ers by Congress came with the Or
ganic Act of the Territory of Mis
souri, and in this case the power
to prorogue the assembly was tak
en from the Governor. Professor
Farrand of Yale, an authority on
legislation for government of the
Territories, says that at this period
(1S12) “there had been many com
plaints previously in the Territories
that the powers of the Governor
were too great, and Congress had
often considered the advisability of
restricting them, but nothing had
come of it before."
The Organic Acts of the Terri
tories from 1789 to 1836 had as a
basis the Ordinance of 1787 of the
Northwest Territory, but each Act
contained some provision curtailing
the powers of Federal officials and
making Territorial government se
parate and distinct from the Feder
al government in their administra
tive features.
With the year 1836 came the Or
ganic Act of Wisconsin, and this Act
was a departure from the old Or
dinance of 1787. The Wisconsin
Act was the model for future Terri
tories and is the Act upon which
our Alaska Act is based.
The Wisconsin Act provided that
no one holding commission under
the United States, except officers of
the State Militia, should be eligible
for office under the Territorial gov
ernment.
In 1839 the Legislature of Wis
consin and Iowa were authorized to
overrule the Governor’s veto, and
the Governor was compelled to re
turn hills within three days. Thus
by gradual advancement in self-rule,
the powers of Federal officials hr- *'o
been curtailed throughout the his
tory of Territorial government.
The Territory of Utah was organ
ized in 1851 and one of the first,
legislative acts was to provide for
the election of a treasurer and an
auditor “by joint vote of both
Houses of the Legislative Assem
bly.” It is clear that the Utah Le
gislature imposed no duties upon
the Federal officials, nor is it re
corded that any other Territory did
so. All powers ever exercised by
Federal officials in the Territories
were those authorized by Congress.
In Utah the efforts of the Legisla
ture were directed toward placing
Territorial powers in the hands of
men selected by themselves, just
where they should be. The first
memorial passed by the Legislature
of Utah, just seven days after con
vening of the first assembly, was
addressed to President Fillmore
praying for the removal of the Se
cretary of the Territory and the ap
pointment of a new one. The reas
on for this removal is interestingly
set forth in the following extracts
from the memorial:
“Immediately consequent up
on the settlement of this col
ony, a large and heterogenius
emigration followed upon our
heels, remaining here a short
er time requiring the establish
ment of an efficient govern
ment, for the speedy protection
of life, peace, virtue and pro
perty. In addition to a trans
ient and ungovernable emigra
tion. almost constant Indian
depredations have plead like
the irresistable maw of death
for the institution of some for
midable order, and power of
government amongst us. A pro
visional government was ac
cordingly formed which has
met the exigencies of the peo
ple, and secured general tran
quility, order, and satisfaction,
and when the announcement of
a Territorial government under
your fostering hand, reached
us, it was hailed with shout
ings and firing of cannon. * *
* * * Thus, sir, when we
have looked for the fostering
aid of such a* functionary as the
Honorable Secretary, and, for
a fellow citizen, worthy the
honor conferred by our illus
trious Chief Magistrate, we
have been annoyed with the ,
technics of legal quackery, and i;
our respectful address for sta- |
tionery, etc., has been respond- I
ed to, not as to legislators of
the undivided choice, and sole
representation of a sovereign
people, who know the right of
franchise, and self govenment
under the constitution, but as
to men who ape authority that
does not belong to them. Al
though we are ipso facto honor
ed with the choice of a sover
eign and free people to be their
representatives in legislative
Assembly, and the refusal of a
captious stranger to accredit us
with the fact, does not shake
the truth, still a studious viola
tion of etiquette when it is de
signed to convey burlesque,
contempt, and indignity upon
a legislative body, is calculated
to alienate a people from such
functionaries.”
It is readily seen why, just 75
years ago, the people of Utah set
up their newly authorized govern
ment free from interlocking ad
ministrative functions.
(To be Continued)
SCOTLAND FISHERIES PAY
MORE FOR CATCH
American Consul M. K. Moorhead,
Dundee, Scotland, in a report dated
November 30, 1926, on the fishing
industry of Scotland during the
month of October, 1926, states the
demand for fish was good thruout
the month. The average price of
herring for the month was $3.16 per
hundredweight as compared with
$2.00 in October in 1925, while the
average for all kinds of white fish
was $6,66 per hundredweight. Of
a total of 226.25 3 of fish taken,
69,757 were herring; 155,784 white
fish (except herring, mackerel, etc.),
28,045 cod and codlings, and 74,248
haddocks.
Total exports of cured herring
from Scotland during the month of
October was 53,953 barrels; exports
of herring for the ten months end
ing October was 866,908 barrels.
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