The Brigham Young Center

Hon. W. H. Hooper, M. C.
Washington.

Dear Bro:-

Your telegram of the 2nd inst. has been received & its contents duly appreciated.

We are sorry to hear of your sickness & sincerely trust that it may speedily pass away. I am pleased to be able to say my health is good & that of my immediate associates, excepting Prest. Geo. A. Smith who is suffering from a scalded foot.

Bro H. S. Eldredge started yesterday for California, on business on his own; he has been called to assist Bro Carrington in the Emigrating & will start for England early in May.

We regret exceedingly the view taken by the Trustee's Attorneys "that Congress must ratify our Legislative action before the Bonds can be certified." The delay occasioned thereby is vexatious in the extreme, & at this particular time cramps our operations very much. How such a construction can be put upon the "Organic Act", we are at a loss to conceive. Sec. 6. of that act reads: "All the Laws passed by the Legislative Assembly & Governor, shall be submitted to the Congress of the U. S., and, if disapproved, shall be null & of no effect;" or in other words, it is implied, that unless disapproved, they shall be valid if the Territorial Sec. of State has done his duty, all laws made by the Legislative Assembly have been submitted to <the Gov. & to> the Congress, & if they have not been disapproved, then they are valid. This is the condition of the Railroad Law; the question is not, whether the Sec. has presented it to Congress for ratification, but simply this, has it been nullified? if not, then it is valid.

In the Act of July 1. 1862. to prevent the practice of Polygamy, these words appear, "An Ordinance incorporating the Church of Jesus Christ of Latter-day Saints passed Feb. 8. 1851 & adopted, re-enacted & made valid by the Government & Legislative Assembly of Territory of Utah," yet this law had never received any specific ratification by Congress. Now if Congress declares this law valid, that it was made valid, by the Governor & Legislative Assembly, without any specific ratification by Congress, why is not this true of every other act of Legislature.

We delayed writing you until we should hear from Mr. Elliott, but his letter has not been received.

Whether the Trustees can be induced to re-consider their opinion, of course it is not for me to say, but we protest against the construction as inferred from your telegram.

If the Trustees still refuse to certify, we shall have to abandon all that has been done, get up new bonds & select other Trustees in this Territory rather than have further delay.

We will look with some interest, for an early reply.

Your Brother in the Gospel

Brigham Young

P. S.
We would be pleased to have you present this subject. & obtain the right of way from Congress for our Railroad without delay. Petitioners names will be forwarded next mail.
B. Y.