Show THE SALT HAKE TRIBUNE SUNDAY MORNING NOVEMBER 18 lMf irst Their History Is That of the People as They Met Hardships of Frontier Existence Se- ' 1 ''Lf ’ V - “V at " 5 t Rf - ' '' t - ’T'aSt'sir i L-i- v L: £ yK v? By ELINOR YOUNG N laws all pioneer THE are of an outgrowth of the necessities imposed by a frontier life The story of the law in Utah is the story of its people as they met the hardships of a frontier existence and solved the problems it presented The first law of Utah provided for the construction of roads so lumber could be brought from the El one T ber v j V 1 The old Counrll house In which many of the laws of the Territory-made The building was destroyed by fire In 1881 It was located west corner ot Main ndSouth Temple streets where the University of Deseret was opened In Novemsketch by Mahonrl Young ( John Peek from 1850 " ' jv b'h HP '4 f 1?i 's k f - Ing communities who came to Salt Lake City for religious coplerences and who brought with them at such times their cattle grains and other supplies with V'hich to pay their tithes to the church It communication were to be made less difficult and produce were to be more safely conveyed in a shorter length of time the building of roads was imperative On January 15 1850( the general assembly of the provisional state of Deseret ordained that a state road commissioner should be elected and whenever the assembly should grant a road from one given point to another "It shall be the duty of the commissioner to institute a speedy survey for said road on the most feasible and practicable route having special reference to public convenience utility and durability showing distances altitude of hills soils rivers ravines and all such like formation relating to convenience and ex” pense Jilany roads were built under the supervision of Joseph L Heywood who was the first road commissioner These roads showed evidences of unusual engineering and mechanical skill The majority of the Mormon roads have since been recognized in the west as the best thoroughfares with the lowest levels Two years later when it was found to be the simplest and best way to defray the cost of so many new roads a toil system developed Like many of the first legal statements the following announcement was Riven from the church pulpit during religious and political gatherings “The road commissioner is re- quired to locate a road from some convenient point on the east line of Great Salt Lake City thence easterly upsthe Big Kanyon creek thence ovec the second mountain 20 miles east of G S L C and extending to the farther end of East Kanyon and to erect one toll gate to remunerate the improvers of said road until they shall have collected 100 per cent on the appropriations “Toll For every load of wood timber coal rock or lime drawn by two animals — $025 “For every such load drawn by four or more animals each — $0374 "For every wagon or carriage drawn by two animals each — $100 “For every additional j)air of animals to such wagon or carriage— $0 50 ' animals ("excepting sheep and hogs) each — $010” An act regulating the passing and meetihg of teams on the “public high-- " ways" stated that "Whenever it is necessary for a fast travelling team to pass a slower one it shall be the duty of the teamster of the slow team to give the other t convenient opportunity to do so "Loose 1 Above group show officers of the provisional government of the State of Deseret and Jedediah M- - Grant the first mayor of Salt Lake City Brigham Young governor Is In the center Upper left to right John Taylor associate justice Heber C Kimball chief atjustice Mr Grant Daniel H Wells torney general Lower left to right Albert Carrington assessor and collector Horace S Eldredge marshal Newel K Whitney treasurer and associate justice Joseph L Heywood surveyorWillard RichBelow of highways ards secretary of state Trees In front of the T C M I which were planted for the purpose of Each tree was beautifying the city The row of boxed for protection hitching posts was the result of a law which provided for the safety and comfort of the horses derstand and few in number” He said "Laws should not be too frequently changed if you would enjoy a peaceful and permanent government I am fully aware that matters of local and personal interest require alterations and that in a new country like this where enterprise development and progress so characterize the people legislation should keep even pace therewith and not be bound down by contracted and selfish views old and exploded policy or traditional errors Let a spirit of freedom and lib- - ' erality pervade all our acts and an enlightened and highly practical course of legislation will surely be the result of our deliberations" Mention has been made of the first law of the provisional government which provided for the supervision and building of good roads so timber could be more easily obtained from ihe mountains The necessity for good roads was also felt by the people of the surround- - Imi-nentl- y Lfl f 1 £ A H O Utah were the south- tice bridge built by Henry Grow who was called to Utah by Brigham Young to build mills and bridges in the community Mr Grow also built the roof of the tabernacle at Salt Lake City which is patterned after old suspension lattice bridges The following year a resolution was made that "No person or persons shall be allowed to ride or drive any animal faster than a walk ot Jordan river on across North Temple street And be it further resolved that no person or persons shall be allowed to crowd a herd upon said bridge nor drive on when another herd is already tjiereon Any person not observing these resolutions shall be liable to a fine of $5 and pay all damages" The ordinance of February 28 1850 which established the University of the State of Deseret filled a great need of the community because of the numher of young men who had left their homes to come west and who desired to con- tinue their schooling Although a religious motive created the inspiration for the youth to attend university the desire to advance in the knowledge of science and literature was also evident Two years after the founding of ' the university an appropriation for the support of common schools was asked of the United States congress: “Feeling a deep interest in the promotion of a general system of education and the general diffusion 'of knowledge among all classes and laboring under the difficulties incident to the settlement all new territories and especially those far removed from tha coptines of civilization and feeling to the gratefulvaluable general government for library furnished our territory and having no resources on which to base the establishment a school fiyid respectfully pray your honorable body to grant the sum of twenty-fou- r thousand dollars together with such additional spm as your wlsdorri and liberality may see proper to bestow which shall be forever applied by jcgisla-tur- e of said territory to use and support of schools" A the school grew In number snd the equipment ot the buildings and materials became less adequate the seed for a division into districts developed- and soon after tho beginning of the school year in 1854 an ordinance to “ecirihecnahge waj passed Improve- ment for school purposes wre gov- erned by the vote of the people and assessments were levied guch purposes From this timeto the present an educational system which is recognized throughout the country has been developed by the people of Utah On January 9 1851 8n ordinance to incorporate Great Salt Lake City was approved by the city counci 1 under Governor Brigham Young Jedediah M Grantspeaker of the house of and Heber C Kimball speaker of the senate Two days later the city government was organized and members of the city council toolc their oath of office filling the various positions Jedediah M Grant became the first mayor and was aided in his duties by four aldermen and nine councilors Robert Campbell was made the first city recorder on the same day Many years later when Julian Street was a visitor to Sait Lake City he saw the results of a well planned Speaking o£ Brigham "Young Mr" Street said “He was a powerful ing and very able man The leader of the Mormons knew far better than most men of his day how a town should be laid out The blocks of Salt Lake City are rectangular the lots are large the streets s re wide and admirably paved with asphalt almost all the Houses are low and stand In their own green grounds snd perhaps tha most characteristic note of all is given the poplars and box elders which grrow every- -' where not only in the city throughout the valley” Whether or not Mr Street knew that many of these trees had beer planted as the result of a law passed ira 1851 he did realize that their presence added much to the beanty of the place Brigham Young felt the desolateness ot this wilderness of sagebrush With an ev for the future he declared ttxrough this act that shade trees were a necessity that beauty was one of the needs of this locality: "Be it ordained by the cify council of Great Salt Lake City every holder of lots within the bounds of to et said cilv are nut in front of their lots such trees' for shade as shall in their opinion be the best calculated to adorn and improve the city and to place said feet trees not to exceed 18 and apart except for gateways ' Also 17 trees said feet from the place line of said lot or lots upon a street line with the sidewalk and also box or otherwise secure said trees from injury and in case of failure thereof the city corporation shall have the right to set out said trees at the expense of the owners ot said lots" In the early ’50s each family bad its own cattle and pastures near tho house were used in which to keep their cows horses and oxen Fences were built tn rnclo-- e the lots and inspectors appointed to ire that the fences were kept Iq proper condition A notice defining lawful fence save that substantial poles f four and feet high must b the the of ' the ' of that the the a- for - fcf- ! i of on mumci-qialil- y Salt Lake City’ first fire wagon above which was used by tho "Deseret Hook and Ladder company No L” I i iwYOMlNG L-- If it can be done without endangering his own And whenever teams of any 'VU i ' Chtytnnc ' JLm rock-boun- ' Me - ’p's - Into '4- V and Solved the Prob-lem- s This Existence Presented mountains for the building ot houses and the furnishing of fuel and the second law expressing the intellectual needs of the people established the University of Deseret the first university west of the Missouri river The laws of Utah reflect from the beginning the corporate life of the people which has made them what they are today Within two years after the pioneers entered the valley of the Great Salt lake plana were made for the drafting of a constitution for the state ’of Deseret On March 8 1849 a constitutional convention was called addressed to "all the citizens of that portion of upper California lying east of the Sierra Nevada mountains" A committee of 10 prominent pioneer leaders was appointed to draft the constitution This committee consisted of Albert Carrington Joseph L Heywood William W Phelps David Fullmer John S Fullmer Charles C Rich John Taylor Parley P Pratt John M Bernhisel and Erastus Snow Three days after their appoint ment Albert Carriglon head of the committee presented to' the convention a comprehensive constitution which was unanimously adopted The preamble ' read: "Whereas a large number of the eitizens of the United States before and since the treaty of peace with the republic of Mexico emigrated to and settled in that portion of the territory of the United States lying west of the Rocky mountains and in the great interior basin of upper California and "Whereas by reason of said treaty" all cjvil organization originating from the republic of Mexico became abrogated and "Whereas the congress of the United States has failed a form of civil government for the territory so acquired or any portion thereof and “Whereas civil government and laws are necessary for the security peace and prosperity of society We the people da ordain and establish a free and independent government by the haine "of the state of Deseret” After this constitution had been ratified a "memorial" including a draft of the document was sent to the United States congress asking that the territory be made a state of the union California applied for statehood at the same time and was admitted in the union but-threquest of the people of Utah was refused At that time the question of slavery was one of the foremost problems of the United States which was then equally divided into 15 free and 15 slave states Whenever newly settled territories asked to enter the union the question of balance Of power between the north and the south was renewed John C Calhoun in his last speech before 'congress prepared on his sick bed objected to any part of the west entering the union while a series of propositions friendly to both sides was presented by the great "compromiser Henry Clay Daniel Webster was in favor of letting California and Utah enter as free states if they must errter at all but he did not believe that any good would come of this western country: r "What do we want” said Mr Web- ster “with this vast worthless area? This region of and wild - beasts of deserts savages of shifting sands and whirlwinds of dust of cactus and prairie dogs? To what use could we ever hope to put these great dev arts or those endless mountain ranges impenetrable and covered to their very base with eternal snow? What can we ever hope to do with the western coast a coast of 3000 miles cheerless uninviting and not a harbor on it? Mr President I will never vote one cent from the public treasury to place the Pacific coast one inch nearer to Boston than it now is” During the interval while the people of Utah were waiting for the United Stales congress to act nn their request a provisional government was organized with Brigham Ynung governor Willard Richards secretary Newel X Whitney treasurer Heber C Kimball chief justice John Taylor and N K Whitney associate justices Daniel H Wells attorney general Horace S e marshal Albert Carrington assessor and collector Joseph L Heywood surveyor of highways and the wards were elected magisbishops of the '' trates On September 9 1850 an act to establish a territorial government was drawn by the United States congress The act did not officially reach the people of Utah until one year later in the autumn of 1851 The news came as a surprise to those who had expected this region to be admitted as a state instead of being "rreated into a temporary government by the name of the territory of Utah” The laws passed by the legislative assembly of the provisional government continued in fnrre under the territorial government These law were interesting and unique Brigham Young believed that law should be “plain easy to un- - n - jMt s' ov- - (hawing the boundary linea of the aisle of Deseret It wa this territory which the peeple date but which request was refused by the congress of tho United fitetea of Utah asked to be made kind meet each shall turn to the right so as to give the other half of the traveled part of the road w henever it can be done with safety’’ An ordinance was passed requesting the inhabitants to clear public road of any obstacles which might hinder freedom of their use: “To prevent the encumbering of the streets or sidewalks lanes alleys and public grounds with carriages tents wagons earls sleighs horses or other animals slerie wheelbarrows boxes lumber timber firewood posts awnings signs adobies or anymaterral or substance whatever To compell all persons to keep tha snow aud ice from the sidewalk in front ot tha premises owned or occupied by them” It was not uncommon for a citizen who had broken any law whatsoever " to pay a fine “or from one to five day hard labor on the public highway" Whether or not a misdemeanor had occurred every male citizen “over the age of 18 years end under the age of 50 years” was required to work at least one day a year improving the streets “or to pay to the treasury $150 to hire a substitute” For the comfort and safekeeping of the horses mules or oxen the citizens were "compelled to put up posts in front of their lots to fasten their horses or other animals” On December 70 1857 an appropriation of $1000 Was asked ot the legislative council "to aid in the construction of the Jordan bridge npw under course of erection on First North Temple street said city” Thu was a suspension lat l by but -' ' sr that hereby-require- - one-hal- (Continued on Followlni - ' ’ ' |