organize a special force in each of of fancy by stubbing his toe against both sides of the controversy before the infected wards? Let the num-| a projecting boulder. the committee. The result cannot It will bers empowered to act be equal to Let there be a sidewalk by all be anything but satisfactory to the the entire subjection of "hoodlum-means, and let it be extended from gentlemen who advocated the adism," so that our citizens may be no the place of beginning as far east-mission of this Territory and to the longer annoyed or disturbed by its ward within the city limits as prac-majority of our people. presence. When offenders are dis- ticable. We hope that some mem- probably prove quite the reverse to covered let the officers sweep down ber of the City Council will arise in the opposers of the movement, as it pon them, without respect to who his majesty and with one sweep of leaves no doubt in the mind of canchey are, and let the law be vigor- irresistible logic completely extin- did readers that the pleas of the obously enforced. guish the flimsy obstacle of inde-structionists are shallow and basecision regarding the particular ma- less, and that there is no good rea This is, in our view, a positive necessity. If the situation remains as it is for any length of time, and the officers, whose duty it is to preserve the peace of the inhabitants, neglect to act in the premises, they will be justly subjected to severe censure. The evil spoken of must be abolished. terial to be used. LEPROSY IN INDIA. We hear a great deal about that loathsome disease-leprosy - in the Hawaiian Islands, where it has obtained a terrible foothold and has decimated whole families and some MUCH ADO ABOUT LITTLE districts. But it appears that in In dia, from which no great outery has number has since greatly increased SOMETIMES small subjects involve a great deal of discussion. The proposed sidewalk for the north side of South Temple Street, extending In 1881, the census shows, there from the Eagle Gate eastward, is a were in India no less than 131,618 case in point. known lepers of whom at least twoThe A proposition was made a consid-thirds were men and boys. erable time since to smooth the path of the pedestrian in that locality. A disagreement about the character of the material that should be employed has caused the indefinite The disease can only be destroyed postponement of the work. There by complete segregation of the sexes has been almost as much debate and the life separation of the patients, over that comparatively insignifi-and this is highly repugnant to the cant improvement as one would expect to evolve from a proposition to tunnel the Atlantic ocean, so to speak. Now, so far as we are concerned, we care not a rush whether the ma Hindoos. Little is done towards checking it, and the local authori- adopt some strenuous measures or A SIGN OF THE TIMES. son why Utah should be any longer deprived of the rights and privileges of Statehood. The Committee have evidently given the subject more than ordinary attention. The statistics they have collected are valuable and highly significant. They will stand as authentic standards of reference. They will doubtless do much toward breaking down the irrational prejudice that prevails concerning Utah and the "Mormons," and aid in the dissemination of facts which will push out of the way the popular errors and absurd falsehoods that have stood in the path of the advocates of Utah's freedom. This report goes to the world, not as an argument of any person, class or faction, but as a public document containing the findings of a body clothed with national authority,after a full and free discussion and a care ful investigation of many days. The conservative manner in which the question is treated will make a profounder impression upon thoughtful readers than a more positive and argumentative presentation of the subject. It is the result of a most determined and malicious attempt to misrepresent and injure the majority of the people of Utah, and the opportunity thus afforded to their defenders was very opportune, and the outcome is exceedingly encouraging. It is the most favorable report ever made to Congress on affairs in this Territory, and is a pertinent sign of the times. terial used for the purpose referred to be asphalt, cement, pavement, or shale, so long as the walk is made smooth and durable. Upon the point of the necessity for the improvement there should be no differ- In this issue is the full text of ence. The residents in that locality the report of the Committee on Terappear to want it, and why should ritories of the House of Representathere be any impediment? It is tives, on the bill for the admission of Utah's cause is steadily, if slowly, one of the most beautiful sites for Utah into the Union as a State. We advancing. Justice is bound to dwellings in this lovely city. The have omitted nothing but the Arti- come in time. Falsehood will be street along which the improvement cles of Faith, the chapter on Gov- overcome and the truth be upperwas, and we hope is, to be made is ernment and Laws in General, and most. The true policy for all the a delightful resort over which to the sections of the proposed Utah friends of this prolific and promispromenade. From it can be ob- Constitution relating to bigamy and ing Territory, is to sink minor differtained a view of surpassing grand-polygamy; with all of which our ences and join in a grand effort for eur. Many people now go there for readers are quite familiar. political liberty and general prothe purpose of indulging in what is A synopsis of this report from the gress. The prudent will see that termed a "constitutional walk," and pen of our Washington correspond- the turn of the wheel is coming and to engage in the contemplation of ent has already appeared in these be ready to jump on as it rises. The the charming scene which from that columns, but we give place others will growl, gnash their teeth point can be embraced by the hu- to the full text as a document of in anger and get left. A word to man vision. The pedestrian of po- great worth. It will be perceived the wise should be sufficient. Utah etic tendency is frequently subjected that the report is conservative in cannot much longer be left out in to a rude awakening from his flight tone, and gives fair representation of the cold or be bound in the shackles THAT ELOPEMENT. of oppression. There is light and rights of each other. This is almost The promoters of the movement there is liberty ahead. inevitable. mean well, no doubt. They desire The position of the press upon to see the day of rest protected and such subjects is not generally preserved by law. They would have wholesome. The fulsome flattery neither buying nor selling, travelit often engages in when such ing nor trading, newspaper reading WE HAVE looked for some criti-events as the elopement in question nor secular employment of any cism of the conduct of young Au- take place is nauseating to thought- kind on the first day of the week. brey, of Chicago, who lately ful people. Journalistic scribblers A Puritan Sabbath is what they go into ecstasies over the personal wish to establish and maintain, no matter at what cost to the country or at what violence to some of its fundamental institutions. eloped with the daughter of Chief Justice Fuller. We have looked in vain. The youthful and madbrained couple have been lionized, and give every indication that they We believe in the religious obrather enjoy the notoriety to which servance of the Sabbath; that is, they have attained. They evidently There are silly the setting apart of one day out of take kindly to the detailed descrip- girls all over the world who would seven for rest from toil, and religious tions given by the public journals of be ready to elope at a moment's worship. We believe it is in contheir personal appearance, and prob- notice to have just such absurd noth-sonance with the Divine command ably feel as if they were a genuine ingisms said about them in the pub- and in accordance with the laws of hero and heroine, such as Mrs. Aulic prints. nature. In our opinion everybody brey had doubtless read about in the Instead of this couple being would be the better for a regular abundance of her leisure in a luxur-praised and flattered, they ought to restful Sunday, in which all iant parental home. At present her be rebuked for causing the domestic trades, occupations and unnecessary situation perhaps appears to her like affairs of a highly respectable fam-travel and traffic would be susa realization of many a fantastic ily to be rudely thrust before the pended. The body would be the day-dream. Doubtless, however, gaze of the world at large. Some of better for it. People would live she will reach, before long, a rude the impertinent interviewers who longer and have happier and awakening. have pestered the family of the healthier lives if it were observed. wayward girl, who has acted with such manifest indiscretion, would only have got their desserts if they had been hoisted down the front door steps at the business end of a stout boot. SUNDAY LEGISLATION. IN another column will be found been an article on "Religious Legislation well in Arkansas," which shows the tendency of some minds at the present juncture in the direction of intoler The religious sentiment would be fostered by it and the spirit of devotion and peace would have wider sway in the world. Those influences which soften and refine, and improve the condition of mankind and promote harmony and concord, would have greater opportunity for their beneficent sway. And all things would have a tendency upward and onward to that perfection of the race which is our goal, and which the prophetic minds of all ages and nations have discerned afar off. But we do not think this will be promoted by the stringent legislation that some sectaries are working for. The sentiment of the majority It ought to occur to the principals in this romantic affair-if not to the general public-after the glamor of novelty has worn off, that there is nothing of the heroic about their course, unless that quality can attach to ungentlemanly and unladylike conduct. After-thought should bring what forethought failed to present to their minds -that their doings have unmitigatedly selfish as as decidedly immodest. The male actor in this domestic drama has invaded the domain of parental ance. rights, by stealing away a member This is a matter of grave importof a family circle of minor age ance. The power of the State in without the consent or approval of reference to the Church, or the line her natural guardians. The female between law and religion, ought to principal in this elopement scandal be distinctly defined and permanent-in any State or community should ly established. Under the form of be respected according to its volume. government set up in the United Anything which interferes with States, no Church has the right to its free exercise may doubtless dominate the State, or to so influence be restrained, perhaps its affairs that the rights and liber-pressed. Minorities have their ties, civil or religious, of the mem-rights and these should be probers of any other Church are in- tected, but majorities also have fringed. On the other hand the State has not the right to establish any particular form of religion, to favor one sect at the expense of another, to discriminate in matters of faith and worship, or to prohibit the free exercise of religion of any kind which does not interfere with the proper powers of the State or the legal liberties of the citizen. has shown an utter disregard for the feelings and wishes of her parents. In both instances there are no indications of noble or heroic traits. Neither do they show, on the one hand. qualities that go to constitute a good husband, or on the other the make-up of a good and devoted wife. That the fruits of such an erratic union will be peace and unbroken conjugal felicity we are not inclined to believe. When one sows briars he need not expect to reap wheat, for he will get no such crop; every seed sown will bring forth its kin i. This match has been planted in the soil of disregard of the rights of interested parties, and the result pressure to bear upon the National will be the manifestation of the Government in favor of Sunday disposition respecting the legislation, There is danger in it. same A movement is on foot to bring a sup their's and the balance of power as well, and they may consistently take measures to preserve those rights as against the disturbance thereof by any opposing faction. But so long as the minority do not attempt to abridge those rights, or to violate prevailing public sentiment in an obstrusive and obstructive and offensive manner, their views and individual freedom should not be restricted because might rests with the greater number. The danger about Sunday legis lation is that if permitted to go to lieve in the Christian religion cannot fute. Fare-thee-well, poor, pious THE "MORMON CREED." THERE are certain officious persons in this community who seem its affairs, civil and religious. This to desire to regulate and control all the length now desired by the Sab-consistently be breakers of the Sab-Joseph, you have our profound pity. patarians, it will move further in bath, and those who do not should the same direction, and ultimately have sufficient respect for the prethe views of the dominant sect, vailing public sentiment to abstain whichever it may be at the time, from anything that would do viowill be crystalized in the form of lence to it. law, and religion will come to be regulated and prescribed by the State, while at the same time the State itself will be dominated by the prevalent religious organization. This would be a double calamity, and the very antipodes of that form of government delineated in the Constitution and foreshadowed in the Declaration of Independ ence. Let us have reasonable Sunday regulations, but not strait-jacket legislation that will be subversive of that civil and religious liberty which is the pride and glory of American republicanism. REACHING HIS LEVEL. city must be managed to suit their THE REV. (?) Joseph Cook is com-crushed out of existence. Their That there should be some regula-ing down to his proper plane. Like tions concerning the day of rest from all anti-"Mormon” blatherskites he toil, in deference to the religious and is losing caste and waning in influrational sentiment of the great maence. Lately his Monday evening jority of the people, we think must lectures in Boston have fallen off in be conceded by all reasonable minds. public interest, and the superficial But great caution should be exer- orator has expressed great anger at cised that these restrictions should the meagre notices vouchsafed to him not be carried so far, that the senti- by the Boston press. At one time a ments and acts of the minority are couple of columns was no uncomso restrained that the liberty which mon space for a synopsis of his proall citizens ought to enjoy shall be logue and lecture, but latterly a trampled upon. couple of "sticks" is as much as the leading dailies usually devote to his labored efforts. These persons have a stereotyped collection of phrases about union of Church and State, the control of civil affairs by ecclesiasts, the American idea of the total separation of religion and politics, and so forth. These are rung in upon various occasions, opportune or inopportune, until they become wearisome and monotonous. The folly of all this is seen in the evident fact that "the dominant Church," as they please to call it, moves on quietly, attending to its own business and not attempting to And now they want to dictate now what the Church shall do as an ecand clesiastical organization when its In this nation of many races mingling together, where there are many religions and many societies Then the obese orator has not opposed to those religions, and mended the matter by his manner where perfect freedom of thought of resenting this studied slight, as interfere with them or take any noand reasonable freedom of act are it appears to him, nor by his re-tice of them or do any of the terrible conceded to be the heritage of all,leg-sponses to criticism of his florid things which they attribute to it. islation, to be successful and right, generalities. He scolds so much must be framed with a view to the that his declamations are conditions and the best interests of called "Caudle lectures," the whole, preserving to all the he has take to calling his members meet in conference. It is parts such names such a measure of liberty critics as "a wall- to adopt a policy such as they deas will not be inconsistent with eyed wizard," and this does not fine, it is to repudiate such of its the general welfare. A sectarian comport with his calling, nor ele- doctrines as they designate, it is to Sunday, by law, after the fashion of vate him in the respect of the conform to their notions of what a that puritanism which is the ideal of thoughtful, nor placate the report- Church should be, or the consesome ascetic minds, would be a pub-ers whose good opinion was once quences are to be something dreadlic calamity and could not be estab- his great support. "The Rev.Jo." as ful. lished except by rigid regulations they now delight to call the whilom and pains and penalties which would popular provider of friction for fill the jails, and make continual tu- "itching ears," is on the downhill mult and trouble, and cause far more of the sliding scale, and will soon disorder than it was designed to supreach his true level. press. He once answered the arguments At the same time, those reasonable in a book which defended some It is probable that the Church will pay no attention to this impertinent interference with its affairs by persons who are not in any way connected with it, and this is none the less likely because the Church will never know anything about it or about them; they have neither the right nor the power to thrust their dictates upon its consideration. municipal regulations designed to features of the "Mormon" faith, by protect the majority in their views kicking the book in view of his and observance of the Sunday as a audience. This style of polemics sabbath, ought to be respected by was then greeted with loud ap- A great outcry is raised against an the minority and cheerfully com- plause by the "culchawed" and assumed control by the Church of plied with. People ought not to delicate intellectuals of "the hub." secular affairs, and yet those who be forced to go to church, to conform Now his utterances are scanned make the noise now demand that to any particular religious ceremony and their hollowness and insubstan- the Church shall plow in the very or observance, or to do violence to tiality are estimated, and unless by field which they claim it has no their own convictions in any way. some new sensation he can arouse right to enter. The Latter-day But they should not be allowed to fresh interest, the rotund lecturer is Saints have the disposition to carry intrude their irreligion or secularism likely to be treated metaphorically into practical effect one article of upon the majority, or make the day as he treated physically that book, their creed which says, "Mind your of rest a day of riot. Those who be- whose arguments he could not re-own business." They have the dis position to let everybody else's busi- penalty of the law, hard labor was ness alone. If their would-be dictators will follow their example in that respect, there will be much more peace in the land. Business affairs will flourish. The country will be built up. The laws will be respected. The rights of all will be maintained, And all classes, creeds and parties will be free to attend to their own affairs and unite on such ground as they can meet upon in common, for mutual advantage and the general prosperity. But this attempted dictation and this bombastic threatening of dire results if it is not followed, is entirely out of place, is an exhibition of vaporous assumption, and will have no other effect than to strengthen the prejudices of the uninformed, keep up the strife which they have fostered in the past, and make sensible people smile at the "gall" of the soi-disant shapers of religious and civil polity in Utah. was unconstitutional to find more included in the judgment. That than one indictment. stitution provides that excessive unlawful cohabitation for three years, he would find but one indict"The grand jury came into court ment. He had advised with no at 11:30 today, and presented one in-one, talked with no one, except perdictment under the laws of the haps his wife. United States. Mr. Moritz and Mr. Davis thought that where parties had been indicted, tried and convicted, those parties ought to have a chance after they came out; then if they didn't live within the law they were ready to indict them. The court then interrogated each of the other jurors as to whether he took the same position, but they all responded in the negative. Mr. McKay then arose and stated that there was a matter he wished to bring to the attention of the court, which had been discussed informally and otherwise in the grand jury room. Atleast one member of the grand jury claimed the right to say whether he should find an indictment or not, when at the same time he admitted the evidence sufficient to warrant it, claiming that it would Court-Mr. Moritz, Mr. Davis and be a usurpation on the part of the Mr. Clayton: I am surprised, gentlegrand jury to find an indictment un-men, that after you took the oath der certain circumstances, notwith- you did, that you would investigate standing the evidence warranted and enquire into all the matters it. Mr. McKay then stated the that were brought before you, and objection was in relation to finding whenever the evidence was more than one indictment for unlaw-sufficient you would find the truth, ful cohabitation in a certain period. and the nothing but truth; The juror referred to said he would that you would not be influenced by fear, favor or affection, or by any reward, or promise, or hope thereof, but in all your presentments you would present the truth, the whole truth, and nothing but the truth, that you will state you will not do it reminded that his oath required it, Mr. McKay stated that the point Clayton-I have stated that I would, and did so. Court-The effect of your statement is to that effect. Clayton-I don't understand it that way Court-Men must be careful when they take oaths Moritz-We had no evidence. We didn't take a vote on it. WHAT THE RECORD SAYS. THERE is a good deal of feeling indo no such thing, in spite of being the community, especially in the non-"Mormon" portion of it, regarding an effort that is being made to displace Chief Justice Sandford and re-instate C. S. Zane in his position. A large proportion of the Gentiles are opposed to the latter being put back into the office in question. That class take the ground that if a change should occur, the man receiving the appointment ought to be a person who will administer the law without vindicCourt-But you have no right to tiveness, that he shall not, on acstate you would not do it. You canount of his prejudice go outside not trifle with your consciences like of the law himself, by resorting to that in this court. It is astonishing was sufficient or not; but the grand that men have not more regard for extra-judicial methods. They argue juror claimed that even where the their oaths than that. Where the that if care is not exercised upon evidence was sufficient, the finding evidence is sufficient you have no this point, the complaint of the of more than one indictment discretion whatever. If it is sufwas unconstitutional; that "Mormon” people that they are per-law of 1862 fixed the maximum it is not sufficient, you cannot inthe ficient to indict, you must indict; if secuted will be emphasized and sup- punishment for polygamy, and diet. You have no more discretion ported by incontrovertible facts. the Edmunds law showed it than this court has when a case The question is, in this connec- to be the intention of Congress to is submitted to it. If the evidence tion, has Judge Zane, in his pursuit fix the utmost punishment for un- is one way, the court under its lawful cohabitation, which he oath cannot find another. of "Mormons" charged with a cer- termed the "junior" offense, at six case is submitted to the court, tain class of offenses departed not months' imprisonment and $300 fine; if the evidence is with the plainonly from the spirit but the letter of and to find two or more indictments tiff, it cannot find the facts the the law? Upon this point it is only against a man he might be punished other way. So with a grand jury; to even a greater extent than for you have not the slightest discrenecessary to let the record speak. polygamy. tion. You must move directly according to your oaths, and find the truth according to the evidence. You have no right to say you will not indict, though the evidence may be sufficient. You have no right to say a law is unconstitutional or wrong after the court charges you that it is the law. It is the duty of the court to charge you what the law is with respect to your duties as grand jurors, and has so charged On May 2nd, 1885, when Parley P. Pratt was before the court for sentence for unlawful cohabitation, Judge Zane expressed his regret that the law did not provide a greater penalty than imprisonment for six months and a fine of $300. unison with this unmerciful sentiment, in addition to the maximum In Mr. McKay stated further that there was another juror he asked to have taken off for substantially the same reasons, Mr. Jacob Moritz; and he was informed that there were others. Mr. Davis stated that in certain cases he had the same opinion as Mr. Moritz. Mr. Clayton was interrogated by the court and said he believed it If a This afternoon Mr. McKay made an argument in support of the proposition that the court had power to fill the vacant places in the grand jury. He read from the decision of the Supreme Court in the Clawson case, affirming the legality of the open venire process in obtaining a petit jury, and contending that it was within the power of the court to adopt the open venire course in the present instance. At the close of his remarks, Mr. McKay moved that an open venire issue, and the court ordered that it be for six names, and be returnable forthwith. dence. OFFICE SEEKING. you. Gentlemen, you are excused el? Because they declined to do an as unworthy to sit on a grand illegal act, their position being pracjury. Next time you come before the court and are questioned as you tically sustained by the Supreme THE way of the office-hunter is were in this case, as members of the Court of the United States. The hard. It is particularly so when he grand jury, answer frankly and hon- vacancies thus unlawfully created is seeking to displace another for his estly, and if you go on the grand were filled by open venire process. own occupation and emolument. jury you must be governed by your Taken as a whole, the proceeding Workmen have an expressive but oaths. Mr. Moritz, Mr. Davis and Mr. Clayton, you may retire; you are has no parallel in civilized jurispru- vulgar name for a creature who, bedischarged from this grand jury. ing out of a job, sneaks around an In what position did the decision employer and by hints, inuendoes of the Supreme Court of the United or direct accusations, endeavors to States, declaring unlawful the ac- procure the discharge of an employe tion of the local courts in segregat- that he may jump into the vacated ing the offense of unlawful cohabi- place. In our opinion that name and tation, place the district attorney title are scarcely vigorous enough and the judge? It placed them for persons who are now endeavorin one of two lights-that of a vin- ing to obtain, from the new Admindictive District Attorney and a prej-istration, offices that are not vacant udiced court, or officials who were and which cannot legally be made ignorant of the law. The latter so except "for cause." theory is not a feasible one. It is to be expected that when an Like Banquo's ghost, the appari-incumbent resigns or his term of tion of a vindictive district attor-office is about to expire, there will ney and prejudiced court will not be many applicants for the post. down. It pops up in the courts That is all right, as politics and preever and anon, as some valent customs go. But it is diswho did not formerly expect gusting to decent people when a court scramble takes place among the hungry horde of office-seekers, for a place which is still occupied, and when there is no reason why the term should be shortened. There are some offices in this Territory in the gift of the Government which are likely to receive a change of incumbents. It is to be hoped that suitable men will be chosen in the change. Republicans will, of course, take the places of the Democrats who resign, or are removed, or whose terms have expired. Efforts to obtair. the appointment for these, if properly put forth, are legitimate. This proceeding was followed, as the 200 names on the jury list were exhausted. Upon the return of the open venire, J. S. Scott, J. T. Clasby and A. Gebhardt were selected to fill up the grand jury. a fair trial comes into person Thus it was made possible to send with three or four indictments or a man to prison for the term of his counts over his head for the same of natural life and fine him in a fense, and the court dismisses all sum that could not be met by a but one, the others not having been millionaire, for a simple misdemean- the off-shoots of a fair prosecution or, solely because he happened to be and an impartial court. This has a "Mormon." From that time for-been exemplified at every term of ward, until the Supreme Court of court since the jail delivery created the United States interfered, for a by the decision of the court of last single offense of unlawful cohabita-resort in relation to the continuous tion, by the segregation process, character of the offense of unlawful cohabitation. men were sent to the penitentiary to serve terms on all the way from one to seven indictments or counts, and were under fines in keeping Should the administration make a change in the chief justiceship of Utah, and wish to put a man in the position who will not be governed by the law, but show an unworthy jected to illegal imprisonment be- example by going outside with the same process. Thus scores of men were sub cause the Chief Justice, in a perse- of is it. then Charles S. Zane the antipodes of the man for the States. The reason why many of the non"Mormon" citizens are opposed to the appointment of Charles S. Zane for Chief Justice of Utah, is not because they favor the "Mormon” people, the position being the other way, but they say they want no land caused a regular jail delivery color given to the cry of "persecuof persons illegally incarcerated in the penitentiary. tion." But there are others, the judge ships, for instance, that are of a different character altogether. A Chief Justice, or Associate Justice, for a Territory is appointed for four years. That is his legal term. It is not stated in the law that he shall hold it "subject to removal by the Presi dent." Section 1864 of the Revised Statutes of the United States pro vides: "The supreme court of every Terand two Associate Justices, any two ritory shall consist of a Chief Justice of whom shall constitute a quorum; and they shall hold their offices for four years and until their successors are appointed and qualified.” By recent act of Congress an additional Associate Justice has been appointed for Utah, whose term of office is the same as the others. The Revised Statutes also provide for a Let the proceeding above quoted For all men must repent and be Governor, a Secretary, an Attorney be looked at from another point of baptized, and not only men, but and a Marshal for each of the Terriview, and its aspect is no more in- women, and children who have tories, and in every one of these viting. For what reason were three arrived to the years of account-provisions the term of office is for grand jurors expelled from the pan- ability.-Doc. and Cov. four years "unless sooner removed |