Show I 1 I 1 ABLE SPEECH of hon ilon joseph A west the tile house louse conin committee littee i z M 1 I 1 af I 1 r 1 p i I 1 F t ON JUDICIARY I 1 I 1 in opposition to the new now ed munds bill and in reply to F I 1 Dili gatell baglan k 1 he i the following is a verbatim report of the late splendid argument of hon lion joseph A west of ogden delf delivered before the house committee on judiciary dicia di ry il af at W p bingo n in in opposition 1 n to th q new edmunda df t bill and I 1 in n re IV as k I 1 n mr erwest west mr chairman and gentlemen tl emen of the commit t ee it is some what unexpected to me to be ac I 1 corded the privilege lege of appearing before you andrakin and takina part pa ri in this als cassion cus sion although it is an opportunity that imaye I 1 baye desired ir sVing been a member of the late utah legislature and a resident of that territory for many years I 1 believe I 1 cin can easely claim to possess a knowledge know leige of all the local and leading issues that at present that distracted community ganaj and lle sire if I 1 may ay be able iii n the linued di time at my attee dispo mij fo 0 o lay before this committee comin in the true condition of political affairs there thereto to how show to what extent past lias has been effective in punishing I 1 uni Shing bigamy polygamy and un liow low far the rights wd and liberties of that people had bad been encroached upon by those acts ind by the tile efforts that were being put forth by the tile federal of that territory prior to the passage of the poland bill the territorial authorities had charge of all criminal prosecutions unde the laws of the territory of utah by this bill however the ern ninal business cf the territory alfs under the laws of the territory Terri territory tor a hafi transferred to the united states authorities of ter T attorney gujral pe ueral ter rit territorial district attorney who pera era to appear in behalf ofa of ild people and who were elected in conform con laws that I 1 en paswell by the assembly and deverdi p y id by congress and i bobr abuse abase of power efad existed were done away w wath jib and billj e paw d r 9 a ab authorities elloit le confer red led upon united states officers bilde bill theiU ahei united sited states district attorney has power to I 1 appoint an art unlimited number of assistant the IV power to appoint an ut unlimited num ber er of united states coin commissioners mission ers committing magistrates the rhe marshal marat ial lias has unlit unlimited power to appoint deputy mareli hals als the results that navo havo followed this enactment and the tile sweeping powers thua thus conferred upon thieo ie is evidenced by tile number of federal officials who exist in the different parts of the territory ism that has grown tip up under their administration of the law jn lne e village 0 of f a any considerable 1 importance we find a united states commissioner MISS IODer in every settlement of any consider considerable abie importance we find deputy marshals we find district attorneys to attend to all the criminal ba baseness siness th that Atway may arise cither either under tho laws af congress or under the laws of the territory by a recent bf the supreme lne court f utah and from which I 1 am very happy to state judge zane has dissented all criminal jurisdiction of any importance lias lies been withdrawn from the justices of the peace here liere tolore they have exe exercised raised jurisdiction under i a territorial statute authorized zed by the organic act providing provi dine that justices of the pac should have criminal jurisdiction in cases where here the penalty did not exceed six six months imprisonment and fine the result Is that the united stales states an in utah the three district courts and the Supreme Court have almost the entire monopoly of the tile criminal business and nine tenths of the abe civil business arising both under the laws of the united states and under the law of the territory 1 submit gentlemen that in th these eso matters the cormons mormons Mor mons lia leave ve 11 no 9 no mormon is found among tho tile deputy marshals no mormon is appointed as commissioner no mormon ormon occupies any po CO court urt buto but 6 who aro aye ve vehemently opposed opp ased to the mori i moa people in their utterances n ces and n nd their public career carter are the men who are selected for these positions men who to them ana and arc are seeking constantly conel antly to procure additional dit ional legislation to further enslave the people of that territory mr baskin in hie his arg argument ament called the attention of the committee to the fact that only about one hundred convictions for unlawful cohabitation and but two for polygamy had occurred in utah aiace prosecutions actively r begun a little oyer over a year ago I 1 submit ifft if it is not wonderful that so many convictions have occurred when we cor consider isider the vast amount of bu business alnesA that the non mormon ring in utah has succeeded in monopolizing in the three district courts over which they have exclusive control and also iq in view of the further T fact act that be actual 1 practice pf of coln polygamy amy has bas iso so eiten extensively ceased and that hie leading aply are either in prison or in exile tome to me and to t ph the e p people le of the rapid rapidity iti aa this W kah rk haa ha ie is mar valous in the t d extreme and ie is only at to the very summary proceedings ce had anal tho the extra jud judicial acial methods p e 0 o as em employed aloyed in lit all these casos n nd d t to which I 1 will fully refer here after her here wo we bavo have tha a district courts cor conductive conduct ine almost me entire civil and criminal business buei of a territory larger in area than of new england land and containing a frontier eitland Ent agricultural cultural and mining population air 0 of about people the tile mining litigation alone if properly attend ea eato to would almost almos occupy the en tire lime tithe of one court think of it gentlemen and ask yourselves youre Ybur elves selves the que question tion if under these circumstances so much lias has been accomplished in lit 66 so brief a space of lime time ia Is it not the best beat proof that can be offered of the efficiency of the law as it now stands and that there is no I 1 necessity for any further legislation a upon th this s subject what was the object to be obtained by py the transfer of all territorial criminal busi business nepa to the federal authorities in butali why have tha they desired this the laws of the he territory were properly executed under tinder the tile for former mer adamini administration the people w were e satisfied with the thin officers who executed the laws th non mormons bad had no for if they failed to gut la ill any of the lower courts they aiwas s and I 1 ad an appeal to the district cartr the district courto courts have ever held e concurrent and original ual jurisdiction with all we courts of the territory and pat parties patties ties could immediately maye fuyu muyu the their i r cases without even joining join issue as was stated by mr richards in g ases of divorce di orce before nn an answer wae was filed the non mormons had bad a complete and effectual remedy for all wrongs did any exist but it was hot the object of this legislation lepi to secure and promote anstice jt was simply to rive give these there federal officials an entire monopoly of this business and thereby enable them to increase their emoluments of office the object t was to hava have unlimited power to bring an unlimited number of prosecutions to harass baras and annoy the people of utah to pile up heavy bills of expense to eat out the tile peoples substance and to make themselves wealthy butof out of the spoils of the people or the comard of the government in nearly all criminal prosecutions there the costs are taxed against the defendant and es specially ally is this the case hen the de des fondant is a mormon ae As y 1 I result some of the most outrageous abuses abu sea of or power have grown up under the federal administration ill in utah I 1 have some of the recent pa pera pers of salt lake city which present I 1 a shocking state of affairs af Taira there is one article which refers to a raid made in the town of payson I 1 will read a brief extract from aa editorial editor jal in the salt lake herald of april sir mr baskin mr caine I 1 believe ia is the editor of that paper mr west no sir albeg your par don he is is not the editor of that paper I 1 mr Bask ln he ile Is the proprietor mr west no ll 11 he ba i not the pro krietor either mr batkin I 1 did not interrupt yon oil yesterday although I 1 listened 0 to o you for four hours and during that time heard more falsehoods than I 1 thou thought slit it possible for any one man to utter in so short A space of time I 1 will appreciate it if you will not interrupt me any more I 1 will eay say that the fealt salt lake herald is owned by a joint stock company mr caine may be a stockholder the stockholders are very nud brou s I 1 think there are gome for forty or fifty ml mr kainu L noat n oa luor A mr west byron groo a non none mormon i is the editor in chief mr caine bas nothing to do to with the maua management gement of the paper any more than an any other stockholder that article roads reads as follows the united states deputy marshals from this the third district made a abaid raid into another county and district on oil monday the tile third rd district is is the principal district of the territory and the ono one in which the greatest amount of business is done the they went to payson in the first Di district where alic y d a number of persons ae as witnesses to hoaps AP pear before the grand jury I 1 think the number of witnesses witness es subpoenaed on that occasion was about twenty I 1 have another reference to it in some other paper bu but t I 1 have failed to lind find it mr caine state lw how jar lar P payson a son is is from salt lake city mr west V est tha article itself will give that information mr caine oh very well mr it resuming the he r reading rea dinc these s ses were brought to salt lake city a distance of perhaps 70 miles and being taken before 4 a commissioner were compelled to give bonds for their appearance when wanted the herald respectfully aska asks mr attorney general gar garland land as bead head of tho the JUS justice and the Fede federal ial 0 official f immediately charged with tho tile duty of seeing that expenditure expenditures of money by the tile department 11 ary re wisa and economical if he authorizes th orizes or approves this sort of thing or does mr garland understand how thine things are managed here hire in hia his name and apparently by we have frequently called attention to the rec reckless klem outrageous extravagance on OU the tile part of the court clique and propose continue the exposures until there shall come a ciro for the evil though the effort may carry us beyond the actor ney general for the remedy the motive actuating the officials Is fees to got as much from the government ernnie nt as possible end and keep it it in the binds hands of the little ring in mondays raid reported in our local column columns the deputies went irom from this city because the fees would be skater g rat e r than if the service were made by the deputies in the first district had the latter served the subpoenas the mileage would have been for perhaps per hapa 2 au miles while now it wilf will be charged for more than thanh ahre ree taj times aea that distance but ut tho outrage is more than ever glaring when it ie is known that a united states commissioner resides within an bourt fride of payson yet the tho witnesses were brought past ast hi marld carried 50 miles further rt in ai order that t the pet e commissioner in abie city t ae get t the foes in tho case casp it dd be horne in mind that abi these ese are not hound bound over to appear r before the grand jury of this a district t hut but to go before the in inquisitors 0 of ft the first district at provo near ne art the e homes of the witnesses can any other interpretation be put upon the business than that tho the running up of large fee bills la is the object of tho the marshal the district brict attorney and the favorite corn coin missioner mias loner ner if the first district benu ties are incompetent ot QI incapable 91 a faithful faith fu of their duties nt the proper course ba be to res ro move more them and install others woud would be efficient 0 la in order that the committee understand the situation of this with reference refe renco to salt lake city I 1 will simply state that provo ie a situated here fibre indicating and payson immediately 1111 mediately med lately beyond provo ie the c city i ty in which the district court cour t of the second judicial district is 13 held they salt there waa was a commissioner and ind a number of deputy marshals pars hals in provo the grand jury before whom these people had to appear met inet at provo and yet et th they ey went by provo to payson and an arrested these witnesses on summary processes brought thim them all the tile way back to saat lake cily city a distance of 70 miles and had them examined be fore Commissioner buckay mckae I 1 am personally cognizant of the fa fact ct that colum 1 aloner mckay has cono gone from salt lake 1 k to t 0 ogden a dia dis tanco of 30 miles in orar order that he ile hialit have ive the preliminary elamin ion tion of certain coines caes there when w we 0 have had two and sometimes som three e commissioners in a be city commissioner mi mckay seems to be a great fai fa evorite with tile tho district Dietrict attorney and has had a monopoly of this business business in in that section he ile has often been brought to salt lake city to conduct examinations I 1 have an affidavit in regard re ard to the conduct of the marshals to which I 1 desire to call attention I 1 will read an affidavit made by bradford W V elliott El llott he ile is not a mormon I 1 have a cumbea of affidavits to the same effect but it would consume too much timo time to read them all alk the following is his affidavit TZ or UTAH 1 county of salt lake L ale I 1 se bradford IV elliot being duly sworn 72 rn deposes and says that on october b 0 1884 lie took the tile place and andas as su of 0 glaid at the utah penitentiary under a appointment from united states marshal mars hal ireland that said place had been vacant prior to my y assuming its duties about eleven d days s that at the end of said sali month he al at llant fiant signed a voucher for the that I 1 full months pay to wit w it that of october 1881 that said pay amounted to 75 but that he lie revolved iet rev eved elved but 2903 of that amount being pay for twelve days lays service and alli anthas no doubt thac that said voucher was filed flied against the tile united sates states to the credit of said marg marshal bal and affiant further avers that a man named kendall informed him that lieU AI ened K a voucher for full pay when ft hen fur for ill nino ue layf the place had been vacant atilana avers that a man named A G neeper informed ormid him that in september amber tm ber 1884 potatoes which were raced on t lie government farm by convict labor wera were sold to or charged to thu tho government in the support ot of the convicts in fit the at the rate of 75 cents per bushel when t they hey were selling lor for 35 cents per per bushel buhel in ili the market at salt salt lale lake rutx WH T P vi 41 ault neeper was BM IV ELLIOT subscribed and sworn to before me this lath day lay of november Xo vember A D 1885 SEAL clias IV N notary public salt lake coun county y p tills newspaper 13 full of affidavits some somo of them showing how rewards arc ate offered bv by the mars marshal hal for information that will lead to the tile conviction of how bov he lie requires hia |