states to confirm his nominations it takes both the executive and the senate in the latter case to appoint it takes the executive and the council to appoint in the former case taking the governors view to be right there is a certain amount of similarity between the two positions but they are not by any means identical and one areat difference isthan while the president during the adjournment of the senate may remove officers and make appointments ad interim bite rim the governor cannot remove any officer and can only fill vacancies arising from two causes namely tile the death or the resignation ot of an officer in whose ap he be has a voice this is very clearly defined in ia section 1858 of tile the 1 revised statutes of the united states as follows in any of the territories whenever a vacancy happens from resignation or death during the recess of the legislative council in any office which under the organic act of any territory is to be filled by appointment 0 of f the governor by bv and w with ith tile the advice and consent of the council the governor shall nil fill such vacancy by granting a commission which shall expire at the end of the dext session of the legislative council the question fuestion is what vacancy exists from tae the death or resi resignation mation of any such officer the answer answer is no such vacancy has occurred therefore there is none for the governor to lill fill he cannot create a vacancy for any cause neither can he lawfully assume that a vacancy exists while tile the de facto incumbents are alive acrive and do not resign he has acknowledged officially that the present incumbents are de facto officers although he denies that they are officers dejure in doing so he claims that the law providing fo for their election is void but lie he has no judicial functions he has no authority to decide as to the validity of a law framed by the legislature and signed by one ot his predecessors ces sors in assuming to declare a law of the territory inva invalid iid be usurps judicial j powers and in to fill offices in which no vacancy exists except such as he judicially dici ally assumes to exist he arrogates to himself extra axce executive autive powers power s and thus goes beyond the bounds ot of official right and official decency I 1 in attempting to appoint these officers G governor vernor murray marray violates both the organic act ae the right to nominate them and d t the lie territorial statute which created the offices if he claims to proceed under the organic act he does violence to it in attempting to appoint during the recess of the legislative council in cases where there is no vacancy oy by death or resignation if he pretends to act under the territorial statutes which define tile the duties of the of officers fibers he does violence to those statutes for they provide that in case of death resignation or other disability of any territorial officer made elective in this territory it shall bethe be the duty of the governor within ten days after receiving notice of the death resignation or other disability of such sach officer to call a special election in the territory or district where suc such h vacancy shall have occurred tor for tile the purpose ot of filling tile the same this is from the law of 1878 which provides tor for tile the election ol of the auditor and treasurer by the people if he I 1 ignores nores that law lie be must go back to twe the laws in relation to the elect election lou of those territorial officers uy the Legisla legislative lve Assembly for or without them the offices do not exist the law creating those offices was passed jan 1 0 1852 and on jan jail 3 1853 an act was 1 as passed containing this this provision when a vacancy occurs in territorial elective offices the governor shall order a special election to nil fill such vacancy thus in his proclamation he be is wrong whichever law he chioses as his authority the territorial statutes make it his duty to call a special election to fill the vacancies if such exist and the congressional statute him authority to lill jill a vacancy vacal n y occurring irom from death leacu or resignation the national law is intentionally f framed for the purpose 0 of f preventing 1 venting the ahe exercise of autocratic power such as governor murray now attempts to wield in his entire conflict he has taken ground under the org organic anle act but when it comes to carrying out his pet projects and paying inythe the role of supreme authority he pays no attention dt to the restrictions of t the tie organic act but to use his favorite phrase becomes a nullifier of an act of congress and thus proves lioves himself disloyal and in spirit a traitor both to the people whom he is trying to bring into bondage and the government and laws which he has sworn to uphold and execute e the persons whom he pretends to appoint have to execute bonds to the approval of the auditor or in some C cases ases of the probate judge this must be done before they can file their notice of qualification and receive his hia bogus certificates certin cates jf if they think it worth their while to tight fight for the empty honors with which the governor seeks to endow them by the nourish flourish of a proclamation and without any appropriation tion of funds for salaries or any other public purpose let them go ahead and see how much of either honor or money they will get for their pains As for the present incumbents of the offices we hope they will have the manhood to stand by their colors to the last extreme and if the people do not back them with every encourage ment and lawful assistance that can be rendered the people will deserve to lose what few rights are yet left to them as Aine american citizens to all constitutional law we expect to submit but to one mans usurpation and arrogant domination never no never |