Show UNSTABLE AS WATER 9 tun complications aud and contradictions in the courts and elsewhere connected with the administration of the oath prescribed by the edmunds edmunda act appear tr tc be almost interminable As has been clearly proved by indisputable evidence adduced in these columns I 1 ine ne intention of the Cn congress gress that passed the law was not to make it a rel religious ous test oath so distinctly forbidden id en by y the constitution the questioning put ut to latter day clay saints preparatory to the presentation of av ao oath for them to subscribe to before they are permitted to serve as luron jurors shows clearly that it is being judicially enforced us as a religious test obedience to god is the foundation of religion the question leading u up to the presentation ot of the oat oath would you at any time in the future obey a revelation from the almighty if it commanded you to perform any act in contravention of the law aw shows beyond a doubt that the courts a ar m con the legal to a mean a religious test teat and are making it so consequently they are departing from the intention of the legislature and as we understand it setting one of the plainest principles of the constitution at defiance the oath itself which has been adopted br by the third district court as appl applied ed to mormons cormons Mor mons called for jury service is of the same nature and trained framed with that intent if the form itself did not incorporate the religious text test ingredient which it does the court by permitting the questions leading up to its presentation to be taken by persons under examination shows that he be who does not accept of a 16 preparatory religious test is not in a condition subscribe to form the vaci vacillation lation exhibited in the courts on the subject has been extraordinary this expression does not meet the case ast 1st judge zane and other court officials ciale subscribe to a legal oath the form being similar to that con d by the utah commission following closely the language of the law prescribing it aad 2nd the same judge administered the same torja tor ja to persons who were examined gs as to qualifications for jury service and as a rule 4 mormons cormons Mor mons ice could aid subscribe to it ara 3rd it appeared desirable that a form in the nature of a religious test be applied mor m on im ight be excluded from service and the one which judge judee bennett asserted had bad buen been framed by political authorities presumably the loyal league was introduced judge henderson who was temporarily presiding in judge zanes court declined to permit the oath prescribed for the courts by the political authorities to be applied on the ground that it was not the same as the one which had been adopted in practice by the chief justice this occurred in tile the course of the of the jury to try the suit of elias ehas morris vs the mammoth mining company ath the following day judge henderron Hende en deroon raon appeared to have undergone a change of heart as he permitted the oath prescribed for the courts by the political authorities to be presented to persons under examination as to their qualifications for jury service ath judge judge zane after having himself taken the oath which lol laws the language of and intent of the law and administering it in tile the court now changes his bis own personal precedent and court practice and adopts the prescription of the political authorities this is a sample of the way in which the courts have been contacted cond acted during daring the nati anti mormon crusade asade cr vor for downright inconsistency and variegated absurdity we doubt it it can be paralleled in the entire history of jurisprudence speaking 0 of the operations as a whole it looks to us as it if the courts were turned lor for the attainment of special ends inton into a sort vf f adjustable machine susceptible of being worked by a series of springs and other contrivances to suc occasions as they may arise it is tj td be hoped that the political authorities so named by mr C W bennett the other day are not fingering any judicial buttons and setting complicated legal traps in connection with such illogical and contradictory situations as are frequently developed ve the objective point of the oath sommer seems to ne e if we find that there is a form to lo which mormons cormons Mor mons will subscribe we will resort to another that so trenches epou upon convictions that tuey will not take lit it in some instances individual flop pings on this subject are as clearly marked as those of an official character mr parley L williams is a striking example of the catch as catch can tactics in professional practice A short time since we published a circular copies of which had been sent seat to all the de paty registrars appended to it were the signatures of five attorneys among them that of tile the gentleman named the signers advised the registrars that tile the loyal cloyal Lea league guelf oath prepared by the political au authorizes authority autho thorit rises ties was all right and proper and it if they would use that in preference re fe rence to the one issued by the utah tah commission the aforesaid five attorneys torne s would undertake to defend them in in the courts free of charge in the event of any proceedings being instituted against them mr williams a few days ays since was one of counse for forthe the plaintiff in the morris mam moth suit and when the political authorities ties oath was presented to a juror to be subscribed to he raised a vigorous objection he dwelt specially upon the constitutional prohibition against religious tests it was an insult to a mans dignity he insisted toast to ask him to take bueb han an oath all of which was very true but very dillier ent from the purport of the notorious circular yesterday however the gentleman again trimmed his bis professional saus sails to catch the pasing pa sing wind of the moment and lie be was in another suit as counsel for the defense elaborating upon tha th good qualities of the oath prescribed by the political authorities and insisting that the dose be administered to jurors under examination we have always had an idea that consistency was an element not to be ignored in the legal profession if we have beb bean mistaken we can only regret it if there is any ingredient of consistency in such supple stipple shift lugs as those we have enumerated it would take a powerful microscope to enable one to discern it if such oscillatory performances are professional one can scarcely feel other otherwise wipe th than an r orry for the profession |