| Show IS IT A JUDICIAL ANTI MORMON CRUSADE THE refusal of judge zane to admit rudger clawson to ball bali pending his bis appeal to lo a higher tribunal was generally anticipated any other decision would have been inharmonious with the course of the court 14 in a special class of cases and would no not i have accorded with a pro gramme that has evidently been decided upon by the judge with a mission to break up mormonism mormonism sm 11 that the refusal to admit mr clawson to bail vali Is bordering uon upon the extra judicial line of jurisprudence Is perfectly clear sureties to secure the custody of mr clawson could have been obtained to any amount and his presence in co urt here at any time when his cause reaches fil float tion would have been the next thing to an absolute certainty his release would have sub served and not defeated the ends ot of justice because if a final finai adjudication results tn in a decision that he has been illegally convicted his imprisonment pending it Is ia an outrage being punishment without cause before the law should the decree be adverse to him which we think is not at all likely hla hia deprivation of liberty in the meantime is none the less outrageous being punishment in addition tu to that defined by the sentence looking at the ref refusal to admit to bail from any standpoint it is opposed to commonsense common sense and therefore opposed to good law the two terms being syn oni the position assumed by mr clawson when asked by the court whether he had anything to say why sentence should nol not be passed u upon on him was noble and consistent fil fit ft defined his position clearly lie he believed the law which deprived him of the right to practise his bis religion to be unconstitutional ana when the laws of af man conflicted with the law of god he was 1 bound by the rule of conscientious conviction to abide by the latter this expression elicited a discourse on jon marri marriage ae f from rom the judge but however in much 0 of f an adept he may be as a judicial iniss missionary conary in other respects sermonizing sermon izing Is s not his bis forte his address was vlas specially specialty conspicuous for its attenuated character it ft was dreadfully incongruous and contradictory throughout he said that monogamy Is the institution which that source that manifests sit alk things lias has manifested as the union existing between man and woman in civilized uncivilized society he gave no evidence that that infinite source 1 had authorized him to speak as the oracle thereof and people generally will not be apt to receive tits his state statement raen without reserve he should hamem ber that one of the ablest statesmen lawgivers and administrators of the law under that infinite source ol of which bistor history y gives as any information was a practical tic til a I 1 polygamist and through him were given statutes atutes gt intended to re regulate that form of matrimony an and it as is from moses that the fundamental principles of jurisprudence which govern civilized nations are derl deri derived vedi we ve do not however desire to discuss that part the ground assumed by judge zane but to refer to another point in which he gave himself away most marvelously said judge zane in his sermon taj 0 mr claws claw 0 on n the constitution of the united states as construed by the supreme court ourt and by the authors pt that instrument does not protect any person erson in the practice prad tico of polygamy polygamy while all men have a right to worship p I 1 god je cordIng according to the dicu dictates tes of their own conscience and nd to entertain any religious reli rell clous elous belief that their conscience and judgment might reasonably dictate they have not the right to engage in a practice which the amer american ican peo pie the laws of their country declare tb be unlawful and injurious to society thus the court admitted that a man has a right to believe as his conscience dictates and he cannot be rightfully be punished for it now hear what he says I 1 confess that I 1 should have been inclined to fix this punishment smaller than I 1 shall were it not for the faa fad that tou you on openly enly eniy declare that tha t you be bei bel i ilett lieve it is ag right to violate the law that yon belleve believe you are right in doing it be pertinent to ask judge zane how much muth punishment he inflicted on mr clawson on account of bf his belief and thus thug violated his own theory to make it unmistakably plain we will say that had mr Claw sons bons belief been beed unknown to the judge the sen tence would have been two and a halt hait years imprisonment and 2 findon nine fine on the charge of polygamy and three months and loo on the unlawful cohabitation charge then one years year 1 s imprisonment and fine tine are imposed purely irely on ace account aunt of mr Claw sons sona is befit belief how is 14 that for justice in a free tree country how flow is that for toleration of even religious iou fou s opinion leaving leaving practice out of the question how Is S that for fanaticism on the bench how Is ia that tor for judicial missionary business the I 1 refusal fus at t to 0 allow mr Claw sons release on b bail ali all pending his appeal appears to ad admit ruit of one of two constructions one is that the matter being in the discretion ol 01 of the court there must have been some feeling other than that of in breast ot of ludge judge the other Is that a specific program me has been decided upon for ulterior purposes such as the opening of an avenue through which it Is hoped that hav anh any man in the community innocent or gli gia guilty lity can be deprived of his liberty it may way be presumed that renwith men with anti antl missions havea hadean nidea idea thattie road leading to the imprison ment awill at will of any ahr individual that may be deemed objectionable has already been paved the ground being compos edof the following flags an open venire outside of the law by which grand and petit juries can be packed to indict and convict A court that allows the prosecution a license never witnessed before in any court on this continent whose rulings are anticipated by the spectators of its proceedings being being almost exclusively on one eway way indeed adee the objection is overruled and eithe esthe the witness may answer the questions question have beco become me stock expressions combine this situation of affairs judicial with a refusal to admit convicted persons to ball bail pending an appeal to higher tribunals and it can be seen how much safety there Is for citizens against whom charges char es maybe may be preferred judge zane in his sermon on the bench spoke ot of religious superstitions whose pathway has been lit with the aagot and red with the blood of innocent people let him scan again the pages of histo he will discover that unjust and fanatical judges have issued the decrees that have consigned to the stake the sword and the prison those who have been the worlds martyrs t rs for conscience sake the saylor savior of the world being bein no exception to the rule |
