| Show 46 POLITICAL authorities AND THE COURTS THURSDAY afternoons proceedings in the mammoth mining suit in the third district court published in yesterdays issue before judge Hea Hen derao derado 0 would be perused with interest they developed a now new phase of the long train of singular circumstances that havo have characterized affairs judicial a and nd political iii in this territory for some time in many respects the one class of interests has been hand band and glove with the other the purpose to preserve that unity and make the one ne at into and aid the purposes of the other projected with much prominence on the occasion in question the panel of the jury was well nigh completed when a bamber of citizens mostly I 1 mormons cormons Mor mons summoned by open venire were marched into the court room joshua midgley a mormon was called and answered satisfactorily the usual questions as to general qualifications when the point wa reached when it appeared necessary for him to subscribe to the oath prescribed described bed by the edmunds tucker K law w in place ot of it however the one framed by the loyal league political schemers was handed to jud judge henderson who was acting in age the e third district in place of judge zane in answer to a question the judge was informed by the clerk that the oath then presented was not the one formerly used in court but bit had been subsequently approved J by y judge zane this statement on the part of the clerk was a misleader in n a judicial sagacity caga capacity city judge zane had bad never approved any other oat oath than ag the e legal gl one aae formulated by the utah commission he approved that in the strongest way in which anything could be endorsed in the first place e he be subscribed to it himself as an official offic M of the government in the next it was administered in his bis court to jurors and others i thus thas it was approved as cerfee perfectly ly legal by personal off official iclal acceptance cep tance and practical application in the court jud judge henderson then Fre presiding alding over tf the court in thein the initiatory iti proceedings in the trial of morris vs the mammoth mining cowpony company declined to depart in the matter of the oath from what had been adopted as court practice by judge zane attwill it awill be observed by an ac in another suit sait in in to days issue that he somer faulted yesterday from his consistent position in that regard token taken on thursday mud and used the oath prescribed by the secret political body called the loyal league mr bennett of counsel for the mammoth company blurted out anso the origin of the oath this his was unnecessary as a comparison ot of it with the form issued by the political schemers to the registration officers shows the one to be identical with the the gentleman was not very ingenious however as it places place the court in an unenviable predicament the authors of the illegal oath are according to mr bennett political authorities silve save the mark alewe are we to understand from this thai that the courts of this territory are to be conducted by political authorities or ought they to be independent aimin administering the law fairly eairly and impartially partia ay how does this look in the way 0 of corrupting judicial channels A certain ta in formula and practice obtains in a court presumed to be a court of justice a body of irresponsible men dubbing dabbing themselves political authorities ties 11 prescribe new formula and practice toe the old ones are abolished and the new ones adopted does this look as an if the courts of this territory were being surrendered to the manig manipulation of political authorities to be used for political purposes those of a purely judicial character being to say the least secondary place this inter rogation oNy by the side of mr bennetts assertion he is one of the political authorities I 1 sud and see which way it could be answered it can be readily seen why the he political authorities should desire t the judicial authorities should be in their hands bands like clay in the bands of the potter wherever the oath prescribed by them can be enforced this gives it prestige and strengthens their scheme to steal the territory in this way it is probably hoped that the sound legal position of the commission will be weakened and their own fortified then there is the point of having the courts committed beforehand to a certain lime of action in case of contingencies that might arise out of any proposed political outrages that may be in the minds eye of the political authorities it if the grimy hand band of that secret conspiracy known as the ill loyal league is to be stretched wi within t hin the cou confines tines of the courts and control and manipulate their formula and practice then a the situation deplorable indeed it if this be eb ab the enemies of human rights and justice ustice have no barrier over which they would not leap in order to attain their ends unless it be perhaps 9 their own person personal a I 1 p peril ert should they overstep the limit be beyond yo ii which safety would not be to them insured |
