| Show THE NON PARALYZED SIDE I 1 SPEAKING I 1 oi of fede federal ra I 1 a u authority dhority in ufah utah hia hid ilg horion chief justice fmc ar kean rean in that letter jetter to his bis honor I 1 the tile mayor 11 ir and other tiler distinguished citizens says thai that though federal authority is badly crippled in Utah I 1 yet set iti it ibi i ia s not 0 i t paralyzed ed lon ion on the equity side of the federal courts equity freely defined not bot the tho I 1 written gross ross t technical al human law but the unwritten written tin lin the higher li 1 moral divine nel law frequent ly a vastly different thing to human jaw law as colton I 1 says law a and u d equity areta are 6 thi fhi things nka which god hath joined but which inen man hath put ut asunder I 1 1 t equity equity I 1 is a right justice impartial evenhanded justice the very essence of jp justice stice heaven dorn ju justice itice ordinary human fi mafi statute e law is tile ilie he letter I 1 I 1 which w kelleth leill kil leth etil equity is uie uze spirit which aleth life A court or of e equity or chancery Js is mainly malnis a court of relief from some come li hardship orl ori or I 1 injustice not raae reached hed by or ordinary d inary law A judge wl may consider himself ham hampered perel or I 1 trammelled teammell ed by the tile forms of ordinary law lawi may certainly think himself greatly freed when lie he takes lakes up equi equity Ity jurisdiction but a court of equity though designed for the insuring of justice where ordinary law baw couris courts fail cant can not be conducted capriciously altogether according to the humor of the judge without regard to principles he ire must lust proceed laidely large y in accord ance with established principles of common application with legal analogy and aud judicial precedents it may be true enous i tha eliat t the gutty putty equity side vide of the federal counts in utah tah lanot is not por nor can be paralyzed paralysed oi or crippled by the local legislature neither havene learned that the legislature I 1 ever desired pr sought to cripple either the trio equity side or the ordinary law side or of the federal courts nor do wo we believe that any surch such desire delro or intention i exist or has bas exists in the le legislature lature or cr anywhere ewie etie lise only in the disordered imagination qa homem mem bars of and sympathizers the utah ning ring the federal fedal courts in utah butali are subject u abject to the correction of the aj united states supreme courtat court at the beator seat seal of federal government in all cases and on all questions which are arc thereto this is the identical den don shoo which really pinches our chief justice the U S supreme court has some fashioned old oid respect for constitutional congressional and territorial law a particular in which chief justice mckean most woeful blackfor lack For everybody knows that gur for eighteen mont months lis ils in the holding of his spurts spurts he showed plainly cared fo for neither of those kinds either in form or spirit ills his judicial proceedings ce then being in accordance with neither the constitution nor the laws of congress nor the tile laws of utah but of all of them and therefore illegal and un constitutional and for that reason there was no reco recourse urko urke left for the U S supreme court but to condemn ills liis whole judicial policy and reverse hs whole eighteen mont months lis ils court proceedings A pretty sort of a inan man lie he to pra bout equity and about federal ad authority being crippled and paralyzed by the tile obstructive acal action on of the utah legislature A very pretty sort of a man he to thank heaven that the equity hide side of the federal courts is not crippled nor paralyzed by inextricable em barrass ments caused by local lee iee legislation k islat loh lon in iii utah A likely man lie lle to adMi administer nister DiSter equity who ig byred all ordinary local congressional and band constitutional law at his pleasure accepting or rejecting either or iu running nning 0 nil ali all nil together in in hodge bodge podge fash fashion on as might 1 suit his particular purpose pur pope e tile titer chier chief J ustice is a man of lim jim pie deep rooted and strong is fixed and obdurate in holding to fo them in cases where lie he was not prejudiced whether at law jaw oriu orlu or in equity he might or might not sd with tolerable fairness lut nobody believes believe she sho he would so adjudicate in any case that touched hl ins ina prejudices while in any case wherein his strongest and most litter bitter and violent prejudices were arous aroused dd especially respecting the IM M ormon people or the mormon re ligian religion talk taik about equity heaven help those persons who might come before him and prove droye obnoxious to those prejudices for experience has demonstrated that they would blur his mental vision overpower ills his understanding landing warp his judgment and utterly incapacitate him lilu 1 from comprehending the true spirit of either law a or justice justlee where would be his hig equity then crippled aud nud aud and paralyzed enough elough lagond all idl doubt |
