History of Utah, 1540-1886 - Brigham Young University

SEEKING ADMISSION AS A STATE. 4S3
which virtually abolished vote by ballot, gave much
ground of complaint to the anti-Mormons. " In a
territory so governed," writes Benjamin G. Ferris,
who superseded Willard Richards as secretary in the
winter of 1852-3, "it will not excite surprise that
cases of extortion, robbery, murder, and other crimes
should occur and defy all legal redress, or that the
law should be made the instrument of crime." The
remark is unjust. If crime was not punished, it was
from no fault of the legislature, but, as we shall see
later, from want of harmony between the federal and
territorial judiciaries.
In January 1854 5 Utah again sought admission as
a state, a memorial to congress being adopted by the
legislative assembly praying that the inhabitants be
authorized to call a convention for the purpose of
5 The remaining acts of the legislature for 1852-3 will be found in Utah,
Acts Legisl. (ed. 1855), 231-52, (ed. 1S66), 64-6. On March 3, 1852, an act
was approved whereby it was made unlawful ' to use with disrespect the
name of the deity,' or to ' become publicly intoxicated so as to endanger the
peace and quiet of the community.' For the former offence the penalty was
a fine of $2 to |10, or one to hve days' labor on the public highway, at the
discretion of the court; for the latter, a fine of $1 to $10. On Jan. 17, 1853,
an act was approved incorporating the Deseret Iron Co., Erastus Snow,
Franklin D. Richards, and Geo. A. Smith being among the members of the
body corporate. Acts were also passed incorporating the Provo Canal and
Irrigation Co., of which Orson Hyde, Geo. A. Smith, and Geo. W. Armstrong
were the promoters, power being granted to divert a portion of the waters of
Provo River. Another act bearing this date gives to Dan. H. Wells the
right to erect and control ferries on Green River, the rates of toll being $3
for each vehicle not over 2,000 lbs weight, $4 for any vehicle between 2,000
and 3,000, $5 for those between 3,000 and 4,000, and $6 for those over 4,000
lbs; for each horse, mule, ox, or cow 50 cents, and for each sheep, goat, or
swine 25 cents. Wells was required to pay ten per cent of the proceeds to
the emigration fund. On Jan. 21. 1853, an act was passed incorporating the
Provo Manufacturing Co., of which Orson Hyde, Geo. A. Smith, and others
were members. By other acts of this date the Great S. L. City Water
Works Association was incorporated, Brigham Young, Heber C. Kimball,
Ezra T. Benson, Jedediah M. Grant, Jesse C. Little, and Phineas W. Cook
being the body corporate; to Chas Hopkins and others was granted the right
to build a toll-bridge across the Jordan, to Jos. Busby the privilege of establishing
ferries on Ham Fork of the Green River, and to Jos. Young, David
Fullmer, and two others that of establishing ferries at Bear River and building
a toll-bridge across the Malad. On the same date an act was passed regulating
the mode of procedure in criminal cases. By act of June 4, 1853,
Abiah Wardsworth and two others were granted the right to erect a tollbridge
across the Weber. The acts, resolutions, and memorials of the legislature
were published in the Deseret News. In the issues of June 18, 1853,
and Jan. 11, 1855, is a description of festivities held by the members, to
which the federal officials were invited. They were afterward held once or
twice each year.