Show UTAH AND ana THE MORMONS ONS LM LETTER r IV ediew deseret news maving examined the prominent items in those congressional bills proposing special legislation for utah and exhibited th the e unjust anti republican oppressive and unconstitutional I 1 measures proposed it in acir theil provisions it may bo be well now to examine the reasons alleged for thia this extravagant and suicidal coun course c of proceeding these bills profess to bo jn in aid pid of the execution tto tio n of the laws in utah and for other purposes what these other purposes are do does doeg not appear and we a aro are re therefore left to draw our own conclusions from the tenor of iho fhe bills themselves now if they had stated honestly that their ob obi j eject act was to aid a small smail uner unprincipled junta or ring in breaking up all legitimate rule in destroying republican alican institutions in 3 izing g society si clety in strangling liberty and I 1 introducing 1 anarchy y and despotism and in providing a way for far three or four federal officials to disfranchise rob plunder and destroy one hundred and thirty thousand american citizens it would have been nearer the mark As our territorial courts aro are especially peel ally ails aimed at in those bills I 1 propose to examine the action of our courts and compare it with theirs and exhibit from authentic data how far their allegations are sustained by facts I 1 have before me a transcript from the records of the probate court of salt lake county under the signature of D bockholt clerk of said paid court appended to which is his certificate and seal wherein there is an exhibit of eighty four civil ed cages cases i ses which have been ada adjudicated bated before that tribunal and in which there is riot not a particle of evidence to show that the jurisdiction given iven alven to the probate courts has been een productive of any injury or injustice Jd stice to mon mormons cormons Mor mons or non ci mormons cormons Mor mons and these cases clear elear clearly y ghow an unbounded confidence ic 10 posed in the probate courts by non mormons cormons Mor mons and dissenters sixty two of them out of the eighty nour four 03 shown by the records being plaintiffs it also plainly demonstrates thab that at tho administration ni of 14 mis wa by the rell reli religious gibUs status of f thabar the parties litigant for of the eighty luhr ibur cases twenty five were lost by non uon cicinio fi fifty nine by mor imor mons moris 11 these cases extend over a period from joeb feb 6 1865 to dec 28 1869 it may not net be generally known for it has been gotten up in in secret and it was with great difficulty that I 1 obtained a copy that a memorial has been forwarded to congress bya by a clique or of forty five who have appended their names to it other things that the tilo probate courts exercise concurrent jurisdiction with the higher L courts 1 y and as the names of several of these gentlemen figure in these records perhaps the records themselves while they prove other facts may be as good ap an answer to them as need be adduced I 1 nind find a case among the number of walker bros formerly ibler mor mons of whom joseph RIV II 11 walker alk aik chairman of the memoria lists is the principal part partner lir tir blain plain plaintiffs tims against james robbins bobbins a imor mormon defendant wherein the p plaintiffs recovered judgment on the lith of june 1860 for the exhibit also shows three separate cases wherein stephen dewell deweil weir law partner of ar B N baskin another of the memorial against mormons cormons Mor mons as follows stephen do wolf vs thomas J franklin et al plaintiff received judgment may 1860 for and costs do de wolf assignees of C A perry co vs A gardner mormon r mon bishop plaintiff recovering judgment lath june 1862 1802 for S do de wolf vs naisbitt plaintiff recover recovered fd judgment ment nov 1868 for tor or on the exhibit are two cases wherein john akim B b all ali esplain plaintiff tiff a non coi mormon lormon jl deceased I 1 formerly a partner of H W W lawrence rl another which were decided in A mr air ir Kim kimballs balls bails favor and against 11 Mor Mormon mons sP viz john B kimball v vo george Q eurg ip snow plaintiff recovered judgment lodgment june 1859 for 61 and costs posts and against another mormon for and costs another is one of the plaintiffs in the case of siegel biegel bros vs C T cram a mormon plaintiff recovered judgment july 1868 for fr 10 samuel kahn another ri is one of the plaintiffs in the case of khan vs brigham H young ja fa mormon and a nephew of president debt brigham tim young plaintiffs recovered j edg ment april ad 1866 for the exhibit shows tha fargo co charles he henin hetal stead ex U S prosecuting Prose buting attorney gilbert gerrish gilbert sons merchants ro rogers ers J shire shiro co tle the cai cal california ro ornia state telegraph co fand and 0 other her prominent parties proceeded against members of the mor mormon mon church 1 in tile the probate court and all of them got their cases their action netlon attests the confident reposed in the integrity of those kourts birts while they were directly int interested in the issue the unbiased laal iaal actton action ion lon of th the court proves also that their confidence was pot not misplaced I 1 have several cases of a similar kind from weber utah and other othen counties counti es bt but enough has already been said paid and I 1 stand prepared to prove what 1 I before stated that out of eighty four cases tried before tho the probate court of S salt sait alt alb lake county were lost by and dissenters and fifty nine by cc 1 mormons Mor mons 21 among the above I 1 find appeals to the probate court lor for bait salt lake laua county U 1 T from aldermans aider Alder mans ans courts sal salt t lake city in which there are thirteen cases six of which confirm the action of the lower court while fqy soven goven en decisions are arc against the city I 1 feel proud to see a record like the above for abile tik bih gives the lie flatly to our defamers detainers def deta amers iners it proves that our courts and junies juries act justly and are not influenced byank by any religious 11 1 ious lous bias our religion teaches il honesty and justice and I 1 am pleased to see it so fully carried out and let left me say am tomy brethren that while whilo you pursue an honorable upright course you need heed not fear defa defamation bation matlon these men would a great deal rather trust tt you now than one another mr IL N baskin one of the said memoria iss ests who is well known to be a prime rim e mover in the clamor for special P leg legislation asat I 1 ion lon for utah testified before th the congre congressional As Ional lonal house committee on territories june 21 1 I 1870 as follows follow for rs past I 1 have been a resident in utah and I 1 must do the mormons cormons the justice justlee to say that the tile question of religion does not enter courts in grol brol ordinary inary luary cases I 1 have never detected any bias on the part of juro jurors rs thero there in this as I 1 at f first estex ox pecked I 1 have ap appeared eared in cases where mormons cormons and gentiles were opposing parties in the case and saw much to my surprise the tho jury do what was right I 1 wish we could say as much for them A memorial has been gotten aten I 1 up to congress called A T lawyers awyers memorial complaining of our jury law of the action of our probate courts accusing the Legisla legislature turc of dereliction of duty and calling for special legislation the tile following 1 are their names J H rosborough roban B bask ask ash in wm P appleby john ar P mcbride J E Hemmin grav W W gee AV haydon GeoE Whitney S dewolf W V C hall james H beaty M A carter albert hagan dennis 1 tooh v saml sam A merri merrit L thomas Mars marshall fiall jonathan C royle boyle IV IV woods geo V N enable smith reuben neuben H robertson Ro beron C W bennett C H morgan sol 11 mccurdy C ak K gilchrist frank Til tilford ford rord D IV W perley do these gentlemen know that in hi making these assertions they are simply reiterating the alle alie allegations 1 of gov woods wood s are they aware that tho the legislature does not ilot claim original jurisdiction for probate courts under the organic act but under an ait act of the legislature which the organic act empowers it to pass do they know that a few days after his excellency gov woods made that very sin sid singular u statement to the 14 legislature in his veto message that there has not been a jury in this territory for more than three years where a verdict could have been valid nor can there be under the tilo laws lawa now in force that a bill was presented by mr snow territorial attorney to the legislature forthe for the payment of a grand and petit ju jury ry and forthe for the expenses of a court held in beaver county by associate justice Bg boreman reman are they aware thai that tha associate justice emerson presented his views to the legislature in regard to what was required to put this his hig court in working order and at that that body passed a bill for that express purpose which bill was vetoed by the governor do they know that a new j jury u ry bi bill 11 was aiso also introduced and passed with a view to meet these ery very cry eom corn plaint sand that this bill bili was also vetoed cothey do they know that in the case of englebrecht the tho supreme court of the united states sustained our jury system and that chief justice lyie ISIc mckean keao Kean himself acknowledged that he had been wrong in holding that thac the legislature had not the right to create the office viz that thit of terri territorial tordal marshal which was waa the great question in dispute in regard to obtaining a legal jury and do they know that the supreme court of the united states in the tho snow swu case ha har has decided that there is necessarily nu IL cu fit tit 7 between tile the organic act and 1 ex cr i coriat lams laws lawse most of these a tite e professional gentlemen and I 1 submit that they ought to be dequain acquaint tv ed with these facts before making such assertion assertions 1 ir if as stated by justice bradley of the united states supreme court there fityere is necess necessarily arlly no conflict the conflict must be unnecessary ther legislature has done all it could to remedy the alleged evil arnor will wiil not have it remedied every measure passed for that pur purpose pore do they know that it i the governor had not riot unlimited yeto power these bills would woud havo have been passed by unanimous vote note of the legislature in view of these things accusations I 1 c q against the legislature char charging glog it with obstructing 9 1 law 3 cine come witha with ft very poor grace wp we must now turn over a new eaf leaf and after havin having g exan examined lined the action of our courts in sustaining justice see what others have done in opposing justice protecting and liberati liberating Dg criminals encouraging andl andi scia I 1 piousness lous ious nesi ness and shielding crime I 1 I 1 am sorry to have to make such all an expose but am necessarily obliged to show the contrast in it the vindication of rig dight right t in england they have their elue blue book I 1 nn nill afraid that have to open tile tiie the black book ithe tha the following is a 1 list ils lis I t of the named names names or of parties convicted benore before the tho police court of salt lake city for violation ofa of a city ordinance and hud subsequently discharged by the third judicial District Court as report reportedly reported edby by andrew burt buat chief of police charge selling r liquor without license may 1870 to february 1873 paul englebrecht eight cases eases july 1870 william S godbe two cases october 1870 to april 1872 james gordon eleven cases 1050 september to november 1871 tucker mckim five live cases october 18 1871 to july 1872 james turbett eight cases october 1871 to july 1872 charles loomis four eases easer october 1871 don C butterfield niely fiely one case december 1871 to may 1872 maynard four ca es toa january 1872 1872 to june 1873 lawrence manu mann eleven case 1100 february 1872 to june 1873 Hannak six six gix cases GOO march 1872 henry wagener Va gener one ease case march llarch to april 1872 1870 charles Nider hoper two cases april to august 1872 moore Ca camillie villie two case cases april 1872 C C carrol one case april to july 1872 henry G wi Vi ight c seven ceven cases case april 1872 to july 1872 auero murphy eight cases april to october 1872 P Phern kle kie clutz four cases april to october 1872 mat brandall Br bran annall annail nan two cases eases july 1879 1872 IT conn conner r one case lou iou july 1872 william J jones two eases cases harry briston one case casse july 1872 john metz one case jul jui july ay 18 1872 2 loomis jones two cases july 1873 hale bannan lannan nine cases gao 0 goo july 1872 kirby barber one case july 1879 1872 charles yeoman three case cases 2300 september 1872 john F halley one case september 1872 ohn john savage I 1 one case ease casel 00 connely two cases november 1872 william smith three cases ninety days in city jail june 1873 john bactol one case gu alskog june 1873 two cases pape cupid two cases june 1873 mansfield atchison te steel two cases june 1873 E S mansfield two cases september 1873 J D bam lamb b two cases october 1872 D B mcghee mcghee one case july 1872 sarali sarah jones one ca case qc 50 total cases and 19 fines I 1 april alth 1870 james camp waa drought brought before the police court charged with assault and battery found guilty and fined 15 discharged on a writ of habeas cpr egr pus by jud judge e hawley a aley sept C H K kitchin tche arrested rr ested charged with rt inning billiard tables without license tined fined discharged on habeas corpus cot cor ua by judge mckean it would bo be an interesting study to find out how many or of these names and many more to come are on those memorials memoria lg forwarded from this tills place requiring special legislation gi if pe ferons rons are aro arent aront areat at a loss to hunt them thern out I 1 may mcay be able to assist them but then these par ties tics need not complain for it seems the courts as now organized have all the power needed to protect violators of the laws it ib maybe may be said that justices haw le py y and mckean had a right t to ex ereio enie en ente ie their judgment in their boffl official capacity beabout the legality of tile the city 0 finance which imposed these fines I 1 rue rne to a certain extent when gover governed nud ii by y law but when we consider that thal all of the rulings of chief justice mckean to which exceptions were taken for the space of about eighteen months were overruled and nullified by y the action or of the supreme court of the united states in the englebrecht case basea a little more modesty would be more becoming it certainly does not show well in view of these things to stand forth dorth so prominently as the friend and protector of lawbreakers law breakers q chief chiet justice titue titus ti tup in hl the tier iian ilan case sustained the acts nets of tho the Legisla legislature turo in granting the city charter the tho authority of tho the city in f aming earning and passin passing g ordinances the officers of tile the city including aldermen in their official capacity to their fullest extent and in conclusion said in all but tiie the name these aldermen are justices of the peace thein their qualifications powers and jurisdiction are arc identical with those of justices of the peace in most if not all cities of the union aldermen are ipso facto ottto justices of the peace the most comprehensive analogy therefore requires us to regard tile the act creating these aldermen as a valid exe exer cle cie cio relve of power this exception is also answered by the tile maxim of legal con wi oil non burat |