Show irwen for W a kapff THE prohibition proposition your morning has baa thus tar fall edito refute any any position your correspondent has baa taken on the sub loot bot of submitting the quest 0 of prohibition hibi tion to the people of utah in consequence of this inability it was driven to the use of personalities and slang lang for its sake I 1 regret such a course which ought never be introduced into the discussion of a suba subject ea of public moment it concluded one of its articles thus cannot the correspondent bring furt forta i something om ething rational in favor of prohibition bit bi tion ionI the correspondent has baa done this abis but he does not claim that he be can bring forth anything that thata will admit to be rational if it be not in harmony carmony with its policy on the a ID point this way may be possible out but the possibility is not apparent the writer has shown that prohibition hibi bibi tion is on the side of the family and of morality and that it Is iq ia no he nas has also shown that mat utah presents the most moat favorable field in america for its iiames ea blish ment and perpetuation such weighty considerations as these cannot be placed outside the pals pale of rationality tiona lity or brushed aside by such flippant B ip expressions as an chup logic whatever that may they con cola reasonable grounds for the basis of a great moral question an attempt has been made to show that representatives of the people art are not dot under obligations to conform to the be understood desires of their constituents unless the latter have gevea swem specific instructions it is difficult to see what great difference jt 11 would make as aa to how a representative obtain obtainer ea an understanding of the Iris wishes hes on any given subject of those toy whom he be was waa elected so long jong am aa he be was with their will it to i a slothful servant who to b be comma dea in all things sl ane delegate 0 g are to the servants ser vanta of the sovereign people while on tais point I 1 ahall take tb the 00 liberti liba ria tf of quoting from your 1 the obligations of legislators and constitution ution trainers framers to the people who elected them form an open question there is no settled rule in law or custom on this thin mutter matter some of the very foremost statesmen of this and other countries have taken the position that they were chosen to legislate for the best beat interests of the nation according to their own independent judgment they have clil claimed med the right richt to vote for measures which their constituents have disapproved lp roved having no desire to misrepresent I 1 herewith also introduce what is intend ed d as am a qualifying phrase now the herald does not say whether they were right or wrong but merely maent ions a well known fact there your after telling that the obligations of the legislatures end od framers is an open sUon ie 12 and that some of them have acted in appo opposition itkor to the wishes of chose who elected them gets geta on the I 1 once enoe and idys says that it merely mentions a well known fact if the object was merely to mention a fact the abe statement could have bare no logical place in the article it certainly looks look as if mention was made of it that it might have some gome weight with the delegates to the constitutional al convention from the 64 rural diet districts riots 11 1 1 it into ii to be hoped that thai ane fact is oot not sufficiently ponderous to in duce them to act contrary to the under aloof wishes of their constituents on the subject of submitting to the people the question of prohibition how do the people of the be rural dis die and their delegates relish the new doctrine recently promulgated through the press preas that they can have nothing to do with the regulation of affairs in the larger municipalities of the state which la Is the u lit ait of government one of the morning dallies dailies not the one heretofore alluded to went so BO far ae to state the people of uintah anu iron counties had no more right to say what shall be the statue of the liquor question in salt lake city than nad bad the me people of colorado do the people of the rural districts endorse teh view it is in moie likely that they will I 1 that sach each part or of the state in id interested in every other patt of it without the rural districts s salt bait ake would out a sorry figure and disappear by the dwindling process profesa esa the people oi 01 the entire state have the right to say may what kind of legislation shall prevail over the whole of it the admission of your ca extemporary temporary of the tact fact that in the rural districts a very large majority of the people would favor avor the prohibition project 01 has already been treated upon it also said in the larger cit chitea es the majority would proba probably oly be against it that Is ie A very large majority in the rural s lot for a probable majority in the larger cities against the rho majority in the larger cities is in only claimed as an a probability and t atje ue general results upon this basis would be a tremendous overwhelming majority for the prohibition project in the territory at large and that is what is she he matter with your two co 00 temporaries but the probable majority in the tae larger cities s is 19 an open question the vote might be close but it would be liable to be on the side of sob sobriety hoty morality contentment and prosperity and tion consequently of prohibition tae salt bait L like ike tribune was wan kind enough to sound a note of warning in t ie following words worde that our prohibition friends may be all loaded when the convention meets we beg to tell them that there is in no constitutional right of voting that that Is a privilege granted by the sovereign power of the state 11 that is in all right in this country what is the sovereign power ane answer is ie the people that power is fully present in the convention tue people are there by their duly elected representatives if there is any intention to convey an idea in the quoted paragraph tant the sovereign people nave have not a right to provide by delaga tion or for an expression of their will on any whatever there here must be a mistake lu it matters have hate not reached that point it Is Is to be hoped they never will wiil the same able journal continued ito if warning thus that further farther there is a great differ A once ence between voting for an individual for an office and in voting whether the he property of some other individuals shall be sequestered Theo alie one neis ia the exercise of judgment or of partisan preference the other goes directly to something which under our form of government cannot be tampered with by a voter or all ail of the voters combined and that la Is the inviolability of a contract expressed or implied unfortunately for this announcement the weight of fact and law snows it under in proof of this the american english of law 12 is here cited that standard legal work says saye prohibitory liquor laws law are constitutional notwithstanding their effect is to repeal or impair charter rights or annul previous contract obligations in support of this author authoritative declaration la sir nine decisions the first of which is in beer co vs to mass 97 U 8 13 25 are cited JOHN NICHOLSON |