| Show 7 ej editorials ITO R I 1 A LS 1 1 ON au aljo tn i NATU I 1 i 6 important decision has j ast been made by judge Blatch biatch blatchford fordt of ile tle J ide e U united n states circuit court in aj mew mow fe york add and as it may have some bearing upon cases in utah somewhat similar to it af 0 6 in new now wa give the sall sail j ent ni points p 0 0 1 6 of ris his honors honora ruling V but first the case casa must boex be explained pla pia ined U 8 commissioner ta velport took steps at kwast the ast election on I 1 annew 4 york to a i largo nu number obon of citizens framl jv 0 ting anthe on the ground that they bad had riot been lawfully naturalized naturalised they hold held of 6 citizen ship made dut out hidur in duo form stamp dhe the seal of thed the tho court couri yurt Jurt that issued them but va lowas was claimed th ata in 1863 a large humber lumber of ot 6 fraudulent du I 1 a r t certificates were issued and one proof of the fraud as i claimed by the commissioner avas was the absence of what he consid considered eted n proper record of the judgment of the court in admitting applicants ci c i etwas it was shown however thata that a book labeled naturalization index wag was kept containing the it macans macaws of admitted to citi v x f zen ship with tiia tho dates of their ild ted but as this book contained jino record of any decree of acourt it rl was waa clafred that the law had not been complied with these nil all alleged e aed ded god defects were Com commissioner oner onen davenport a republican to pret vent from forty to sixty thousand citizens principally if it not laii fall 41 I 1 J Democrat democrats sy from voting at the elc ele tion sometime borne time ago a case was tried before judge freeman with the object of obtaining an order of court amending and perfecting the decord but the judge judges in an elaborate opinion which was published at the time in full luthe in the new now york herald held that the record was in itself sufficient buffi clent elent containing bo lio ma foiw therefore denied the application the case been decided by J was a test i case peter coleman with many othe rawa arrested by Instruct lopa iopa slot 9 of commissioner davenport and charged with false registration he being one of tho the large number referred to who held certificates of naturalization of which it was 7 claimed there was no proper record he was taken before the united states circuit court on a it Writ of habeas corpus and the whole matter was argued on both 1 sides the ruling affects not only peter coleman but all others who had had bad obtained papers in a eini similar flar way and ineide incidentally nAlly will have a bearing upon the citizenship of a great number of persons in 1 various irdi lous loui parts of the country utah included judge blatchford decides decided that when an applicant for citizenship complies with with thie flig provisions odthe of the law viz declared his in ita tendons tent lous iOUs takes an tin oath to support the constitution renounces his formel allegiance satisfies sati oties otlea the court by a witness as to the prea residence and his hig character and renounces all titles and orders of nobility nothing more remains for him to do but bul to veceiva receive his pis tiri tirl tid cate elte which any on the tho h b artof part of an officer RA of tha court can noh not invalidate fi the judge bay say e v jat ilia is hard jato bo supposed that congress intended tt make theah p lican ilean t fo citizenship for fon t responsible fon tor a non any ally other conditions than such as he had bad had bad the power tol toi comply with The applicant can declare hla hia intentions and can take the prescribed oath and maae make the prescribed renunciation 11 K but he cannot see tb tl it that the pro dro pro 4 ce edinga edings and ana renunciation aro are teb corded I 1 W f this is good gommon Common commonsense common sense and though it may not accord with the we ruling of astonishing legal lumi luminaries narles a emitted t ther h ear dazzling 0 radiance bench in utah will billj vc vve ive have no doubty tand stand the test of 1 ebal legal criticism 11 and if necessary i 0 of higher judicial authority Q judge blatchford also rules that V the book la belled natura naturalization libation aiza liza tion index constitutes a record within be meaning weaning and intent of the law and abil conclude sas follows p it therefore appears that coleman was duly and legally admitted t to 0 citizenship and ind that th atthe jhb lega legality lit 0 of f his hia admission was not invalidated by any ad act or omission which occurred either prior or subsequent to hi hii bh i admi blon hion slon Bion As he wab waa legally admitted it was proper for the court to give him the certificate of citizenship which was waa given to him and that certificate was not unlawfully issued or made on this ground he is entitled to his bis discharge from arrest tc but there ther is another ground on which coleman is entitled to be liv discharged even if there were buch such a defect in the record of ithe the superior court aa to make mako the given giyen to him one that as unlawfully issued or made lie he was rio apt t guilty of an under section unless when he be rec received elVed the knew that it was unlawfully issued or ok made knade it appears that he complied fully with alithe 0 conditions imposed on him bim as prerequisite to hib his admission and that the unlawfulness if it abal any was in the want of form in hi the thi e records of the court an order will ba be entered discharging coleman from custody 11 jt it is claimed that the decosi decision on validates the disputed naturalization papers of citizens dav elport ho weyer contends that it will only jonly affect of them as he has other points of objection against the rest it is only fair to add to the above that judge blatchford stated in connection with it that if it could U be 6 judicially shown that any entries of naturalization were really fraudulent or that fraudulent certificates haf har had been issued the court would annul such entries and certificates all of which is eminently proper and consistent there is another important point connected with thib this subject which ilag has special interest for the people of utah consideration of which we I 1 must postpone until tomorrow to morrow a 0 AN arg IMPORTANT definition THE tre opinion of judge Blatch biatch blatchford fordy fords in his ruling on the naturalization cases in new york the substance of which we gave last evening as 1 1 point of considerable interest to many poop people ae in utah in addition to the items we have already presented in referring to the action of a judge J in admitting an fin applicant to citizenship he bo invariably call calls sit it a judgment 44 bo so also did judge freeman in his decision concerning the same samo matter several month months sago ngo ago andin th the e various authorities cited the same expression ia is used in relation iori to the order of court for the admission of an alien to citizenship the act is definitely stated to be a judicial act raudin andin sandin the natu nature to of a jud judgment g I 1 athas it haa baa been contended contended in this territory and we wd believe believes decided by some judicial Sol soi solons bris that the order was neither inace in the nature of a judgment nor non a decree decrees and that therefore the clause in the poland bill which validated all judgments and decrees al the probate courts of this territory up to the time of its passage passages did not validate the certificates of citizenship which had been issued from those courts doctors frequently disagree disagrees and so the more we learn of tm tife rulings of experienced and able auie j the less we me are disposed to venera venerate td the decisions of bf some soho of the third rate lawyers who through the pressure of political exigencies are exalted upon judicial seats in the unfortunate batra satra pies ples commonly called the territories of the united states A MIS COB C 1 I 1 I 1 I 1 I 1 IN conversation with a radical a an ti mormon s a few days daya ago we were metin our argument on the religion aspect of the plural wife quentio question n with vath the statement that the mormons Mor mons hadano had onee once p proposed to swap polygamy for statehood and that thib thia was inconsistent with their claim that plural marriage warring was part of their religion As this incorrect assertion has been made repeatedly we tarle take this opportunity t y of presenting the facts in the case the people of utah have several times made application for admission into the as a state stat they hatel havel have havo held heid eld eid conventions arranged a constitution and sent their representatives to washington t on to present their petition and claim to congress one of these conventions was held in this thia city in february 1872 and was composed of both mormons cormons Mor mons and non mor imor mons as tha the former of course coarse being in the majority one of the sec see eions proposed as part of the appeal tp to congress WAS waa ag as follows that such terms if any aa as may be prescribed by congress as a condition of the admission of said state into the union if ratified by a majority maj arity voted of the people thereof at such time and under such regula regulations tiong as may be arb prescribed by this convention thereupon be included within and c constitute on a portion of thib this ordinance cess eess coss this occasioned an animated debate it was viewed by gome some members of the convention as calculated to compromise the people on the plural wife question and as such was spiritedly deno denounced but it was shown on the other lothe hand rhana that it contained no pledge on this thia or any other subject except thatchat ever congress might propose be submitted to the thu people who could take their own course en on the matter and the responsibility would rest upon them and not nit upon the convention con congress gress grebs had turned a deaf ear to nil all previous petitions of utah for it was waa only reasonable to conclude that there was some special reason for thus considering the superior claims for admission which utah poss possessed as essad bod sod above other claimants for statehood who had succeeded gin their application I 1 on these arguments which were ably supported edby by many speakers the majority of the convention voted in favor of the section but they made no offer to swap polygamy nor any other principle or practice for statehood they merely gave congress an opportunity of showing ngon on what grounds utah was denied the privileges granted to other territories with less forcible claims firsta for state te rights and privileges afka not na named in the may way be claimed that this thia section squinted in that direction admitting this to be true it amounted to no more than this that if it congress would not admit utah unless something appeared in her pro proposed P ased state stafe constitution forbidding polygamy yail an opportunity was given for that body to express this in s sa many words then their proposed conditions should be submitted to the people for their action this would be putting the re where it belonged if f the whole people chose to repudiate polygamy they would have had bad to take the consequences of rejecting a cardinal part of their religious system was it supposed for a moment that the people who had suffered worse than iriana d deaths oaths for their faith falth would trample an essential part of it under unde r foot in order to obtain statehood ther the idea is ridiculous and was never entertained by any one who understood the latter day saints their leaders abid their covenants they would have havo given serious and candid consideration to anything which congress might have iad aad to say in regard to the conditions necessary for the admission of the state of Des deseret erst arid would havel iava lava had the advantage which they hey have never yet enjoyed d pf af earning learning offiel lly ily the reasons why t heir claims for statehood had been treated so coldly and contemptuously but as they never contemplated in any state conati con sti aution anything forbidding plural marriage po so they never intended to 0 insert anything therein le galiz ing ng it the laws of utah are silent on the subject there naver never has beian een anything any aBy thing proposed looking to state legislation upon it and here there are good grounds for this assertion sert ser tion lop tho latter laiter day saints do not consider this question of their monogamy or pura lity with in n the we purview of the state but ut purely an ecclesiastical matter governed by divine iava lava and admin adain and regulated under divine authority we therefore affirm most emphatically that no such selling belling out or exchanging of a religious or ordinance for a secular privilege was ever proposed or contemplated by the representatives of the cormons mormons Mor mons either in convention or it IL in a public or in private in poTi political debate ora orin in religious chis 0 ass assemblies we aro are not nut made of that kind hind of mater material I 1 a farmers FABLERS thre thee following hints to farmers collated from an article in theara the umra jeru zie rie farmer are all applicable to the agriculturists of utah to whom they aro are re offered as advice that may prove very pr profitable bothem to them thom in building up an unprofitable farm the first aim should be to stol stop the process of running down to pay first expenses and then a slight yet incites increasing sing profit profits unito and to thia this end both thought and labor must be directed if it Is possible reduce expenses dispense with everything except plain food and Id darse coarse warm clothing above all pay pity cash as you go go everything has to be paid for in the end and the whole credit system is a delusion and a snare enlist the energies of each member of the family in the great effort tosane the farm keep a strict and honest account with everything about the farm so that you know exactly how you stand every successful farmer keeps strict accounts this enables the farmer to define which field and crop pays best barn yard manure manur e decayed animal anim m al or vegetable matter refuse of every description boe bof bones 3 s gathered up in waste places leaf mould hauled from the deep ravines all these must be utilized and their effect will soon be evident A EXECUTION f A MOST lost ba barbarous 13 arous and sickening scene was preseD presen presented ted at he the execution of benjamin hunter the matr murderer of john M armstrong MA which took place plaue at camden new jersey on the loth inal the hanging banging was done iii id the interior of the prison where knovel a novel arrangement had been effected for the purpose e A rope was nixed fixed so that the yaw U ft L boloin hole hoie in the ceiling the ne other part dassin rr ryver v a block on the floor above an and d ir through another hole in the cell ing 1109 down through the floor below a pound weight being attached there other end but held up by an attachment rope EO that when tho latter wait wag cut the fall of the weight would suddenly jerk up the noose end some sime distance from the floor spectators were admitted by passes and according to an account in the new york herald berald they wera were mostly boughs of the worst type who swore smoked and profaned during the whole proceedings cee eee ce the officials acting little better hunter who had bad confessed his guilt had made an attempt at bul aul cide a few nights before by severing the arteries of his insteps with sij a jagged piece alece of tin but although he bled profusely profusely he was bandaged an and manacled mana cled acted and doctored up to keep life in hicso that he might be strangled to death in conee consequence of this he waff much |
