Show 1 SOC ET TU EM SAT LAKE CiT Feb 261881 Editors Herald Lawyers and judges lave one way of looking at things and common n nonprofessional people have another anoth-er This chapter is not designed for critic professionals but for ordinary ordin-ary nonprofessional mortals Putting Put-ting his mandamus matter into plain language for plain people who in fact constitute a large portion of the community it runs this way The court was asked to compel com-pel ActingGovernor Thomas t give George Q Cannon a certificate iD i accordanc with theuudenied and undeniable aranc deniable fact that he received the largest number of votes for delegaj to Congress The court said it did not know that Secntary Thomas was actinggovernor and if he wit w-it could not compel him to do his duty and give a certificate to the elected elec-ted candidate The governor whoever who-ever he might be could do just a he liked about it could take his own way of counting the votes and judg ing of their valueand consequent could give a certificate or withhold it gve give it to Tom Jick or Harry a ccording to his own whim or discretion as the court termed it and it was nobodys business am law or equity The governor could regard or disregard dis-regard keep or break respect or defy de-fy the law just as the lit may come upon him for he was altogether above and beyond the law in such matters and the court could not touch him He was the one imperial I imper-ial citizen for whom laws and courts were not made and instituted except in so far as he might choose to subordinate them to the furtherance further-ance of his own purposes This is all very peculiar andf unny Let us look at it a minute The court did not know who was governor gov-ernor de facto That may be so but everybody else appeared to know It is hardly presumable that Secretary Thomas had repudiated the governorship I he is a little nan he is scarcely small enough for that However courts may be very ignorant institutions for there is no law requiring them to know more than they are obliged know and if it is not law it may be custom for a court though wise and knowing know-ing and oracular enough at times to writ itself down an ignoramus at its own option and as often as may seem to itself convenient The law plainly required of the Governor to give a certificate to the candidate who had received the highest number of votes and allowed lowed his excellency no discretion in doing That was the whole duty of the Governor in the business mmd a governor who had the slightest slight-est regard for either law or justice would have given the certificate to Mr Cannon without any paltry quibble or intriguing hesitation The court held that the Governor could go any way and anywhere he pleased to ascertain how many votes were cast and for whom The Gov eriior could not do any such a thing There was only one way and one where for him to know ard they were a nrovided bv law Tim law provided for holding the election and for the returns of the same to be sent to and received by the secretary secre-tary who was the only authorized person from whom the Governor could obtain the entire vote of the territory according to law The Governor had no discretion in this matter To say that he had may be grand law in some prejudiced peoples eyes but to sensible people it is pure puerility perfect childishness childish-ness if it is not wilful wickedness I the Governor could find out any way lie pleased how the election elec-tion went what was the use of the law requiring the returns to be sent to the secretary for that purpose among others I the Governor could please himself about accept leg the legal returns or anv part of them of what use were they I he was really an irresponsible judge of the election and according to his own methods what was the use of having an election For he could nullify it at his pleasure no matter how it went He could send whom he pleased to Congress or have nobody no-body sent there He could give the certificate or not give it He could give it to the person having the highest or the person having the lowest number of votes He could give it to somebody having no vote at all And it was nobodys business busi-ness withal The Governor could exercise his elastic discretion in the matter you know I I understand under-stand things this was the logic of the court Suppose the Governor had l refused to give anybody a certificate how then There could have been no delegate and no contest for the delegateship The man who has the certificate is not entitled t i by any rule of law I he had not received one vote his right to the certificate and his title to the delegateship would have been just as clear and as perfect as they are now So far is the people are concerned he is nobody he is no representative nor delegate of theirs but the fact of his having a certificate though obtained ob-tained by indubitable fraud gives him a seat in the house and mae he contest for the seat possible The court said it had no power to compel the Governor to do h duty Well perhaps it had not and perhaps it did not want to have it would have decided that it had the power for it conceded that there were precedents pre-cedents on both sides of the question But circumstances alter cases sometimes some-times even in courts especially courts in territories and more especially when the Mormons are on one side and their enemies on the other I has been said that language was iiiTented for the purpose of concealing con-cealing our ideas and itmaybe said that law and courts and cour territorial governors were invented Iterritral purpose of hindering and thwarting and preventing justice for all that they frequently do Courts apparently rejoice when they bolster up their unjust and illogical iogcal decisions by adopting the pettifogging pettifog-ging resorts of hairsplitting casuistry casuis-try and frivolous technicalities I the judiciary declare that the Governor can do no wrong that he is above the law and beyond the reach of the courts what is the natural effect on the community I Common people will regard the I courts as saying Go ahead Governor Gover-nor Pitch into the Mormons Give them hail Columbia They have no I friends They have no rights which I you need respect Don fear us Dont mind us We wont hurt you We wont hinder you We will I stand by and hold your hat and coat while you go in and have a good time Soc et tu emi em-I i Virtually if not intentionally and technically the result of this proceeding pro-ceeding is that the court sustains the Governor in stealing the peoples voles in thwarting the peoples will and in defrauding them of a delegate to Congress and the consequent conse-quent effect is disastrous to public morality I a theft of that outrageous o out-rageous kind must b justified or excused or winked at or favored in I anv degree way or manner then any and every kind of theft ought to be and we are in a fairway tc become a nation of thieves l Meantime how would it do to SU l the Governor for damages and carry the case up to the Supreme Court of the United States B |