Show egan egal e gan GAL 1 RULING puling RULING I 1 athe case ease bf of JJ J king ing robinson against t for the ownership i ship of ian lan land d adjoining the warm springs within the nl municipal un leapal boundary of the city cou counsel lisel for plaintiff disputed the validity of the cuych mera Wera ild iid the points raised were argued before the district coul of the ad judicial district chief justlee justice titus presiding 0 judge titus gave the following ruling on the matter for a copy of which we are indebted to his honor this isan Is an of ejectment instituted juby by J kin kinz king robinson against james jamess S i brown eleni henry henvy arnold araold and john fraser for vor a lot of land laud described in the complaint situate without the occupied limits of great salt lake city in the te territory ditmor of utah on the of august the above named defendants disclaimed claimed all interest in the land described in the complaint aberra their occupancy under great sait bait lake alt eity city y and declined to defend whereupon great salt lake laue city by its Us chief officer and attorneys asked and was the case me as parties of or record on the of sep isoo t lie the said city by its attorneys stout snow rani ravi pawling rawling ing and kendall filed its answer denying thenia the material aerial averments aver ments of the complaint as nil fil filed ea in the case averring its lawful occupation of the premises and on ane of the same month th the his replication denying the tho egal existence of the defendant deien delen dant as a corporation 1 T leai igal defect alleged in the plaintiffs replication alla plia T fj a is that the acts ot of the legislature of the tha Territory of ufah for isag 1859 60 00 the charte charter of the defendant were never sub submitted mitte d to the president and congress of or the tilo united unite d c 4 tates 1 as required by the ilie 3 and 6 sections of the organic act odthe territory of utah In lu proof of this tills assertion the journal of tile the I 1 house louse of representatives of the united states for aitio 61 was produced which appeared to contain on inspection no minute of the receipt by that house of lle ile the lie jaws laws of utah for 60 it was insisted on behalf of the tho the transmission of the law laws of utah to the president tand and both houses of congress as pro provided videll by the organic act was vas absolutely essential to that thowana the their submission to the tho house horse of representatives as its thus shown by IM journal avoided the charter of the defendant ten fen dant daut great salt laue lake city which was one of the laws not thus submitted lett left the said city without any corporate or capacity to defend the case ease and that judgment ought therefore present to bo rentie renile red reil fort for the he plaintiff lii lit the case question thua tho pre for solution may be stated slated as follows 14 iii the transmission inis sion of a law of utah to the president and cengr congress m of lle ile the lie united states state ni any part of its essence and this question may be resolved into two others as follows la Is the legislative power powen of the territory of utah adequate to complete lo iv i Is that which results from an exercise odhus power without any further or other legislative action a law the fourth section of the organic act ot of utah brov provides amon among of other er t things I 1 legislative ti e power owern owera and authority i rity of the said Terri territory tor Y shail ghail be vested in tn the i governor governor and legislative e assembly the sixth section of the same act also provides among other things that the legislative power of the said territory shail shall ex tend to all Tight rul ful subjects of legislation con with the constitution ot of the united states and the provisions ot of this act aci 11 to tue the exercise ot of thi power there are a few special limitations as in reference to the primary disposal of the soil sell tax taxation atlon of the lands of non residents and ana the jurisdiction of the supreme and district courts the congressional gyant krant of general power to the legislative of utah as thus ap appe ears arsby by its statement Is complete and limited only by the rightfulness of the ano ana and aua this power which is thus diminished by llie the abstraction of but few subjects Is entirely complete over at ail all I 1 wh which ich remained an act or tha the lle of utah requires no further or otner other exercise ex erciso or power powen to inako mako it valid vali dlin in bIn binding bendid din dID over our onu territorial acts t the lie l edera government lias has always retained its right of digap r in the organic act of every territory it has been made mode requisite for some territorial orul orUi of ticen officer to transmit or submit the legislative acts of his territory to one or more branches of the federal government by the ordinance of 1787 1797 far for he the government of the territory merri Terri tori torl of the united stales Y morth west of the cufr rinn ohio it was required that the territorial secretary should I 1 transmit authentic coples copies of the territorial acts acta and proceedings eveny every six sim months to the secretary of congress this was of course under the confederation Congre congress sf however under on oar our present resent constitution by its 11 act of an aug 71 L yato to provide for the government of the hame kame territory made it obligatory on the governor thereof to give such information and to mau rauka such sueh communication to the tho president of the united states aiwas required to be given nua nud made mado under the ordinance of 1787 11 it was then as it now is the duty of the president under art 2 sec see 3 of tho the constitution of the united states to give to the congress any material information in his possession rega regarding arding r the territories as well as other subjects of public interest territorial laws were thud transmitted indirectly to conw cong congress gress tarou through ii li 11 tho the president direct for many years territorial laws were made I 1 transmissible to the president alone by tiie the act of wisconsin however one copy of its laws was required to be sent to the president and two copies coples to tho the speaker i or of the house of or representatives represent Re presen oatlie of the united states for the use of Con congreve congress krev grev on or before the first of december in each cacti year such remained the practice under the territorial terris organic act acts s till the act ot of congress passed paned aug 14 isu ISM for the territorial government ot Oregon by that and all ali organic ganic territorial acts since on one c copy of the laws ot of each territory Is required to be transmitted to the Preal president dent two copies to the president of the senate renate and two copies to the speaker of the house of representatives or of the united states on or before the blixt of december in each year after these territorial laws are thus transmitted to the executive and legislative branches brandies of the federal government r not noo p further or other legislative le action 1 Is required to give them validity limity tiley they result full lull formea formed and operative from the action of the territorial legislatures le gisi gisl attires and only if IV by congress disapproved they shail ahall ba be null and of no effect it was for some time contended that this formula of disapproval made some positive act or recognition re n 1 of congress necessary to give validity lid ltd cay emy t to 0 these territorial laws even yet there meems to be a vague impression that thee these laws possess only a qualified qua liVed validity or efficiency until some come vp action by the tie federal oo 00 itself by no rule of legal construction however was ever ver such conclusion justified tho the organic act of the territory of utah declares concerning its laws that if disapproved they shall be null and of no effect disapproval and annulment are here the equivalents in legal construction as in a mathematical axiom if the same or equivalent expressions tre tee sessions res be added to the same or equivalents the results will be equivalent if therefore we add the er expression not to each member of the equivalent expression thus employed e i in the organic act of utah we have this r result u t ing equivalent eTui equivalent valent 11 and if ir not bildt d s M ored shall not 11 be e null and af no effect this JL X expression thus resolved shows with demonstrative certainty that no action is required by congress to give validity to a territorial law of U utah tali tail precedent concurs with construction to the same conclusion american insurance co cot cov r canter I 1 peters the united states v the miners ban aque 12 howard 1 territorial laws hadean initial and temporary lut hut complete operation before they reach the president and congress and afterwards till if ever such sueh has always been their practical effect sustained as it 11 thus Is by construction st and precedent territorial laws therefore re resu result t fult full it I formed and complete from the legis legislation tion of the territories trans transmission of a law to the president and congress Is therefore a mere extel nal nai requisite nui qui site and not an internal or constituent element of the law itself one thing Is never essential to any other thing unless it is inherent in and by such inherence makes its nature wholly or partly what it itis is essence is some necessary q quality u allty of tile the thing in which it inheres which be being I 1 g eliminated from the thing by su such sueh rt ellman tion makes it something different in its nature from what it was it may be added that the essence of any given thin thing never assumes such diversities of dormand form and magnitude as has this transmission of the laws of the territories to dif dit different departments of the federal government by b different dIr territorial off omm meers officers at different tj times ine yue under their various organic laws tz transmission of a utah law to the president and congress Is no part of its essence ft it Is nothing more than notice to that government ern ment of what has been done by these territorial governments of congressional creation barner v porter 9 0 howard hunt hunta v baloo 1 howard and this notice is it is submitted sufficient wherever it fully informs informs congress of what ailiese these territorial laws are full 11 literal ral rai notice under the tile organic law of utah is the transmission of one copy of its IM laws to the president two to the Sp speaker ealter of the house of representatives 7 1 and two copies to nie hie president of the Sena se na te teof af the united states on or before belore the first of december of each year tills This satisfies all the exigencies of the case notice of the utah laws directly toan to any oneff one of these three thre 0 element elements of the federa federal government would be indirect notice to all for the I lesi lesl resident dent would communicate ca t 0 tile 1 requisite information of this territorial legislation to congress in tile the absence of any other chau chan channel nel nei and either elthe house of congress upon notice of anything in this territorial legislation demanding rectification would communicate it to the other and ultimately to the president himself III in the form of a remedial remeda a I 1 bill for their joint action it was probably for this reason that partial notice to the president alone for instance was deemed sufficient in the earlier territorial organizations it Is not necessary to say what would be the legal consequence of omitting altogether to transmit the laws of the territory of utah to the president or either bouse house of congress bach C I 1 Is not tue the case presented the allegation and the evidence are ire thadna aan entry is tou ion round found nd in the house honse journal 0 1 glo gio tho the receipt or submission or of the U utan utah laws s for 60 which contain the charter orthe denend defend ant the presumption la Is that public officers do their duty whatever that Is martin maxtin v mottu mott 12 peters h 33 this presumption exists in regard to the transmission of the laws of utah to the president and senate either elther and much more both of which would satisfy the requisites of our organic act by informing the federal government what those thone s laws were and what if any anything thing v needed rectification it is impossible to say that tills this presumption Is overcome by showing the failure as an fn in the present case of or only one branch of a triple notice when from anything that appears either or both the other branches or means of notice might have succeeded and been effectual the rule of relative probabilities corlius pre esse erse contra cartem partem d does oes not lle lie ile lie against a yn A the territory of utah for the secretary who many if any one must have caused the failure of notice to the federal government by his omission to transmit the laws of utah was not of territorial appointment or control the presumptions of law and the probabilities C of the case combine in the controlling conclusion ion fon that congress directly cel oel c vebe laws of for 1850 1859 60 containing t the charter of the defendant great salt lake C city by means of the copy require required dby by theor the organic 9 act of the territory to be sent to the president 1 or by means of the two copies required b by the same act to be sent to the senate of the 1 united united states it Is isy doubtless true that the law when once determined is to be enforced without r regard rezard t to consequences in the question presente egargo ever in which the law is more or less of circumstantial ascertainment the damage which ml might ht result from lea iea leaving ving a city such ns as great sall salt lake filled with a population more or less discordant without a charter forets restraint may and ought to tobe lobe be seriously considered cun con se sequences are axe always to be regarded in deter I 1 what the law lav is these ue n t ia considerations it has be been m maintained by the ablest jurists jurist a are rn tl tile le very foundation of equitable jurls juris jurisprudence pru and of that large largo class elass of cases which rest upon the maxim laws of or prescription and limitation owe their auction sanction a great meas measure to a con consideration considers sIdera aon uon of the injurious consequences which would arise from denying their operative existence iam lam I 1 am therefore unable to declare the ce harter charter r of great salt sall lake city null and void because there is no mention in the house hou nou se journal of of the utah legislative acts for 1359 W M when such charter was enacted several subordinate and remote questions were presented in the present case thedis the dispo 0 sI tIon however which 13 4 thus made of this nn tn mediate and paramount one renders their consideration not only unnecessary but supererogatory r th the contrary to the conclusion thus thu announced was urged for the plaint lir by his counse counsel with marked ability and energy I 1 am constrained however to overrule the lie plaintiffs replication and require him to takee take issue in the present case upon its merits this opinion Is thus sn submitted taij eted in writing tID that it maybe maybo may bo reviewed an I 1 rectified reclined by a higher trl irl tribunal bunal bunai if erroneous mp MRS ups SMITH is pre prepared parea to sup supply pl y ladles in uie hie and fancy goods goodis line she adver tiresa complete assortment at moderate prices |