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CLAYTON V. UTAH TERRITORY, 132 U. S. 632 (1890)

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U.S. Supreme Court

Clayton v. Utah Territory, 132 U.S. 632 (1890)

Clayton v. Utah Territory

No. 143

Argued December 5, 1889

Decided January 6, 1890

132 U.S. 632


This Court has jurisdiction to hear and determine, irrespective of the amount involved, an appeal from a decree of the Supreme Court of the Territory of Utah in which the power of the governor of the territory, under the organic act, to appoint a person to be the auditor of public accounts is drawn in question.

Under the organic act of that territory, the power to appoint an auditor of public accounts is vested exclusively in the governor and council.

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 not to he 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.

So much of the acts of the Legislature of Utah of January 20, 1852, and February 22, 1878, as relates to the mode of appointing an auditor of public accounts, is in conflict with the organic act and is invalid; but so much as relates to the creation of the office is valid.

There was a motion to dismiss, and the cause was also argued on the merits. The case is stated in the opinion.

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