| Show WAS IT AN OUTRAGE THE maim arrest and subsequent treatment of hon wm win budge at ogden constitute in our opinion nothing short of a flagrant outrage he was taken into custody on speculation ula tion deputy exum evidently acting on the idea that possibly the gentleman might be wanted ron eon some charge he was unable to state any accusation and therefore could give no reason for the arrest even the pretense that the action was based on suspicion could not be made as he could give ro co evidence upon which that s sentiment e could rest when this showing was made to judge henderson on habeas corpus proceeding roce eding it was his plain duty to ti discharge the atie prisoner in the absence of one particle of evidence upon which he could be legally held instead of this Mr Budge was not only remanded to custody but the judge refused to admit him to bail the position can only be defined in this way the liberty of the citizen was made subject to the whim of a petty officer the prisoner was deprived of his freedom without even an accusation against him so far as the deputy was aware the judge in declining to liberate the prisoner in the absence of any reason for holding him practically suspended the writ of habeas corpus thus usurping the prerogative vested alone in the president of the united states and exercised only in times of great peril such as the invasion of a state or in the event of insurrection or other ether violent disturbance the same functionary also violated a plain principle and provision of the constitution which forbids the demanding of excessive bail to refuse to admit to bail at all is the most flagrant breach of this requirement of the tee supreme law of the land As to whether mr budge may be amenable for some C charge exist loR against him outside of the territory does not enter into the question the officer knew nothing to that effect and there was no evidence in that direction before the court the leral legal prop position must therefore be p plain f mn that the prisoner was deprived oi of his liberty without due process of law had it not been that the prisoner is a mormon and holds a prominent ecclesiastical position in the church to which he be belongs the probability is that neither the officer abr the court would have acted as they did thus prejudice appears to leap the barriers of the me constitution and general judicial ewhen a mormon is the victim |
