Show MORMON NEED APPLY I 1 THE OF TUB TILE FIRST DIS thice COURT OGDEN utah sept 1886 to the editor of tie the deseret news r the recent contest for the ot of the first daiy diy act court couil was a farce Longue long before fore judge henderson left michigan we local supreme rulers ot of the federal courts in U utah ash had bad decided for his honor in that matter anu it mr dickson or mr hiles hilea haa baa been candid e ough to make public their predetermination that no aloi won mou becu apply several persons would have been spared expense aud and trouble 1 was wad an applicant for the position after each ot of the ta two positive uta were made by b members oi of the committee that I 1 had bad excelled all other yet the place was finally givel to another I 1 desire to oake make a public growl not mot merely because ot of defeat out because of the contemptible bigotry of the au alio commanded and secured that defeat when I 1 ventured to contest for the appointment I 1 imagined that personal integrity aud and competency were the requisite qualifications the 1 he statute did not that thai a person leibon to be eligible must be a area red hot crusader the majority ol 01 people and I 1 had boit bigat ot the fact that me district courts were reputed to be exclusively clu and absolutely the property prop eity ot of anti cormons mormons Mor mons hence I 1 leaving a score of recommendations as to ettice ency edey and honesty from prominent lawyers I 1 was impertinent enough to 10 tile an application with judge henderson shortly afterward some of my friends obtained direct information that xe re ot or all tests which might ensue en sue mr john W pike would be given the I 1 place tie he had been foreordained fore ordained for the calling by the all powerful soar deigns of the courts from before the appointment of a contest and yet as late 1 as the right night preceding the first examination I 1 was informed d by one of the committee that harmel pratt and myself e would be the only corn competitors editors eti tors ma judge adge emerson james JS cimball tim kimball ball esq sq ind and assistant district attorney ogden hiles iles composed the first cum corn cittee mr pike appeared appealed on examination day at ogden and we were tested separately before two members ot of the committee the work was not very severe vere and I 1 asked the exam examiners luers to increase ane speed of reading but they decided that no further trial was necessary later one of the examine ers era stated that I 1 had led mr pike words in five minutia minutes and that my notes had been read much moie promptly than his but he added that mr hiles was determined to ig ie nore dore the test and recommend commend le mr pike as 1 I being a mormon should not on any account be permitted to have toe place the gentleman objected to this course coarse had ana it was necessary to wait await the coming of the absent examiner to decide the tie evidently mr hiles could not get the necessary vote in id his favor for on the afternoon of the next day the contest was de claid off 0 ff I 1 and a new examination was appointed to take place in provo on wednesday last mr pike did dia not enter the second contest preferring very strangely to stand by the ogden examination judge emerson udd and A G sutherland therland bu jr gad and david evans were the examiners mr hiles was present in spirit if not in person the morning after the second ex animation a member of the committee called me to one side he told me that the test had bad again resulted in my favor and that the committee considered me best qualified for the place lie he then asked me if I 1 were in full fellowship in the church I 1 replied that I 1 was he stated that this was the only objection to my appointment but upon this po point I 1 ut the prosecuting officers of the court were making a bitter tight light I 1 A little later the father and professional partner of one of the other examiners beckoned me from the court room he stale 1 I as if by authority and as it this settled the contest in my favor that the examiners were agreed that of all the contestants I 1 was best qualified and would render the most val valuable u able service as reporter hedel he delicately asked me chica I 1 would consider paramount my oath of office or 01 tae behest of the church pointing his bib application by saying salix 1 if I a on kon of george orge Q cannon or sohn john taylor were to apply lor for the place you can see what the inference would be naturally indignant I 1 replied to him with emphasis mat no question of the kind intimated by him so far as I 1 was able to see could possibly arise that I 1 would in all things pertaining to 10 my duties as reporter be governed by the law and my oath of if office domce and that no person nor influence would ever be able to make me falsity falsify one tittle of evidence he answered all right then with an air which was equivalent to saying the appo appointment hAment is yours the fight of the examiners with the prosecuting officer to see ree whether their views should be sacrificed to his mandate lasted until saturday Satu iday when the recommendation of appointment was given to mr jonn joan W pike the man selected by the courts richelieu today to day I 1 met one of the exam examiners and asked him why the committee had made such a peculiar report here he re plied in effect as follows and almost in these exact words the committee had nothing to do with the affair it was controlled absolutely by the DIS riet attorney the question ot of competency was not considered there was no impeachment of your efficiency or personal integrity you know from the questions I 1 put to you at provo regarding religion why you were ignored this examination was ostensibly made maae to find the most competent person possessing the other statutory qualifications tor for the position religion was properly Jerly no part ot of tile the question and no rean whatever his position had bad any legal right to dictate to the committee but in this as in other things the law the court the bar and ue tie citizens proposed but the district attorney disposed yours respectfully DAN HAMER |