| Show cd CONTESTED D EL ELECTION EC TION or UTAH geo goo R maxwell Vs geo Q Can cannon noil noll argument of haibert alberg Il 11 paine counsel sor roy sitting member beyore defore the committee on 0 elections ff p the hium of represent Ke present of the united states D C isu ism CONTINUED the power of the state over crimes was thus committed to the legislature without a definition of any crime without a description of any punishment to be adopted or to be rejected and without any direction to the lecial ture concerning punishments i ants it was wasi then a power to produce the end by adequate means a power fo establish a criminal code with compe competent fent sat ral tiong tlona a power ti to denine defene crime and anif 9 prescribe punishments by bylaws laws jaws in t the 0 discretion of the legislature but though no crime chime was defined in the constitution and no species of punishment nt specially forbidden to the legislature yet there were liti 1111 numerous regulations ions lons of the constitution ution which must auit operate as re upon general power A ilaw liaw which should declare it a crimo crime to exer cio clo any fundamental right I 1 or of the tho constitution as the right of suffrage or the free exercise of religious worship would infringe an arr express rule of thel the sye system item an and d would therefore not be bei within the general power power oyer over crl cri crimes mes A law enacting enat ting that a d criminal should as a punishment for fit lit his offense forfeit the right of trial b by Y jury would contravene tile the cons constitution ti and a deprivation of this right could not bo allowed in the form of a punishment but while many rights are consecrated sec rated as universal al and able the right or of eligibility to office was not so secured it was not one of the express rules of the Cons titu tion and was not declared as a right or mentioned in ili terms aaa aan as a principle in any part of the instrument important as this right was it stood as the right to life itself stood subject to tile the general power of the legislature over crimes criffis and punishments As a right flowing from the constitution it could not be taken away by any law delaying de laring that classes of men ar even a single person not convicted of a public be ineligible to public st station atlow but as a right liot mot expressly express secured by the Constitution it might be taken froni fromi convicted criminals when the legislature in their plenary power over crimes deem such a deprivation a necessary punishment to tay say t slay flay this wa was to say in substance that the right hight in question might bo be forfeited by crimes when the legislature shall so direct if thit right was taken from none but malefactors malefactor in punishment for fences of elices declared by law and ascertained in the tha due course of justice the sense or of the whole constitution was wis maintained and he added that ak as the nult nuit authority hority or of each house of the new york legislature wak wa exclusive and sti supreme preme ili in all questions concerning the qualification of its ita own members if either house should consider such a qualification flea fi tion unconstitutional or for any reason reagon whatever should disapprove it the tile opposition of the ther house would prevail in respect to the seat and rights ofa of ora a member declared ineligible by the courts that the disqualification pronoun pronounced eed by the cousta would nall nali to produce an exclusion from the legislature but it would nevertheless be ba effectual to exclude from all other othor public stations that its effect in respect to all other public employments would be derided decided by the courts TO BE i tim the UTE timm tim tilea M TV A private telegram from mr chaffee to t tile av cra brings the gratifying hile fhle intelligence telli gence that the uto was wai ratified by the tho senate senito on wednesday tah fact will be satisfactory in the tho highest degree I 1 dewree to all residents of tile san juan and to those who con contemplate removal to that point it secures to the energy and enterprise and muscle of our mining milling C population a district of unusual ric nie richness ness and which with proper capital and development will prove one of our most productive and agid remunerative districts having obtained this prize to whito white men valuable to indians worthless a fair and urge upon all men in that region whether now there or going a strict and faithful compliance with lter it terms term we asked forthe for the mines and got them now let us be just to the tates the two men to whom colorado is most indebted dor foh tho the consummation of this fortunate treaty are jerome B chahee chance and samuel mamuel H elbert who have labored persistently and untiringly to this end the announcement puta puts p u ta the cap sheaf on the prospects or of san juan juian for this season removes all doubts about the tho securing or of titles and add puts at rest tho the question buealon of peace andlar and war with the utes ates which indians have acted wisely and generously and should be treated hone honestly itly stiv and fairl fairi fairly Y in ht return dan denver ver news ZV ezrs tiie THE PUZZLE the tile mormon puzzle still remains unsolved it t has been a problem for statesmanship and the opprobrium U m of the country nor for thirty years year and the evil seems eem avem vem as far from extine dop don now as ever before it bas has has been recognized as something in incompatible compa compI tible libio with christianity and antagonistic to the laws or all christian nations but it has hither to foiled every attempt of the government ment to stamp fatout it out when the t 0 pacific flo railroad was pushed through the territory dry some shome people aw taw t faw in the easier access by federal troops the beginning bf ivr the end or of polygamy but the national alarms arms ean enu only support the civil pow erlof of the territory and that is mormon the people cannot be put under martial law for they are not in ln insurrection every civil jury will be lie a mormon july jul from froin which it would ba ile idle to expect a conviction thus notwithstanding the many propositions among congressmen it does doos not appear how polygamy is to be extirpated without grave departures departure s from constitutional prescript prescription iDD I 1 I 1 and anit many proceedings in their nature revolutionary ry and at war with all P popular 0 pular ideas of liberty Broo brooklyn glyn Alyn ir ar |
