Samuel Freeman Miller

“ This principle is more applicable to questions relating to the construction of a statute than to matters which go to the power of the legislature to enact it. At all events, it can hardly be admitted, as a general proposition, that, under the power of congress reserved in the organic acts of the territories to annul the acts of their legislatures, the absence of any action by congress is to be construed to be a recognition of the power of the legislature to pass laws in conflict with the act of congress under which they were created. ”

“ We do not think that the acquiescence of the people or of the legislature of Utah, or of any of its officers, in the made for appointing the auditor of public accounts, is sufficient to do away with the clear requirements of the organic act on that subject. It is also, we think, very clear that only that part of the statute of Utah which is contrary to the organic act, namely, that relating to the mode of appointment of the officer, is invalid; that so much of it as creates the office of auditor of public accounts and treasurer of the territory is valid ”

“ It is utterly inconsistent both with the policy and the express language of the statute that the legislature of the territory of Utah can change the appointing power, and vest it in any other body whatever, however popular, or that in the creation of offices of this general character, whose duties and functions pervade the whole territory, they can confer the appointing power upon anybody else but the governor and council. ”