Show no appeals in criminal eaten emea ex ei eluston elusion of moe mormons cormons Mor mons fro irom from jurien juries no 0 6 editor deseret dews news in the debate on providing for appeals in criminal cases senator bayard mald our theory Is to have restraints checks and balances upon power whether judicial or otherwise ani and and they form one great part of the philosophy of our system and why I 1 ask may not that well be be applied to this act human punishments can have no sanction except they are simply for example they have havo no sanction if they are for purposes of vengeance anee alone there foie fofe surely it is better in the anomalous m condition of for tor which you are proposing at this time positively to legislate that you should at least impose some limitation upon the high penal powers given by your law to aj a judiciary ciary clary not the choice of the people of th the territory in whose they have no voice w you create the peculiar class of of lenses poly gamy which this bill is intended to punish they are not evil in themselves they are simply evil because your statute prohibits thelo thein you create the tile offense you created the judge you gave the people to be affected no power to choose their judge and therefore I 1 say that it behoves behaves you should give evory every chance for a of an inaccurate or an unjust sentence page 1802 as ai before mr carpenter tut it li is as the senator from ohio thirman Th nrman has hag well said a shame that a man can bo be tried for ills his ilfe lire in a district court of the united states before a single judge and have no writ of error to any other tribunal A A district judge may be the best man mau in ii the world he is not expected to be the greatest man in the world you shut the door upon superior professional attainments when you fix the salary at or they never will be very great men while good lawyers can make maue and a year at their profession 1 1 and yet today to day in the federal courts you give no writ of error to the supreme court in a case of treason or murder for which a man if convicted may be executed while if his farm worth 2000 be taken from him he be may go to the supreme court of the united states it is no answer to say that the supreme court is burdened with business I 1 may come to the supreme court of tb the e united states in any case exceeding 2000 exclusive of costs and the fact tact that the supreme court is overburdened with business is no bar to my application fora oora for a writ of error butia but if I 1 am put on trial for my life before a district judge and aud sentenced se to be hanged I 1 cannot havo a writ of error from the supreme court to revise the questions rf of law because forso forsooth otti the court is too b busy i ausy to at lend to a single citizens being behig hanged the judicial power of this union must be extensive coextensive co under the constitution with your legislation if you punish of lenses you must give the federal machinery for trial and rou jou vou you disregard your duty when you do not give all the safeguards which the constitution contemplates in criminal trials t 1 I fear that from the best of motives and with the greatest caution and pyu prudence denee dence that it is possible to exercise exercise wo we may do more harm than good we may jo do ampre injustice t than justice we may punish more innocent people than guilty persons I 1 would throw around the proceedings under the latr laff very every e possible ibio safeguard I 1 would Z give these people the tile right or of appeal I 1 I 1 do not speak particularly of the precise limits fixed by the amendment x I 1 would riot noi exclude every man prosecuted for crime from the night hight of bel bei being ng heard in the supreme tribunal of the laud land if these men a are re to b bo 0 tried they are to be tried for violating the ad adt 11 of congress and tho judicial power 13 with the tho supreme tribunal at its q head should bo be authorized to reach to hear and to determine all those causes page 1804 1801 the words for violating the act of congress the remarks of mr bayard on page 1802 1 I do not nut know what is the value of this amendment if it bo be restrained to merely capital causes because I 1 am not aware of any capital cases that could occur under the provi provisions sio Us of this act again 1 I do not think there can bo be any capital cases under this ac act also aiso those of mr sherman pago paso vago page page 1804 1604 1 I think the cases that may arise under this law are exceptional and I 1 should be glad indeed if some mode cou could ld be b e pointed out by which an unexceptional centi onal tribunal could be provided to try all these cases of a character all clearly clear y show that at least three senators were legislating with intent to apply exclusively against polygamy and doubtless that wa wasl wasi insidiously represented as being the intent of the tile framers framer of the bill it is not so expressed however but on the contrary the bill is general in its applications being a bill in aid of the execution of ef the laws in the territory of utah and for other purposes and it is open to that grave objection as are all the other utah bills now before congress cong re sq that while they are ostensibly b I 1 aimed at polygamy they are no not nob t so limited but provide for the selection se e of jurors in all cases whatsoever civil and criminal to be tried in the district courts both in united states and territorial business this is an objection because for all general purposes the mode of and summon ing jurors has hns been already provided for by local legislation under the organic act as in other territories and it is not claimed only by inu endors without foundation in f act fact that hat t the power so conferred has ever been abused suppose the legislature have erred in providing that the probate courts shall exercise civil and criminal jurisdiction concurrent with the district courts would not the true remedy be for congress which wb ieh geh has impliedly approved that law for twenty two years to legalize the past acts of those courts and declare the jurisdiction they may exercise hereafter but to deprive the people of utah of the right to sit injuries on junnes junies on that account would be in the nature of an act of vengeance gean de again every allegation made that crime goes unpunished in utah applies chiefly to those federal c courts which federal judges have locked up should the people be denied representation in the jury box on that account it is predicated of the people of U utah tah that they will not convict of polygamy and a necessity for sp special legislation is thus created but why should that legislation extend beyond the limits of that necessity should the people therefore be denied the right of the lury iury box in every class of cases VERITAS |