Show B editorials PJ T 0 a IA L so OF or SYMPATHY PERHAPS every person who read the t aport of chief justice mc me keaira lengthy ruling in n the matter of challenging the tha jury pub dished in tho the NEWS of last wednesday noticed the evidences of perplexity and doubt in inthe the mind ortho ofelio learned judge and came to the conclusion that lie ho wag was as well livell awa aware aa the general public of the g glo gio or rious 1 uncertainty of the tho law and consequently of or the tile tory nature of an at appeal thereto N aw it was plainly enough manifest ih that ruling that his honor misa geba was a proper object nor for sympathy i however e V er anxious to rule correctly ho lie might bo be he lie was like a cat on a hot floor he did not know where to step lie he was greatly puzzled over the matter feeling conscious that whichever way he lie moved he would be cureto sure to buthis pu this noot foot in ibi ILI it said hei hoi he he would be gla gia glad giad d to hold one term of court without these great questions being sprung every week in oho obo one shape or br another bit atit t he was as not sanguine that he could they auit do the tho best they could embarrassment barras barms would grow out of any decisions they might make in those mattone mattere if a judge did his best he might even then make malid some mistakes but it was a consolation that mistakes were made elsewhere as well as in utah it was waa a consolation tu to know that the ablest lawyers were as perplexed as hirn himself eif elf over those questions qUest ioris and after making the ablest spee speeches cilo clio and most elaborate agi arguments they would frankly confess they were fars fans arbin coil were tigh t and abd thau that the positive lawon those thoe questions could never be positively known oni til the supreme court of the un t ed states hadt hart declared it IL his honor possibly forgot that there Is a great diffie difference renco rence between a judge and a lawyer the judge should always be right is his duty so far as is possible A lawyer is not supposed to care a afla ng whether a case dase is right or wrong nor on which side aide of it be tie is en so that he the a batease mat fat case wins wing it and Is well paid for it it itis Is a judges fudges business to make the law clear A lawyer sometimes considers it his business to mystify the la law and the judge too if he can as in the instance wherein an english judge hinted to sir roundel palmer during a long dhawn out speech speech that it holud be satisfactory to know what view of the case and the law the gentleman was vas vas taking perhaps sir Rou bou blundell Bo care so that he could help the judge judco and jury not to see the right aide the next lay iday his honor judge mckean gave a decision relative rota lola tive to the tha special jury in somo respects as to principle of the decision ile lie he gave the day before if his honnor was afflicted with doubt and perplexity over th the a first declaw decision that affliction action certainly appeared to have increased greatly reatis on reared geared him im by the time he gave dis wis his second ile decision cWon for he announced that he I 1 would carefully reconsider his decision without bias in th the appellate court as it was on a question not aggred thus showing that the steps he was taking were by no means firm and solid odesas he be was treading trending upon debatable dangerous and uncertain ground but that no one could know whether it was good ground or bad ground until tha tho supreme court had determined the question for everybody when we read all these things and began to comprehend the tho the dilemma la in which our friend the judge found himself we felt quite concerned for him as he appeared to be iny int in if not so good a cause at least as bad a predicament as paul who when he would mould sio ilo good found evil Sever ever present with him we also felt like extending our sympathy to his honor who evidently needed it thought we her here is a lerned j judge who wields great powder over an Imp important orant portion of the U union nion he has a an important effice office and he does as ho he pleases in it ho he Is supported unflinchingly by tile the highest authority in the nation he has considerable power over tho the lives liberty and property of thousands of people and the only serious elleck check upon his course is t the he action of the supreme court of the united states which though it does not come upon him often moans means something when J U dm come and yet he is not it happy appy surely sure every heart I 1 its ts own sorrows and there isas the proverb says a skeleton in every in that of a chief justice it seems that be is by no means exempt exem pt from the trials and sorrow sorrows losses and crosses of mortality now how in the fullness of our sympathy for his honor in the midst of tathy dathy his Is sore ore perplexity and doubt we can tard lard hardly yv y refrain from respectfully and modestly tendering a few suggestions gest ions for his liia benefit in the ti I 1 0 first place if when lie came to utah lie he baa had come simply as a judge to administer the law impartially part lall yand aud and not as a sort cal cat missionary to destroy mormonism his mind would have been a great deal clearer now than it is on very many questions both of law and tact fact having begun his ills judicial career here by pervert ling and arid consequently mystifying the law as per the supreme court decision in the englebrecht case I 1 i which by the tile by his honor has become quito u ito fond of quoting it is I 1 no ilo wo wonder ad e r at all that an air of mystification perplexity and doubt should still hang bang around his court enshroud his mind and envelop his bis decisions second in quoting the tho engle brec ht decision his honor should not try how ho he can wind around and meander through it unscathed hut but ut how hew he lie can mo most A fully act in accordance with the principles therein announced third in all decisions of courts as in all other official business instead of acting upon the idea that all ail power not expressly delegated 1 to the people peole are reserved to the court beit but an the constitutional ed risti tut ional principle that all powers not expressly delegated to the coli coul court rt or other official body are reserved to the people peo pie ale if f his honor the judge would think of these things and act faithfully upon them he would bd bo in a fair way of soon toon soon hoon emerging amergi ilg from thie thee the foggy region of uncertainty doubt and perplexity into the sunshine of clear and sharply defined conviction amounting 9 to moral morat moral certainty and a nd he would send us a letter of thanks acknowledging led his obligation for the kind kinf and an friendly eudly fri advice we have freely free ly offered him |