Show legislatures AND JURIES the salt lake tribune in an article headed the leaked truth diacou reee as follows it is a strange situation where a majority of the territorial legislature would get up and ravely morsuo a cause an then solidly to sustain their argument when there was not one of the whole band hat would dare for one moment to submit the proposition to trial by a jury when a man on the highway with a pistol holds up his neighbor and takes from him everything that he lias avery exertion ia made to arrest end punt eh the robber hut in this territory we have had an example of where nearly majority of the legislature has made a city bold up its bands and give to the robbers the key to safe with the governor of the territory the holdups on the back and that any resistance re istance on the part of the city would b sectional and would lead to bitterness the truth above set forth if it be truth at all is well described as naked so naked indeed that it will not bear public inspection to set up a trill by jury lo 10 determine the matters coming alie contention of tho tribune namely the adjustment of the school tax would require eliat tho jury should decide according to the law and the testimony any competent judge would that such would be their duty now in carrying a legislative function before a jury to bo there determined ter mined as to its application in a particular case the court would have to be charged with the original functions of the state that is the people of utah the court representing the people would say to the jury decide whether a school levy of three mills on the territorial assessment ses is just the jury is informed as a matter of law eliat the teni tory respect to school levies is one district and eliat the proceeds eda are to be distributed pro rato among alie children of school age the people throughout the territory testify as a matter of fact eliat a three mill is necessary and they say that their counties will levy as much or more in addition there are no other matters of fact brought before the jury except that a few salt lake men say they dont want to be taxed for the benefit of children outside of salt lake county now this jury baing composed of the members of alio late legislature will brine ia their verdict in avor of alie oliree mill tax in with the law and testimony benco the tribune is simply misconceiving the conditions it imposes upon itself when it proposes to try this matter on its merits before a jury but a worse feature in this naked presentation of the tribune is that its underlying theory is to deny tho of any territorial levy for schools whatever The only condition on which the tribune could win its case before a jury would also win as against any levy at all now it is not worth while to call the tribune ignorant or stupid because it is not but surely it is caught napping it knows when it gives itself time to think that thap three functions of government legislative executive and judicial are distinct and that neither can trespass upon the province of the other I 1 here is no way of exercising the legislative function through judicial discretion neither can decisions of individual cases be construed into statute laws it goes saying that no court whatever is clothed with the power to determine such question as came before the legislature no court would have a shadow of ground tor that it had even alie remotest jurisdiction surely such question is better de aided on alio general principles and inspirations spi rations of american government and institutions no paper has spoken more nobly than alie tribune as to the grandeur of the idea of popular education as to the hope it forecasts tor alie future as to the just subordination of property to its attainment as to its being the only guaranty to the safety of property and the permanency of the e tate it dont look well just now for the tribune to go back on all this nobility of sentiment for the eake of few men who have to pay a mill more on their assessments alian the tribune proposed better feel glad that the masses aie so earnest for an education and that they expend the money so faithfully and with such fruitful results |