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Show THE MEMORIAL OF UTAH'S I'WtNXV-SIX LtOALLiGHlS. t ia uot to hi mi i-CM;'! that a limited clituriiil Cfjrjjrt uoul'l hamlle, in on3 tinit' arLinlc, w pori'i':roiw a (Indigent a Hi" "twenty nix fowlm lawy.:r oMJuli" wuulil K-rt up wV-n prepariuK a nuli;uin imlio' ui:fit K;iiiirtt tliw T.tr.-irurul lnkum: aii'l KonitTK; but wi will, Willi pK.nir-!, lift the h"tt'l of tho uiai:lunc Willi Wl7n;h tlo:ir calcium cal-cium Itjlit W1" Ui:i(iiliacliir:it aipl hIiow thiit tU luiiiino.-ii h iiiittiinry iiinKiiwl ot'r.:al, ami tl.at the honored tw. Mty-r-ir havu kjmiii, in.livi.lually and cll-.-ciivLl, to r-r.:t that tti.:y paraded thfiir narnvH in euidi io-hiuo. The document ww intmidwl to he Impi secret until tiVre wan tiuio lor the ohjuot in vii:w to bo aouu pli.ihud before be-fore it could bo mado public hero, or any of itH allcKatioiirt arwwerud. But a number of copies were mailed to journal at a di:itanue, the MHOoiatcd prown aj(ent tuli'raphc-d about it, and tho HrHlAl.U undcrKround wiro wan in Rood workinn order, ho ilia1 tho publio wore favored with it b.lbro itH authorrt intended they ohould be. Tho Han Kranoiwoo Bulletin in commenting com-menting on it, aayrt it "cannot suppose that thtiM twcniy-air lawyers, many of them men of hih Hlanding, have niado any duliberato mi.sntatcii)Ciita." Thin i exactly tho opinion vo enter-taiood enter-taiood of tho Rontlcinon, until wo had carefully read through tho document in question; but this ia a world of dia-appuinliiientH, dia-appuinliiientH, and in this iuntanco we confess to a aeriouH disappointment, Jlulbro taking up any of tho npec:(ica-tion, npec:(ica-tion, in detiil, wo beg to quote iron page 11, ot tho original document, la-it paragraph of tho pnge but one; Tho Htatuto of limitation.-), approved Kcbruary 10, 1 JS7-!, under ono euunlruc-tion euunlruc-tion of it, will, if not disapproved by oongrcH bel'oro Kobruary H, 1M73, bar thyuouforlh all remedniM for wionjts of thin ulatw, uh well as many others winch have occurred moro than three years prior to that time. Tina in ono of llio numerous grave ohargea mado in this formidablo document, docu-ment, and it will no doubt surprise many people to learn that ono of llio luwyors who prefer this indictment draftud tho very act in question, g.t Mr. (Jeorgo (,. Cunnon to present it laat bchhiou ol' tho Territorial legislature, legisla-ture, an 1 urged its pimmitio, boing sue- i oesslul 1 1 ho doing; while another of tho noblo twonty-hix julao claims tho honor of buing tho father of the Btalulo in quuhtiun. i'o gentlemen, wish thouamos? When ono of them wan asked yesterday why 1 o pigucd tho doouiueut, under sueli circumstances, circum-stances, ho conl'cssod ho had not read it 1 O tan)ora ! O mores .' Having disposed of ibis iittie mat-tor, mat-tor, wo now proceed to take up t tic spoeitieatiiin-, bciiniin with tho first ono, premising that we are aro willing to ooceedo the Utahlstatute book iB not perfection, any more than any other statute bouk; but the illustration given proves that tho Territorial legislature has been willing to amend the statutes where good reason has beeu tdiowii, and would htvo , roooivwd any yroper momorial on tho subject with duo consideration. con-sideration. Tho first charge is: 'Trout tho very bogmoiug tho logUlaluro of Utah has beeu inimical to aud Mibversivo of the federal authority withiu the Territory." To sustain this the judiciary act of tho Territory is quoted. Wo tako up ono point of tho specification at present, leaving tho rest for another opportunity, opportu-nity, Tho fifth paragraph on page 4 of tho .document says: "Tho last section of tho act first referred to provides (pago lil and 3J gcueral laws) 'That any matter involving litigation may bo referred to arbitrators or refer ees soleoteU by tiio court or the parties, and upon a hcariui before such tribunal trib-unal it is required to decide tho matter, aud file its judgment, which is to be entered en-tered and have the same etiect as if given by the court." Upon this they chargo that "tho right to a hearing by a judicial tribunal is thus denied, - aud tho right by jury abolished, unless tho court seo fit." Wo will not aoeufo tho geullemeu of ignorance in this matter, for they give the pgc from whioh they pretend to quote; but when wo turn to tho page wo find they have misquoted, altered Ungmgo, and mado a deliberate misstatement. These aro grave charges; now lor the proof. Section 35, page 31, general laws of Utah, reads: "Any matter involving litigation tiy bo referred to arbitrators, arbitra-tors, or referees, who nmy be chosen by the iartitst or selected by the court, as th? parlies shall eltct; all such arbitrators arbi-trators have authority, etc." By comparing com-paring tho language last quoted with that which the twenty-six hxal gentlo-uien gentlo-uien protend to quote, it will be seen that they have omitted tho words "As tho parties shal elect," which is the ' important clause, as it gives the parties par-ties litigant full power over the manner of haviug their caj decided. The omission is a vital one; it marks a misquotation; aud tho assumption b'fc-tid upon tho MCiiou, with these words omitte.i, ih.it "tho right to a hcariog by a judical trilu,al is thu denied, and the ri cht nf tri d by jury abolished unless the eomt too tit to grant it,", is a del-berate .iiisstatem :ut, intended to dec-ivo members ot eon-gre eon-gre and others who haw n i: t':e statutes stat-utes ( Utah at hand, nor time to discover discov-er win is so cvitct. Ti e Lnguase "cy iu.u;cr involving iiiig;ul.n may be relentd to aibiirators, or referees, who may be chosen by the parties or selected by tho court, a ihc parties ?hill jekv;," i, altered and distorted thus, " Time any matter involving litiicui-Mi nay b-J referred to arbitrators arbitra-tors or referee ,-ehvtoi by the court or the parties." A wry material and important im-portant chaise. We preurje m:r c'.-jr.; wiii be eon-ceded eon-ceded iUj.&iued, o as mad:. W e have others to mk-:; lu; w.il e -aeiuie this morni;; by nmarkirg that the objectionabie section is probab'y distasteful dis-tasteful to tbe:e 'gett'emen, iccauie it provides a way by which d:cult:cs may bo settled wirhout tho proreriy of the parties litigant pasi'j ia:o the hands of Icgii gentiL-jica ia the shajv of retainers aod fees. |
