Show ad I 1 T 0 IVIA alls alis MS THE FIRST utah ELECTION law we are in receipt of the communication bait SAIT liane narn CITY sept 29 1882 editor deseret news mews in your issue of sept 23 you successfully cess fully fuDy settled the claim ot of the liberals that no law was passed by the utah legislature in reference to the qualifications of voters at elections elect lom lol till jan 21 1859 and also refuted their abard argument that there were no legal voters to elect the legislature of 1859 but you made one statement that I 1 should like a little blittle more mo relight light bight upon namely that the thi act of jan ad 1853 prescribed the qualifications of voters it is now assented asserted that the act you refer to said nothing about such qualifications and in proof of this the compilation of 1866 is cited which contains the act of 1853 on elections and it has no reference to the qualifications of voters were you mistaken INQUIRER no wo we were not mistaken unless it was that we mentioned the act of 1853 in such a manner as might leave the inference that it was the fant law of 0 utah on the subject of elections eleo tiana the act of jan ad 1853 as it passed the legislative assembly contained sixteen sections it appears as enacted in the compilation of 1855 which Is is now 16 the qualifications of voters bat an act was approved january 21 1859 which provided for the qualify catinna for voting aa as well as holding office in this thia territory and thus thua rendering unnecessary section 16 of the act of 1853 that section was omitted in the compilation of 1866 hence the apparent error which aa as will be seen been on examination of the act of 1853 aa as it passed the assembly was no error at tit all our oar correspondent may lefer his smart t and carping liberal objectors to the original al statute and their nonsense non benee lao ino about no iao qualified nned fled voters in stabs will not have a leg to stand aland upon u p on but bat we will explain fanth further er con cerni corning nv the first election law enacted tatter latter the organization of the Leil lell slature the first session ol 01 the legislative asyem assem bly was con in pursuance to the proclamation of the governor on oil the day of september 1851 and continued by adjournments adjourn ments to the of february 1852 A special session was called by the governor which convened on tha the following day and continued till march mh fth 1852 at this session if an act continued till march mh fth this session if an act elections was vas passed containing twenty three sections making all necessary provisions for the conduct ing of ite ste general elections in thia territory the following prescribes the qualifications of voters beo ena 21 all free white mate male citizens of the territory of utah of the age of twenty one years shall be considered legal voters provided that nothing in this act shall be eo so construed aa to admit of any military officers or soldiers sol soi diers diera in la the united states service stationed within the limits of thib thia territory to vote for territorial county or precinct officers this law was waa passed eo so as to be operative for the first election under the territorial statutes the previous election having been called by the governor under authority conferred by the organic act which prescribed the qualifications of voters for that election and empowered the legislative Assem assembly assembly bl to prescribe the qualifications ot voters at all subsequent elections eject lons ions the ack act ot 1852 was superseded by that of 1853 almost it not entirely repealed by subsequent statutes thus there has bus never been a time since the passage of the organic act when utah has been without quail qualified nned fled voters except the short time intervening between the first election under an act and the passage of the law referred d to which provided the qualifications of voters at r t the ensuing election and thus all the liberal stuff predicated oa on the hypothesis that thare were no qualified voters after 1851 falls into the mud and passes out of sight la Is our correspondent satisfied now THE FRUIT INTEREST JUST how much fruit green canned and dried in utah ia Is exported to the surrounding states and territories coi poi cannot cot at present bs be definitely ns pertained certa ined but we aro arc able testate after careful inquiry that over pounds daily has been shipped north from ogden on the utah northern for a month past pasty and as much if not more on the union pacific and this by express AH As to the amount sent by freight wo we aro arc unprepared to state utah peaches are hold in high esteem iu in Montan montana sund sand aund and are prefer red to the california varlet varieties leis icis us being of better flavor other atone stone fruits are also shipped in large quantities we are safe in saying that the demand for our fruits will increase every year and the more we can em produce of fine quality the greater will bo the demand montana is now producing large quantities of flour hour potatoes and montana is now quantities of flour hour potatoes and small grains and strange tobay montana flour commands com mands manas a botten hotter prim price than the product of our mills but tile the altitude of colorado wyoming idaho and montana will prevent thebe these parts of tho common domain ever successfully competing with utah in raising fruits the NEWS Ns has frequently urged upon its readers leaders the necessity of planting the most desirable fruits that resist the encroachments encroach ments of the codling moth foremost among them stands tho the peach whose fruit reaches nearly a perfect state in our lower valleys a ties that thrives well in u R loosa loose gravelly soil eoll that could be utilized to great advantage where other crops would be a failure we now renew tho the tl to our farmers and gard gand gardners gardeners ners to look well weli after this matter BO so that we may be able to supply all that may be demanded for exportation and have plenty for canning which always pays better than drying ogden la Is now shipping immense quantities of vegetables to all parts in in this respect she ia la more favorably situated than bait salt lake latee city aa as the extra charges from here to ogden add to the cost coat but the advent of the rio eio grande narrow gauge will put us in direct communication with colorado and the east and will enable us to ship as cheaply to those points i the potato crop in colorado this year is almost a failure the bame tame may mry ba said of wyoming this fact to the close observer ob r will indicate the necessity of taking care of our I 1 tubers we ought to command as good a figure in the market tor for or flour as any other territory mid aad to keep heep up our pre eminency in fruit we must continue to plant the best kinds of trees and then thou take g good rood care of them constitutional rights IH IN gradually but continually en croach ments are being made upon the fights supposed to be guaranteed to citizens by tho the congress of the united states that civil and religious liberty which the government of this thia country was established to protect is being under undermined mined and the time is not far distant when those who have assisted in the the work or who have encouraged or consented to it because it was doney dones done for the purpose of assailing an unpopular religious body will find it tu turned medin in other directions in which they are personally interested and it will be too late to arre progress the wrong done towards one part ol 01 the body politic however small it may ba be or weak it may seem to be Is sure to affect other parts and nud ultimately ti the whole structure the special legislation against the Mormon sin bin by a wider step in the bame same direction m 1882 was aimed at an establishment of religion and designed to 61 prevent the tree free exercise thereof need not add la Is expressly forbidden in the first amendment to the constitution that marriage is and always has been among a very large number of people an establishment ilg lish ment of religion cannot bs ba reasonably disputed that it is ao so with the church of jesua josua christ of latter day saints commonly called the tho mormons cormons Mor mons la Is positively certain it Is also irrefutable that in the theory and practice of marriage martlage as held by that church there ja Is no unconstitutional infringement upon the natural and civil rights of citizens it follows then V hat that legislation against that establishment of religion Is as unnecessary as it is a unconstitutional because governments are instituted and their proper powers are exercised for the protection and preservation of euch ouch nishn there are other constitutional restrictions strict ions which have bee been n sot bot at naught in iti the assaults that have been mado made upon mormon religious liberty wo we refer to the provisions that th atno no bill of attainder or ex post jatto facto law shall be passed and that no religious test teat shall ever be required as a qualification to any a office or public trust under the united states the edmunds act violates both these restrictions in that it beeks to punish people for acts performed before the iho passage of the law making them crimi al and in prescribing a religious test ai a a a qualification for jurors in certain trials under the laws of the united states the belief of a citizen concerning an establishment of the mormon religion is mado a test as to his fitness for tho the office of juror these thebe departures depar turea are of encroachments encroach ments upon the bulwarks bulwa of popular liberty and popular rights and if permitted to prevail will form pr precedents cements that will be used in other directions and with more sweeping efrece bat not only hus bus the legislative department swayed by priestly and sectarian influence broken brokken over the bounds of the supreme law of the land the judiciary has followed in the same direction passing by the decision of the supreme court of the united states to bolster up a law framed specially against an lish ment of reli rell religion glon with with its abdur absurd d argument that beekum because and aud widow burning wiloh destroy life under gwise guise ot of religion may be therefore marriage which develop develops and n supports life may be suppressed by law we come down to our local courts by these jurors were wera rejected on account of their religious belief before even there was waa a law passed by con grees gnes gre es authorizing euch rejection it was done dona in the mies case casa logg before the enactment of the edmunds law jaw and now a still farther departure from constitutional and lawful nega regu laciona is attempted grand jurors are challenged as to their belief in a revelation contained la in the doctrine and covenants of the tha church to which they belong and the challenge lenge Is sustained by the court this Is a a further farther infringement upon the liberties guaranteed by the constitution a further imposition of a re test it may ba supposed by some that thia una procedure in the tho third district court the particulars of 0 which will ill be found elsewhere in this paper la 13 authorized by the edmunds munds act but this Is not so that singular piu pig piece place ce of and ill considered legislation does not RO go to any huoh lengths it provides that in any prosecution tion for polygamy or unlawful cohabitation under vy y statute of the united states it bli hil le be sufficient cause causo of challenge to rury auy person drawn or summoned as a juryman or that he believes it right for a man to have more than one living and wife al a the same time or to live jn in the practice of cohabiting with more than one woman and this question shall berried be tried by tho the court thia this la 13 quite different from the exclusion of grand jurors for believing in the divine authenticity of a revelation contained in a book of religious doctrine and discipline the course pursued in this regard is not authorized by any law in the edmunda act it is a juror drawn to sit upon a case of prosecution for polygamy etc who is to be challenged for his belief as to its rightfulness and the question as to his eligibility is to bo be tried by the court but in the proceedings 2 til oll crit a grand jury is being em paneled not a trial jury it ia is not organized for the special purpose of investigating charges of polygamy nor of framing indictments for onnen ces named in the edmunds law its powers nrc arc general including inquiry into all kinds of of fences against the local raws jaws it is not paneled em especially in relation to the prosecutions under tho the statutes of the united states referred to in the edmunds law but is under different conditions altogether the test imposed thenis not only an infringement gement upon the tha constitution but ia is entirely unauthorized by any law or pretended I law law aw tho the executive haa proceeded eded in tho the sama same direction as tho the legislative and judicial departments thero there was never a mord more flagrant outrage perpetrated against the people loc lor or a greater violation of the baslo basic principles of our form of government than that of the governor of this territory in giving a certificate of election to a i person haying having but 1800 votes and ancl refusing it to the lawfully elected candidate having votes thus depriving the territory of e even v en such meagre in congress as ag the anomalous and territorial system allows the infamy of this act was acknowledged by both parties and all classes of citizens yet the deed was only condemned in word while the perpetrator wont went unpunished and the people were left to suffer the consequences of the fraud we touch on these points to show the trend of affairs in this great country if straw show which way the wind blows they also indicate the drift of the current it is out from the harbor of constitutional safety into the ocean of dangen danger and wild fury if these things can be done to the tha mormons cormons Mor mons they can be i done against some other religious body they aro are but the beginnings of disregard for obligations that should be sacred which will it continued result in utter contempt for the restraints imposed by that instrument inspired by the almighty framed by the founders of our political system and displayed to all lill the world as the palladium of human rights 2 A cincinnati SIGN SIGH discoverer tim THE cincinnati gazette informs the pu public bilo that A gentleman gentleman who has made recent observations in utah claims to havo discovered elgas r cf rf f I 1 internal dissensions in the mor mon moa church which may work woric its rum ruin 21 some bome people A have great faculties for 99 discovering signs through tho the exercise of a lively but not healthy imagination signs of the ruin and dissolution of the cl mormon church have bonn boon discovered repeatedly during the tho last fifty years if we may credit the statements of people exceedingly anxious for buch euch a catastrophe those who are on the inside of the church are not able to discern any thin gor the kind bind perceived by the cincinnati observer perhaps he can ean bee see more moie by standing on the tho outside than they can who know knox what is going oa on within bat we WO do not think he will get many people to take much stock la in Ms his pre lre ire pie tended signs particularly as ns he does not inform the pub lie of the nature thereof and it is well known that outside pressure is likely to promote internal union that cohesion is more probable than dissolution when a body subjected is to a tight squeeze the course now taken wilh with the cg mormon church is the very best beat means that could be employed to prevent internal dissension 1 l it is calculated in its nature to make |