Show TRE THE CONDUCT OP OF ehe THE urless irless in the hemenway libel case at ogden judge powers made nade some tome very 9 glod god remarks anthe power of the press and and necessity of moderation ile he sald said he wished that instead of arraying one fact against another leading the people up to perilous tunes times they would use the great power they have for good for good vod order for foi peace that they would assist this territory towards an era of prosperity and not alipra an era of trouble the utah newspapers have adopted the use of very veit strong language and hub sub I 1 acts have been discussed in their columns which are not of the most moat savory character but this course has been imposed upon some of them by the torce force of circumstances cormany eor for many mans years the deseret news newts refrained lears from rom noticing the scurrilities and wilful falsehoods poured out in a daily stream of filth from a paper that acted as the organ of the federal officials judges included of this afflicted territory our silence was misconstrued into inability to answer or even deny beny the monstrous libels against men women and aba children as well as Q the c community 0 in 1 in general which were the chief pabulum dealt out to tiie the public the salt lake tribune no federal judge called the attention of araud araua a grand arand jury or the public to the degrading lang langelage ian lan guase liage ilage and vile utterances and daily exhalations exha lations of that cesspool of slander its pretended facts were not advert adverted ed to nor its blasphemy and blackguardism condemned when it became bicarme sa outspoken of its principles as to actually recommend atie the saloon the billiard hall and and the bawdy house as worthy wea weapons wherewith to combat the influence of 11 no word of warning or dissent was ever eard from the thy bench or the pulpit jud judge jude e powers now objects to the I 1 arraying of one fact against another bul but does oes he expect strat the tho policy ot silent id nt patience can bo be perpetU perpetually dlly continued are falsehoods to te be fon for ever published without a word in rebuttal does he imagine hagIne Ir that the 64 mormon press and people are so credulous as to think there would be any chance for justice in a prosecution for libel against a paper which has apparently patently ly been the pet and organ orga n 0 of f 2 t the e courts and its officers fact will have to be pitted against falsehood and the villainy of wilful liars will have to be exposed by the press until there is some probability of the triumph of justice in the courts of law the ian lan language aage used by editor hemen which he has been prosecuted Is gentlemanly and eulogistic in comparison with the billingsgate billings gata gato which has emanated from the tribune we refrained from even mentioning in the he t name of the unclean thing until it became a trifle more mote decent than it had been for years its lan lau language guage now is actionable almost every day but that thai is not to be compared with its previous common vulgarity abuse and obscenity the editor of 01 a adorm mormon on 11 paper is s prosecuted chiefly through the invitation vi of judge powers cowers rowers the anti mormon have never been judicially attended to until there Is some siance semblance of fairness in the treatment of the libel question quentio judge powers need not expect that a homily from the bench will have any good effect there is another thing thin g to which we direct his attention the course of the judiciary here has ifft nt been in the direction which he desires desres the pressa to take on the contrary it lias has been as much or even more calculated to bring about the evils he deprecates than th the e action of the press not only have sectarian tirades been delivered from the bench apparently for the purpose of aro arousing usim the fe feelings elinas of the tha com manita t to the most intense anta antano 6 cism nl but d direct and atrocious fa falsehoods have been fulminate din charge charges to juries and sermons to convicted defendants fen fend iddles ants delivered with a venom and a demonstration of passion quite out of place in a court of justice and both degrading and contemptible in a judicial officer while judges on the bench indulge in such suon unseemly language and intemperate exhibitions of cannot be wondered at that the press furnish the public with inflammatory material if a judge on the bench in a cowardly manner lashes lashes a defendant with the vigor of a malicious tongue when his victim is bound as it were hand and foot coot with no po chance to defend himself is a writer lor the pres press required to pass ass as by such conduct without comment it is his right and his duty to criticise criticism critic ise such unseemly displays of petty spite and judicial spleen and if peace is desired desire and the influence of tile the press is wanted to assist this territory towards an era of prosperity and not an era of trouble let the ju judges does set the example and work in that ndrec ac tion themselves we find no to fault with their enforcement of the law we are not now evela eveh alluding to their strained and unprecedented interpretations of statutes or their seeming deemin favoritism class of the community ind dmd warl mt art arl 3 1 and severity to another uart garl W W arote arota f erring r ing to the libelous ier 6 I 1 muus MUMS un undignified d Igni fled fied attacks 69 M it f and aud violent expressions foliart nare nave been hurled from ule uie bation d individuals a u T anid annd arid ne community these davd t pite as liuch lluch much calculated to lea iea ar hildus times as anything that hits hitt 11 lv 11 pl l the paper of this territory havro havre tto alto oku kjall dress Is possible i in utah when a fed L uv irs a whole people or an ii placed at his deicy zan jan du anything be pictured more cowardly ar cily city tuan the figure of such a judge shel shei sheltered teed by the panoply of tile the law hedged around by all the protection of his of streu strep strengthened in the knowledge that popular prejudice will wink at any of nis tits excesses if they are only I 1 in n the line of tat gmt animosity secure iu fit the conviction that the only power that can reach him will not interfere inter tere in his vindictive nelms pouring out the vial of an soul upon the bared and defenseless head of his tits victim made datuk by bv the rules of the court and compelled to hear his actions misrepresented e his motives misconstrued his language distorted and ilis his wives 1 and little cali call children dren defamed and vilified in public no words we can frame express ress the contempt we feel for such a budge judge and for those who sustain his cowardly and vindictive course and wt wee do not propose to be silent under such circumstances neither shall shail we refrain retrain from proper criticism of the doings of any public officials whose actions affect the people whose ause canse cause we dell deil delight wiit glit to delen deien ct we do not wish to misrepresent sent we have been and intend to he careful not to misstate mis state facts intentionally we nave ap desire ire lre to impute motives not warranted by actions we regret that words have to be used th that atwould would not be necessary if our opponents would be halfway half way decent we have some conception of the power of the tile presa press for good or for evil we alm aim to promote truth and to 10 comba combat terror error and we purpose to continue the battle as best we can facing the odds that are arrayed against principles to which we are devoted and a people who are defamed and oppressed let th the consequences be what they may it will be found that tile the press cannot be muzzled discrimination against one editor will not intimidate others if they are made of the proper stuff neither will an Es assault sault upon men inen shut down the papers that vindicate the tile right ere fre free bree e thought cannot be stifled free speech cannot be suppressed the liverty of the press must oe no maintained license and libel may be and ought to be punished journals ought not to be free to deal in abuse any more than individuals accusations ions lons that cannot be sustained by evId evidence enco ought not to be made by any one papers should be responsible tor for their utterances as well persons aspersions as and anat which will apply to the press should also apply to tile tiie judiciary let moderation govern their spee speech cIT let impartiality be their guide aide let religious and political bias N be excluded from their decisions and their charges and let iet them and other federal ofil officers cers cease from conduct that provokes strong criticism and the press in utah will be milder in language more conciliatory in tone and more con conducive ducile of harmony aud and peace i but while present conditions exist w we e expect to wield a tree pen in defending an oppressed cause and exposing and ana denouncing its libelous and unprincipled assailants |