be institutions in the States, but has his trump, and the history of the education. MINORITY DICTATION. The blocking of the public business by a set of rules, which can be DURING the sessions of the late wielded by two or three men, has Congress, particularly the last ses- aroused and interested the country; sion, the business of the country concerned. To gratify the natural for the rights of all are immediately suffered materially from the delays curiosity of those who desire to occasioned by factious obstruction, know how 325 men, each the flower MISSIONARIES ABUSED. chiefly in the House of Representa- of a flock of 30,000 voters, could make regulations to deprive themtives. Deadlocks occurred which selves of ONE would naturally suppose that prevented important legislation, and power, and could year after year submit to such deprivation, is the fearlessness and intrepidity of a few determined men, under one one object of this article. Another our missionarles in the South, vigilant leader familiar with the object is to help to induce the peocoupled with their evident sincerity rules, could stop all progress and ple of the United States to insist and avoidance of wrong-doing, waste the time of the House indefi-government in the House of Bepreupon the restoration of republican would excite so much admiration nitely. The will of the majority sentatives." and respect that the better part of was frequently swept away before The Washington Post has comthe community there would protest the dictation of a small minority. menced, in good time, to draw the against the outrages to which they are often subject. They labor with out pay. They break no law. They infringe upon no man's rights. They preach nothing but Bible doctrine. Patient, faithful, devoted, they travel from place to place to promulgate what they believe to be the truth of heaven revealed for the salvation of mankind. less All this was done and is still ren-attention of Congressmen and the dered possible under the rules made country to this evil, and urge action by a committee of five members against it in the fifty-first Congress. The House has thus placed itself in It says "Rules which trifle with the the power of that committee. Ad-rights and liberties of the people are vantage can be taken of the red-tape a disgrace to American civilization, regulations thus imposed, and a and should be discarded altogether; and bind up the whole body of three handful of filibusters can hamper mere amendments are insufficient." hundred and twenty-five members, so that it can neither move hand the strings in hand. nor foot while the obstructors keep He ought to know something about it, In this alleged land of liberty they are entitled to the protection of the laws and the freedom of speech which the Constitution guarantees. Hon. Thos. Reed, in the Century No one is obliged to listen to them or to entertain them. No one should Magazine for March, sets forth this be permitted to interfere with them evil in a striking manner. or assault them with impunity. Yet public journals not only wink as he was one of the Committee on at but sometimes, more or openly, advise their maltreatment and expulsion. And though no law or regulation of the State or city where they abide can be cited against them, the most brutal treatment and even assassination of those blameless servants of Christ is uncondemned by preachers and editors. There are a few notable exceptions but they are so rare as to be but sufficient to "prove the rule.” When the sixth angel shall sound Rules, and has helped to forge the "To such a pass has this obstruc- * We do not go to the length advocated by the Post. Rules of some kind are essential to good order and the expeditious conduct of business, and some of the present rules could be maintained, no doubt, with profit. But we endorse the efforts of that paper to obtain consideration of this serious matter in good time. A new Committee on Rules will most likely be formed, as the political complexion of the House will be changed, and such a modification and change of rules can be effected, if the House is determined on such a policy, that the filibustering which has so often disgraced the lower peated. branch of Congress cannot be re The Post calls on the press of the country to help create an overwhelming public sentiment against the wrong, and concludes a vigor"One rule puts into the hands of ous editorial on the subject with * * The second claim of the argument these words, which we reproduce onment. A petition for a writ of and policy of the law, and ought not with pleasure: habeas corpus was presented to the to be countenanced." First District Court at Provo, which refused to issue the writ. An ap- is: peal was there fore taken to the Supreme Court of the United States under section nine of the Organic Act. "The Post invites the boards of trade throughout the United States, which are organized representatives of the business interests of the country, to give this transcendently important subject early attention, and urge, by resolutions and otherwise, a return to legislative methods more compatible with the principles of free government." THE NIELSEN CASE. We have received a copy of the brief of Jeremiah M.Wilson, Franklin S. Richards and Samuel Shella The brief assigns, as errors of the court below: fence in each indictment should be "It is not necessary that the of the same in name, if the transaction is the same." The Federal Constitution and all the State Constitutions provide that no one shall be twice put in jeopardy of life and limb for the same offense, and a number of authoriities are cited to show that the phrase "the same offense" signifies 2nd-The court erred in holding the same act or omission and not that the adultery charged was not the same offense in name only. In 1st-The court erred in refusing to issue the writ and in holding that upon the facts stated in the petition the petitioner was not entitled to be discharged. barger, counsel for the appellant, in embraced in the offence of unlawful the case of Hall v. State (38 Geor the case of Hans Nielsen before the Supreme Court of the United States. It covers forty-five pages of a law pamphlet and is therefore too voluminous for reproduction in a daily We will therefore epitomize its contents as briefly as consistent with perspicuity. But we will first give a short history of the case: paper. Hans Nielsen was, on the 19th of November, 1888, in the First District Court, convicted of unlawful cohabitation and sentenced to imprisonment for three months and a fine of one hundred dol ars and costs. He served his term and was subse cohabitation for which the petitioner gia 187), in which the appellant had been indicted for an assault with The chief question involved is this: "Is the charge of adultery, as intent to commit murder and was appears in this record, for which the discharged and afterwards was inappellant is now imprisoned, such dicted for aggravated riot, and that it is in law a part of the same offence as the unlawful cohabitation pleaded former acquittal, the `appelfor which he was previously con- late court said: "Can the State victed and punished?" If so the put second sentence is void because the prisoner is being punished twice for the same offense. The argument claims first that for matters arising out of the same a party on trial the second time for the same criminal act, after he has been acquitted by changing the name of the accusa tion? If it can, then the constitumuch. The effort here is to avoid tional protection does not amount to the provision of the Constitution by changing the name of the offense." Other decisions show that "It is a universally admitted rule at com mon law that a conviction of man slaughter would bar an indictment for murder, based upon the same act of homicide." Blackstone says: "The fact prosecuted is the same in both though the offense differs in In support of this a mass of auquently placed on trial for adultery, thorities is presented. Chief Justice the indictments for both offenses Cockburn says it is, "A fundamenhaving been found on the same tal rule of law that out of the same evidence before the same grand jury facts a series or charges shall not be on the 27th September, 1888. The preferred." In the case of State vs. offense in each case was alleged to Cooper (New Jersey Law 361) the have been committed with the same Supreme Court ruled that a "defenperson. The indictment for unlaw-dant cannot be convicted and punful cohabitation named the time as ished for two distinct felonies grow-coloring." from the 15th October, 1885, to the ing out of the same identical act.” 13th May, 1888; and that for adult-In Jackson vs. State and Lanpher ery, the 14th of May, 1888. But the indictment averred that the defendant had continued to cohabit with his plural wife without intermission till the 27th September, 1888; that is, the date of the two indictments. The latter offense was therefore included in the time of the former. The third point is: "If the conviction is for the whole transaction, there can be no further conviction for any part of it.” vs. State (14 Indiana 327) the Court held that "The State cannot split up one crime and prosecute it in parts. Among the authorities cited on The prosecution for any part this point are these: In Dempsey vs. of a single crime bars any further Commonwealth, the Supreme Court prosecution based upon the whole ruled that "a party indicted for or a part of the same crime." In seduction and acquitted may plead State vs. Graffenreid (9 Baxter 289) such acquittal in bar of a subse Chief Justice Waite is quoted as The defendant on the second laying down the principle that, trial pleaded a former conviction "Where a criminal act has been and claimed that the two offences committed every part of which may were one and indivisible and that be alleged in a single count of the having been convicted for unlawful indictment and proved under it, the cohabitation, he could not now be act cannot be split into several disconvicted of adultery with the same distinct crimes and a separate indictperson, during the continuance of ment sustained on each; and whenthe cohabitation for which he had ever there has been a conviction on been already punished. The prose- one part, it will operate as a bar on cution demurred to the plea and the any subsequent proceedings as to the is: court sustained the demurrer. The residue." In State vs. Commis- "If the conviction is for a part of defendant was convicted of the sioners (2 Murphey 371 the Supreme the transaction, there can be no fursecond offence and on the 12th of Court said: "The notion of render-ther conviction, either for the whole March, 1889, sentenced to one hun- ing crimes, like matter, infinitely or for any part of the transaction." dred and twenty-five days' impris-divisible, is repugnant to the spirit | In the case of The People vs. Mc quent indictment for fornication founded on the same act, and the record will be a complete defense.” In Sanders vs. State the Court held that a "former conviction for maltreatment, by chaining the appellant to a plow, was a bar to conviction for assault and battery, because both charges grew out of the same transaction." The fourth claim of the argument Gowan, (17Wendall 386) the Supreme Court held that "an acquittal for robbery was a bar to indictment for larceny, where the property alleged to have been taken was the same." Iu State vs. Colgate, (31 Kansas; 511) the court ruled that "the commission of a single wrongful act can furnish the subject matter or foundation of only one criminal prosecction." In Georgia it has been held that "one prosecution will bar another whenever the proof shows the second case to be the same transaction with the first." ON THE RAMPAGE. THE rush into Oklahoma is illus ferent effect. An acquittal for the the capital, then to Mersina, then lesser offense might admit of an in-through Tarsoos; which is the andictment for the greater, but a con- cient Tarsus. Cyprus is the island viction bars it because a necessary that was purchased by the British part of what the conviction covered. government-under the BeaconsThe jurisdiction of the Court is field administration—as a military then argued and established and the base, with a view to the probability counsel say in conclusion: of war breaking out by the re-open"In concluding this brief, we re-ing of the Eastern Question. peat that the theory of this prosecution is contrary to the policy of the law. This is a criminal statute to which no rule of construction or principle of enforcement can be applied that is not applied to other trative of the disposition of man- . criminal statutes. We would not be kind to stampede, as cattle do someunderstood as suggesting a possibili- times, without sense or reason. ty, that it will be dealt with in any "If the adultery occurred during different manner from other crimi-a kind of craze that occasionally the unlawful cohabitation which is nal statutes. Multiplication of pun-seems unaccountable. Half the covered by the conviction, it was a ishments is not the policy of the energy, labor and general effort part of and involved in such co-law, and we cannot believe that it habitation, and a conviction for the was the intention of Congress to latter bars a prosecution for adul- punish a man by fine and imprisontery." ment for living with a woman three It is shown that the authorities years, as his wife, and then to add to that punishment, or make it posestablish conclusively that the stat-sible to add to it, hundreds of conute against unlawful cohabitation victions for sexual intercourse ocapplies alone to cases where the re-curring during the period of, and lation of husband and wife exists, being a part of the cohabitation, the aggregate of penal servitude that would require centuries of time to discharge." The fourth claim is this: It is which many persons will waste over the race into Oklahoma, would secure them homes in much more congenial regions and save them a world of trouble and disappointment. It is like the gold fever which has impelled many people to hurry as if for their lives to some either actually or ostensibly, and punishment for which would be an distant place where the yellow god was worshipped. It is a similar craze which makes a thoroughly worked up "boon” so the profitable to land speculators. that it is a transaction which is "a group of facts," one of which facts is sexual intercourse, and that if inJudge Wilson argued the case bevolved in or incident to the trans-fore the Supreme Court of action of which a defendant has United States It is sometimes manifested in on Friday last, been convicted, he has been guilty and "It was followed by Solicitor-following a foolish fashion. of an act which if committed sep- General Jenks, who denied the is all the rage:" that is reason arately from the transaction would jurisdiction of the court. Today F. enough for those who drop into the be indictable, that act is embraced S. Richards, Esq., closed the arguin the transaction, he cannot be made ment and it is hoped that an early again the subject of prosecution.decision will be rendered, as it is of The decisions of the Court in the Cannon and Snow cases are cited in support of this and of the proposition that the whole policy of the law is against dividing or segregating what happened under one transaction into separate prosecutions. swim. The masses of mankind are mere imitators. They often do things because other people do great importance to the people and them, not because there is any the courts of Utah. sense in the action. This is one of the weaknesses of human nature. Rational people should avoid this current in the tide of thoughtless humanity, for it often leads to the maelstrom of destruction. No one should follow a multitude to do evil It is a matter of congratulation that the case has been in such thoroughly competent hands. If the court is not swayed by the desire which prompted the special legislation against Utah., but will be governed by its own decisions and nor join in a crowd to mingle in folthe precedents of centuries, this ly. To think and act like intelilnew attempt to punish men several gent beings is the duty of all who mission of adultery was placed one times for the same offense will fall are endowed with ordinary under The record is then reviewed to show that the principles of cases cited apply to this case and that although the time named for the com day after the last date named as the time of the unlawful cohabitation, yet the latter offense was claimed in the indictment to have continued up to the date of the indictment and thus included the date of the alleged adultery. To punish for the two offenses then would be another kind of segregation. One offense being included in the other, the conviction of one bars conviction of the other. into the same pit where lies the FROM THE ORIENT. as standing. We fear that many of the Oklahoma boomers will rue the day when they broke up home and sought their fortune in an unknown and unsubdued country. DIVERSE VIEWS. How different the same thing appears to different minds! The remarks of President Cannon at the late Conference, which we have already explained, about the folly of our young By courtesy of Robert Irvine, Jr., we have been enabled to peruse a letter to him from Elder C. U. Locander. The communication was written at Haifa, Palestine, but he Cases that seem to convey a con- expected shortly to remove to the trary doctrine are here investi- city of Ainteb, in the province of men scattering into other Territorgated and shown to be of a Aleppo. There he would be under ies, is viewed by some papers as different character to the one at the necessity of studying the Ar-proof positive that "Mormonism” is issue. Also the difference is pointed menian, Turkish and Arabic lan going to pieces, while others see in out between former acquittal and guages. Thence he would go to the it the extension of the power of the former conviction, which have a dif- Island of Cyprus-first to Lanarka, Church. Quite a number of our contemporaries are rejoicing over the certain breaking up of the "Mormon” system, while others are descanting upon its impregnability and unfailing force. Take two examples, one from the far East, the other from the West. The Providence, Rhode Island, Journal concludes an editorial on the "Mormon" question as follows: SHOULD BE STOPPED. PRESIDENT HARRISON is reported as looking worn and haggard. This is not at all surprising. He has not the remarkable physique of Cleveland, and will not be able to stand so easily the strain of hand-shaking receptions, the daily routine of executive labor, and the responsibilities of deciding important questions and making so many appointments. A few days ago, it is stated, a young girl who is intimate with the ladies at the White House, on leaving, after a visit, declined the proffered hand of the President, with the thoughtful remark: "I will not add unnecessarily to the trials and 'Among the most persistent, fatigues of the day." The Presisilent and practically unconquer-dent responded, "It is not that that able forces with which the gov- bothers me, but the everlasting buzz ernment at large and a community in restricted has of solicitation in my ears." had to deal, is the creed based upon the tenets of Joseph Smith and elaborated in the Book of Mor "To put the whole case briefly, the Mormon Church is breaking up in Consequence of its natural lack of cohesion and as it was inevitable it should do, sooner or later, after the strong hand of Brigham Young was removed." The Portland Oregonian on the same subject says: mon." a sense from six to eight inches. A lesser seed. Thinning.—The thinning out of the beets in a row should begin when the beet root arrives at the thickness of % of an inch; then all the beets except the largest, which are placed six inches apart from each other in the row, are removed. This office-hunting is indeed an If they are grown too wide apart on everlasting buzz." It is the terror of good land, the beets grow larger but the presidential position and a re-hand, if they are planted too close are poor in sugar. On the other proach to American politics. The to each other the roots are rich in highest notion of the meaning of sugar but remain small. In either patriotism in the minds of many case the value of the roots is less politicians, is the chance to get an ed. Beets that are too small are office for themselves or secure it for very difficult to preserve, and those a friend or hanger-on. The "ever- that are too large lose in sugar. One row in each acre should be left unlasting buzz" ought to be stopped. touched, or only thinned, in case of any injury to the crop. This row root becomes 1⁄2 inch thick, when all danger is at an end. than when both extremes are avoid We forbear commenting on the question what "the government at large" has to do with "dealing with a creed," and simply draw attention to the opposite ideas of the two papers on the one topic. And only add that in neither case does the editor really know anything of what he is writing about. But this is the PLANTING SUGAR BEETS. is held as a reserve until the beetordinary condition of the writers for the press in this country when The Western Beet Sugar Comthey tackle the "Mormon" ques-pany has issued the following circular under date of April 12, and containing "directions for planting and cultivating the sugar beet tion. NOBLE WORK. seed." Preparation of the Ground.-Instructions for this purpose may be briefly summarized as follow: 'low the soil from 10 to 12 inches deep very early in the spring, and it is better to do this twice than once. This can best be done by two successive plowings with an ordinary plow. A rich soil should be plowed Transplanting.-Should it be necessary to transplant beets from the row reserved, this should be done with a wooden borer, great care being taken not to injure the young roots when taking them up and transplanting them. This last operation is often performed by means of a transplanter, an instrument especially made for this purpose. THE RESERVOIR SITE. THE story of the rescue of the people who were on board the Denmark is romantic and interesting. Captain Hamilton Murrill of the Missouri --the rescuing ship-proved himself every inch a man in a dangerous and pathetic emergency. Like a human and generous-hearted sailor, he centered his whole atten- a few inches deeper (say 14 inches the Interior Department of the tion upon saving those whose lives deep) than a mere flat soil with a Government at Washington to the poor subsoil. The plowing should were in jeopardy, for this purpose be followed by passing a heavy iron-effect that the site of Utah Lake casting all his deck cargo over-toothed harrow over the ground in had been selected as a reservoir site, board and making for the nearest order to pulverize the soil as much was received at the land office in port with only three days' provis- as possible. An iron roller must be passed over the ground so as to ions on board for the precious souls equalize the surface and break the under his care. At one time it clods, when the ground is of such a looked as if delay, which was immi-character as to render this necesnent from stress of weather, would sary. cause much suffering from hunger, but providentially the storm subsided and St. Michaels was reached. Commander Murrill is entitled to the thanks of the civilized world, and neither he nor the company by whom he is employed should suffer any material loss on account of the noble act of rescue. Such men as the commander of the Missouri are a credit to the human race. this city. It appeared to state that this selection was made "together with all lands situated within ten statute miles of the borders of said lake at high water." In place of "ten" it should have said "two statute miles." Sowing the Seed.-The seed should be sown early in the month of March. Before sowing it must be soaked in water for twelve hours, It should be borne in mind that but the water should be allowed to in the meantime no entries or fildrain off before the seed is used. It should be buried at a depth of ings on land located within the prefrom one to one and a half inches, scribed limits will be permitted. but in very rich soil not deeper A survey is being made under than one inch. The rows must be the direction of the government, from twelve to fifteen inches apart from each other, according to the the purpose of which is to asquality of the soil. In the row the certain its condition and segregate distance between each beet varies what is still in the public domain from that which is legally in pos- teachings and mystical conclusions save in the suffering which forms session of private parties. When are strongly in contrast with the the greater part of it. the survey is completed, and a re- robust, matter of fact methods of He quotes from philosophers havport made, it will form a base of thinking which characterize Anglo- ing master minds, from the Budoperations for the practical establish- Saxon writers on metaphysical top-dhist scriptures, and even from Soloment of a reservoir. There will be ics. mon, to show that life is but vanity. no disturbance of existing titles. After feeding on the husks of dis- The use he makes of the book of The subject is one of much im-sipation, and learning by experi- Ecclesiastes in this connection is portance. If the project carries, a ence that the pleasures of such an truly remarkable. He shows that large amount of land now without existence were utterly unreal, Tol- thinkers and reasoners, the wise water will be rendered arable. Of stoi set about solving the great prob- men of all ages and races, who have course it will require years to per lem of life. He asked: "Why do inquired why mer live, have fect the enterprise. men live? What is the object, the reached the same conclusion, namepurpose of life? What is the result?" ly, there is no reason. In his work entitled "My Confes- In unspeakable despair he consion," he depicts the mental suffer- templates self-destruction as the THERE has lately arisen in Russia ings he underwent in the effort to only relief from his sufferings, the one of the most remarkable religious find an answer to these ques-only consistent, sensible act he can teachers of any age or race, and the tions, and describes the pro- perform. fact that he lays no claim to any cesses of investigation which he authority or commission of an ex-pursued. To persons who are fond it occurs to him that, though the traordinary or supernatural charac- of philosophical and theological wise and learned see no meaning in ter, is not the least striking feature studies, this book is one of fascinat-life, the ignorant masses do, and he of his propaganda. ing interest, as well as of a highly determines to ascertain how the ilinstructive character. literate peasantry answer the question, "What is the object of life?" A NEW LIGHT. His name is Leo Tolstoi, and he inherited from his father the title of Count, and extensive estates. His family was an ancient and wealthy one, and he received a finished edu cation. While still a youth he took to letters, and a little later became an artillery officer. After a few years he left the army and devoted himself to literature and such dissipation as was common among wealthy young noblemen of Russia. According to his own statement his sins included lying, duelling, gambling, "adultery of all kinds," wasting his substance wrung from the sweat of serfs in riotous living, and even murder. By the latter term he evidently means the killing of men in war, or in duels. Such, he declares was his life for ten years. But while in this frame of mind Tolstoi begins his investigations from the standpoint of an intellec- He studies their lives and modes tual nihilist, a believer in nothing. of thought. He observes that they The fact that he is a conscious being, toil, endure poverty and hardship, who lives, suffers, experiences and and sicken and die, all without a reasons, forms the foundation on murmur, and without a question of which he bases the superstructure of the wisdom of that overruling econlogic by which he seeks to reach a omy which causes them to pass solution of the great problem of lite. through all these things. His inHis description of the mental proc-vestigations into the lives of the esses he went through, and his elu- peasantry at length lead to the discidation of the inductive reasoning he pursued in his search for the meaning of life, are intensely interesting, and display the rarest powers of a logician. closure that the secret of their lives is faith. They endure here because they have faith in a hereafter, and in a Power which doeth all things well. Tolstoi finds the key to life which he has sought so long. He has discovered the wonderful principle of Every effort to find a meaning to life, or an object for it, is fruitless. The conclusion which is reaches is always the same faith. He investigates this principle, life has no meaning, no object, and and brings to bear upon it the He is now a little past sixty years he who suffers himself to continue marvelous reasoning and analytical of age. He had obtained great to live is a fool. The wactisest a powers of his mind. The result is fame as a novelist and litterateur man can perform is suicide. Tol- a demonstration that men live by when, a few years ago, he began stoi is constantly urging himself faith, that it is the secret, the prinwriting theological works. Some to resort to the cord or revolver, of these have been translated into but is restrained by an influence he English and within the last year or is unable to distinctly define. All two have been circulated quite ex- his reasoning tells him he is a fool tensively in cultured circles in the for living, yet he continues to United States. The result has been live. the creation of a remarkable inters He sweeps the entire field est in the ideas and teaching-worldly knowledge; he reads the which he advances. of works of the most learned philoso- ciple, the power of life and action, and that without faith it would be impossible for men to live. His expositions of the principle of faith are strikingly similar to the teachings of the Latter-day Saints respecting it, as far as he goes. A belief that life has an object and a goal is a solace to Tolstoi, and he tells how this belief snatched him from the depths of despair; how that he was taught this high wisdom by babes in intellect, which he had failed to obtain from the wise and learned. He describes what he calls two kinds of knowledge; one kind which is acquired by experi In reading his writings it is easy to see that his mind, though gigantic in its ability and capacity, and marvelously gifted in its reasoning and analyzing powers, is strongly inclined in the direction of metaphysics, and that his methods of thought have been much affected by the study of the writings of Teuton- philosopher, only serves to confirm ence and the senses, and another ic and Sclavic philosophers, whose him in the conclusion that life is a kind which is compassed only by vague, dreamy and hypothetical | cruel joke, stupid and meaningless, faith. |