tives and desi ed to make their resorted to for the purpose of quell- dissented from the policy of introhomes in Utah where a few of their ing an Indian outbreak and, as they ducing sectarian anti-"Mormoncountrymen, who make excellent suppose, of protecting the settlers ism" into official reports to the govcitizens, had preceded them. The who are in danger. ernment, and of assuming that "extravagant numbers" of Sand- We hope though we have but "Mormons" who had never violated wich Islanders who have come here little faith that it will be so-that the laws were insincere in efforts may be understood when we state this matter will be fairly and for the public recognition of the that fifteen others have arrived here thoroughly investigated, and that laws' supremacy. He favored the this year; that a number of the im-justice will be done to the maraud- encouragement of those who worked migrants were children, as they come ing and murderous white thieves for political harmony, and would in families, and that the total now who stole the horses and shot the not endorse unsubstantiated and residing here is about seventy. Zunis. They should be treated in unprovable statements, tending to We fear the San Francisco re- exactly the same way as if the vic- prevent that harmony and to fosporter, like his confreres in New tims of their crimes were white ter the false impressions existing York, was desirous of making a men. Robbers and murderers, they concerning the majority of the peosensational item and thought, as this deserve capital punishment and ple of this Territory. subject related to the "Mormon" universal execration. question, he could shoot with the The permanent residents of the long bow at pleasure, as almost any-region where this conflict occurred, thing, no matter how false or fool- ought to render all proper aid to the ish, will go down with the public if oppressed in the investigation that The Zunis are it is "agin the Mormons." The may be ordered. The ill-will of those who have blackguarded and endeavored to injure and insult Judge Carlton is a compliment to him, and we have reason to believe that he so regards it. They are unable to harm him resentment, for he stands above all such assaults and is not insulted by their abortive abuse. whole article, comments, specula- known to be inoffensive and indus- in any way, or to arousea feeling of tions and treble headlines included trious people, and it will be to the is based on fallacy and is a mess of interest as well as the credit of the exaggerations. If King Kalakaua, white settlers in the neighborhood, whose permission has to be obtained to see that right is done and that before the natives can leave for race prejudice does not take the place Utah, is not concerned by their "ex- of law and justice. travagant numbers," we do not We hope our correspondent will think the Chronicle or the people of watch the proceedings in this case California need worry over the mat-and send us particulars of its proter. And it is much better to tell the truth even when speaking in relation to the "Mormons." If the red men OUTRAGE ON THE ZUNIS. parture in the national policy toward the primal owners of the soil. A RETIRING OFFICIAL. OUR dispatches, a few days ago, brought information of a fracas between some Zuni Indians and white men in New Mexico. No JUDGE A. B. CARLTON, ex-Chairparticulars were then given. Today man of the Utah Commission, has we publish a letter describing the gone back to Indianapolis, where he whole affair and placing it in its intends to resume the practice of true light. It appears that, as in law. He held the office which he most of these Indian difficulties, the | has resigned, for seven years. He was "superior race" were the aggress-appointed under a Republican Adors. "Americans" stole horses be- ministration and continued to serve longing to the red men, and when under the administration of Presithe owners sought to recover their dent Cleveland. We have never property, murdered them and heard of any dissatisfaction with his seemed to think themselves justified and to be doing the proper thing with the "raw-hides, "as they called their plundered victims. course expressed by the national There have been many things which Judge Carlton has at least assented to, during his official career in Utah, to which the "Mormons" have taken exception and, as it appeared, with good reason. But he was not responsible to them and took his own course in these matters according to his own light and judgment. And, viewing his official acts in their entirety, both 'Mormons" and "Gentiles" who are conservative and reasonable respect him for his good qualities and general consistency, and will retain pleasant memories of his presence and relations with the people of Utah. May prosperity attend him in the days to come! The Millennial Star of April 29th: The labors of the sisters of the Nottingham Branch of the Nottingham Conference are deserving of special notice. During the six months preceding the last session of Conference for that district, these indefatigable workers distributed eighteen thousand tracts to the citizens of Nottingham. The labor necessary This outrage is doubly wicked beto accomplish so large a distribution cause it was perpetrated upon the Of course Judge Carlton has ene- by actual visitation from house to unoffending and peaceable Zunis. mies. Every public man of conse-house is immense, and can be appreIt is easy to see from the particulars quence is sure to displease some-ciated by those only who have engiven by our correspondent, how body. But we believe there are gaged in this business. The record Indian wars have been precipitated. none in Utah who will speak against which these sisters have made shall The military side with their own Judge Carlton except the few who against the "savages," impracticables, race as assume to no matter what may have been the speak for the "Gentiles" of the original cause of the trouble. The Territory but only express the sentiweak become a prey to the strong, ments of a small body of radicals and the public, incensed against the and fanatics. When their opposiIndians on general principles, con- tion is analyzed it resolves itself into done the extreme measures that are these facts: That Judge Carlton stand as an enduring monument to their integrity and zeal in the cause of God and humanity. It appears to us that in view of what they have performed, it may be justly written of them, 'They have done what they could." A higher encomium than this it is impossible to pronounce upon them." The Deseret Weekly. voters from the polls the fraudulent deposit to hire sensational revivalists and ful "actress-evangelists" to snuffle in and the churches and shout in the of the ballots of non-residents. a THE DESERET NEWS COMPANY, streets, for the purpose of converting "Liberal" religious victory might PUBLISHED BY 1.50 EDITOR. folks into "Liberal" voters. There be hoped for at some no distant date. will be no "uniting of Church Methodism in politics being essenand State" or "mingling of religion tially "Liberal" and right, and $2.50. and politics" in this, of course "Mormonism in politics emphatiThere would be, if a "Mormon" cally obnoxious and wrong. Bishop was to make a political announcement, or to advise people to vote any particular ticket, or urge them to unite in order to carry an election. That would be an offense against our political institutions sufficient to justify the total disfranchisement of every "Mormon" in the Territory. June 1, 1889. RELIGION AND POLITICS. "Mme. Frederika Nielson, the Norwegian actress-evangelist, will hold a six weeks' revival here in the fall. As every Mormon Scandinavian converted means a Liberal This sectarian political preaching voter next February, friends of the would be just the thing for the Scandinavian Methodist Church "Liberal" missionary to Washingthink the City Liberal Committee ought to subscribe towards the reton. He would shine far better in vival's support. Rev. Jesse Smith's the political pulpit than he did beefforts last winter made probably fore a Congressional committee. He 100 Liberal voters, many of whom could garble "Mormon" text-books, live in the First Precinct, where and draw unwarranted inferences, Liberal voters are much needed. Judge Baskin felt so good over what and bamboozle the uninformed with was being done at the Second East much greater hopes of success, beStreet church that he seriously cause nobody would be at hand who meditated going 'round there and taking a hand in the exhorting him- would care to expose his misrepresentations. Why not press into the service all the disappointed officeseekers and political dead ducks, who hanker after a chance to make it warm for the "Mormous" and to show their zeal in the "Liberal" cause-providing it will pay. could name several of this class who, for a pecuniary consideration, would second the pious efforts of the Reverend exhorter and manufacturer of "Liberal" voters, and might make a gain of another hun self." We clip the foregoing paragraph from the organ of the so-called "Liberal" party, which raves like an inebriated maniac over the slightest relation between religion and politics that it can discover or pretend to discern in the "Mormon" Church. As we have demonstrated, many times, the crusade against the people of this Territory has been of a religio-political character. The priests and the politicians have a concerted a ioined in attack upon the "Mormon" Church and the "Mormon" people. The sorrows and deprivations which so many iunocent persons endured here during the reign of terror, under the spy and spotter system and the nocturnal raidings of a horde of mercenaries, were the result of that coalition. And the extreme legislation which many members of Congress now regret may be traced to the same source. dred on the list. Its We have proven beyond refutation that in Utah the affairs of the Church and those of State are entirely separate, so far as "Mormonism" exercises any power. enemies endeavor to make it appear that, if an Elder of the Church accepts a civil office, or, acting as a citizen, works for the success of his party ticket, danger menaces the institutions of the country and the Church is dominating the State. The proposition is absurd and the object for urging it deceptive. And now the same fellows who resort to such rubbish and call it argument, favor the special mingling of religion and politics and the use of the lowest form of sectarian trickery to further their own political schemes and win votes to their side. We think the influential men among the "Mormon” people have been, if anything, too inactive in political matters. Every citizen of this country should have some voice and influence in public affairs. An We ordination to an ecclesiastical office is no bar to the exercise of the rights of citizenship. Those who pretend that it is, know better and never make such a pretence in reference to ecclesiastical influence on their own side. It is simply a shallow pretext. slurs of unprincipled scribes who, while protesting against religion in politics, would, if they had the means, engage the services of all the priests and clergymen in Christendom to preach their kind of politics, and pray, and sing, and wheedle and bamboozle converts into voting for their measures and their ticket. It is wicked, treasonable, un- It is time, in our opinion, for American, subversive of every every man of influence in this comprinciple of good government for a munity to use it on the side of good "Mormon” Elder to enter the politi-government and the rights of the cal field or even to look over the majority. And no man should pay fence. But a "Liberal" evangelist any attention to the sophisms and may occupy the ground and make "Liberal" voters by a religious process and a revival method, and it will be so right and republican and proper that subscriptions from "Liberal" political committees The words of the Apostle Paul ought to roll in, with a richness that are peculiarly applicable in this con- will fatten his ribs and cause him to nection: "Therefore, thou art inex-weep sanctified tears of pious joy. cusable O! man, whosoever thou art Wherever "Liberal voters are that judgest; for wherein thou much needed," an actress-evangejudgest another thou condemnest list or two, and a Reverend-revivalthyself, for thou that judgest doest the same things." The influence which these "Liberal" scribes suspect and insinuate as exercised in "Mormonism," they eagerly endeavor to use themselves. We favor the continuance of separate and distinct organizations of the Church and of the State. We believe that neither should dominate the other. But we would not give much for a religion that had no influence upon a man's actions, whether as a church member, a Then, with the head or part of a family, an integer repeated in society, a citizen, a voter, an of law-office-holder, or in any other capac ist or so should be at once secured, Oh! By all means, let the "Lib- Ogden "Liberal" tactics eral" committees subscribe liberally-the criminal exclusion Court of last resort, they are now of last resort, and the case had been ity or position in the community or UNLAWFULLY HELD. The cases of Peter Barton, William H. Maughan and Charles S. As we have stated before, there Hall, each of them from the First have been a great many indictments Judicial District, but not sentenced found under this double system by Judge Judd, are the same in which the Supreme Court of the principle as the Nielsen case. There United States declares unconstitu- is one feature of their cases, howTHE full text of the decision of tional. We may not have been ever, that leaves them open to legal the Supreme Court of the United technically and exactly correct in controversy. They each plead guilStates on the Nielsen habeas corpus case will be found in our columns today. It is a very important document. It settles forever the question whether a man saying that a number of defendants had been convicted and sentenced under similar circumstances to the Nielsen case in Judge Judd's court can at Provo. We do not wish to do be punished for unlawful cohabi- any one injustice. The Herron case tation and for adultery under parallels the Nielsen case more indictments covering the same time closely than any other in that and involving the same transaction. branch of the First Judicial DisIt also settles the question whether trict. O. F. Herron, of Pleasant habeas corpus is a proper legal rem- Grove, however, served out his senedy under such circumstances. tence for unlawful cohabitation and that for adultery, and so his case is beyond legal remedy-at least to save him from an unlawful sentence. The Court rules that the double punishment inflicted by the Utah court in this case was not merely an error in law, but a denial of a constitutional right, and that the court was wrong in refusing the writ of habeas corpus, for which the defendant applied when unlawfully convicted and imprisoned. ty to the indictment for adultery after pleading guilty to the indictment for unlawful cohabitation. Hans Nielsen plead not guilty and hence the appeal. But these men are now in the penitentiary under double indictments of the same kind as that which the court of last resort say is unlawful. That is why we say they are the same in principle. It is argued that as they plead guilty to the two indictments there is no remedy in their cases. This may be law-we very much doubt it though-but it is not good common sense. Each of them believed that the indictment for the greater offense was legal, or he would not have so pleaded. If it was illegal it was void, and therefore the whole proceedings based upon it were void. Is not that evident as a logical proposition? There are other cases, however, in the Ogden branch of the same Judicial District. And though the numerous cases of double indictment which have been held pending the The doctrine enunciated in the decision in the Nielsen case were not Snow segregation case is here re-exactly the same, because the depeated, enlarged upon and confirm- fendants had not been tried and sened. And it is made very clear and tenced, yet they were identically But it will be said, if these men positive that the Utah courts in the the same in principle, and if the de- were not guilty, why did they plead Snow case, and also in the Nielsen cision had sustained the action of guilty, and seeing they are guilty case, acted in direct opposition to a the First District Court, the peni- should they not be punished? The long line of legal precedents--the tentiary would soon be crowded answer is, the highest court in the books being "full of them"-as well with persons in exactly similar con- land says the offense to which as in violation of the Constitution ditions to those of Hans Nielsen. they plead guilty was included in of the United States. And, further: If it had happened the former offense which they acthat habeas corpus was not the pro-knowledged, and, therefore, their per legal remedy, or that there had been no appeal from the unconstitutional ruling of the lower courts, these unfortunate defendants, so indicted, would have gone to the penitentiary as others have been sent, not because they were guilty under the law, but simply because there was no appeal to a court where full justice could be obtained under the Constitution of the United States. The offense of unlawful cohabitation receives some attention from the Court, and the principle is again laid down that this is a continuous offense; that it is not comprehended in an isolated act; and that only one offense can be charged up to the time of the finding of the indictment. That while proof of sexual intercourse is not essential, yet the act, if proven, is part of and included in the offense of unlawful cohabitation, and therefore The Nielsen case was made a test adultery is covered by the cohabita- case, and these numerous other tion if committed during the time cases of the same kind were held mentioned in the indictment for until the decision of the Supreme cohabitation. Also that the offense Court of the United States could be of unlawful cohabitation, under the had. So far so good. But was it Edmunds Act, was intended to ap- not believed that the appeal would ply to men living with more than fail of being heard? And if Mr. one woman in the unlawful relation Richards, the attorney for the deof husband and wives. fendant, had not persevered in These points being settled by the pushing the matter up to the court second plea, made in ignorance of the law, should not work to their unlawful injury. And why should they suffer for ignorance which they shared (apparently) with the learned Judges on the bench and the learned prosecuting officers at the bar? If the second prosecution was unlawful, as the court above rules, then their imprisonment is unlawful in spite of their plea and admissions. Now, should any person be subject to unlawful imprisonment? We hope this case will end the undignified and unrighteous efforts of judicial officers to exceed the law,in excessive zeal against one kind of offenses and one class of offenders. "Let the law be enforced as in other parts of the country" is a sufficient demand for all essential purposes. it is impossible to comment on bar could rely upon his interpretaAnd may we not expect, from the the charge with certain correct- tions of the law on ordinary ques experiences that have been gained, ness. lf he has resigned, the tions and therefore respected him that in future the spirit as well as course is clear for the appoint- and his decisions. It was only on the letter of the rulings of the high- ment of a successor. But if not, the "Mormon" question that he est judicial tribunal of the land will the appointment is not lawful unless seemed to lose his balance and bebe respected, in court as much at some charge has been preferred and come cruel, harsh and oblivious to least as out of court, and that sustained against him. We have the other side." vengeance and malice will not again been informed on good authority If his return to office means a figure in official circles in this Ter- that no complaint was on file in revival of former methods in the ritory, by way of executive or judi- Washington against Judge Sand-treatment of the local difficulty, cial excesses, or in straining en- ford. He might be removed for it also means a disruption of those actments beyond their legitimate cause, if any cause existed of suf- pacific relations which have been limits and intents? ficient gravity to warrant the re- formed since he vacated his place, moval. But the judicial office, as and a barrier in the way of the mahas been shown in these columns, terial progress and development of differs in its tenure to others within Utah that will be truly deplorthe appointing power of the Presi- able. dent. The term is for four years, and the limitation, "unless sooner removed by the President," is not attached to the specification as it is in regard to other Federal offices in the Territories. A SURPRISE FOR UTAH. THE announcement in the press dispatches that President Harrison has appointed Charles S. Zane as Chief Justice for Utah, occasions great surprise and, we may add, very great regret among the majority of our citizens. This appointment is surprising for two reasons: But we do not view the matter hopelessly. We have no doubt, from Judge Zane's general character and reputation, he acted under conviction that the course he pursued was best calculated to effect the end Presuming that Judge Sandford designed. That it did not, must be First, so far as is generally known has not resigned his office, he has evident to him as it is to others. In here, there is no vacancy in the the right under the law to retain it view of this fact, and of the wisdom office. If Chief Justice Sandford until removed for good and suffi- that all intelligent people gain from has resigned, the fact has been kept cient cause, notwithstanding the experience, may we not hope that very quiet. Without such vacancy reported action of the President. the pessimistic views which some the President has no legal power to If, however, he is too indignant to people take in consequence of this create one in order to fill it with a contest the matter, or holds the po- appointment will be dissipated by member of his own party. It is sin-sition too lightly to desire to main- the actual facts, and that our future tain his rights in view of the situa-history will afford another demontion, the course will be clear for his stration of the adage, “Revolutions successor, if he can with dignity and never go backwards." self-respect accept the place under the circumstances. gular that such a measure should be taken by President Harrison. Second, it has been made very clear that during his former incumbency, Judge Zane was extreme and fanatical in his interpretations Judge Sandford, so far as we consistent A TIMELY TOPIC. and enforcement of the laws of have been able to perceive, has LAST Sunday afternoon, when Congress, particularly against one pursued a course un- the congregation was emerging from class of offenders. That in this der the laws and his oath of the Tabernacle, subsequent to the office. He has not spared offenders services, a number of hacks, or open against the law, nor has he exhib-vehicles, were backed up to the ibited spleen when they have come sidewalk fronting the south gates before him for sentence. His policy and the drivers were shouting and has been not to inflict the extreme touting for excursionists to the penal y for a first offense, seeking Lake. "Fifty cents to the Lake and to win snbmission rather than provoke resistance or extort promises. He has gained the respect of people here of all classes and beliefs, and, we believe, has followed the dictates of his own judgment and conscience. respect his zeal outran his discretion. And that anger and vindictiveness were so apparent in this direction, that they were the subject of regret and animadversion among all who witnessed them, except a clique of bitter partizans who, while pretending to favor the suppression of crime, were the apologists and defenders of lechery and lust. Also, it is notorious that under his judicial regime, business was paralyzed, sorrow penetrated many innocent hearts unneces sarily, and the progress of the Territory was materially retarded. back, bath included!" was the noisy invitation to tourists, and the people just coming from public Sabbath worship were entreated to break the Sabbath for the small sum of half a dollar. We hope that if this thing is reJudge Zane, apart from the vin- peated tomorrow, the police will dictiveness and partiality he dis- perform their duty, enforce the played while on the bench against ordinance and abate the nuisance. For these two reasons alone, it offenders of a special class, ex- The enticements offered to young was not believed that President hibited thorough knowledge of people to induce them to violate Harrison would permit the pressure the law and profound judicial their consciences and the obligations of Judge Zane's personal and party acumen. That he was a good of religion are sufficiently public friends to influence him, so far as to and able judge when not excited and shameless, without this added remove a competent and conserva- on the one question, we have never impudent attempt to insult the detive Democratic occupant of the disputed. He sustained the local vout and thrust the allurements to bench, in order to make way for a governments in their endeavors to evil under the very eyes and ears less cautious if not a less learned enforce municipal and territorial and nostrils of respectable and Republican. enactments, and was generally on prayerful people. It should be Until we learn what Judge Sand- the side of temperance, education promptly stopped. ford has done in the premises, and good order. Members of the There ought to be no need to warn few Mormon families about Bluff "The only settlers affected are a City and Monticello, not, probably, exceeding forty in all. They are all squatters,having no vested rights in the land. The treaty proposes a their improvements, and they are liberal compensation to them for satisfied with the treaty. They are anxious to remove from their present location to the rich and well watered lands of the present reservation in Colorado. At least I am so informed by their bishop, who most zealously assisted in the making of the treaty, and who is one of the firmest advocates of its ratification." any one who professes to be a mem- AN IMPORTANT MATTER. those on the other side, in Colorado, ber of the Church of Christ, of any are urgent in its favor. The reply age or standing, young or old, lay IN ANOTHER column will be says: or clerical, against the sin of Sab- found a letter received by Governor bath-breaking. We do not depend Thomas in regard to the irrigation upon any ancient injunction or question. The visit of the Commitmodern interpretation of former tee of the Senate, which is to take scripture for the Divine will on this place in August, will be of very subject. It it a been made known great importance to the people of this by direct revelation to the Latter-Territory and the regions surroundday Saints. It has been repeatedly ing. Committees should be at once referred to in these columns. But appointed by the people in the for the benefit of the thoughtless several irrigation districts, who and forgetful we will here produce should collect data and all possible it again: information relating to this subject, so as to be prepared, when the Senate Committee arrive, to present the required points for their consideration. The problem of an adequate water supply is a serious one and is pressing on the public mind today with special force. If we only had water enough, Utah would be made a veritable garden spot from north to south. The arid wastes now left "And that thou mayest more fully keep thyself unspotted from the world, thou shalt go to the house of prayer and offer up thy sacraments upon my holy day; For verily this is a day appointed unto you to rest from your labors, and to pay thy devotions unto the Most High. Nevertheless thy vows shall be offered up in righteousness on all days and at all times; But, remember, on this the Lord's day, thou shalt offer thine oblatious and thy sacraments unto the Most High, confessing thy sins unto thy brethren and before the Lord. And on this day thou shalt do none other thing, only let thy food be prepared with singleness of heart that thy fasting may be perfect, or, in other words, that thy joy may be full." to sagebrush and greasewood could find homes where now the rabbits only can find refuge. Farmers and THE UTES. the treaty with the This is only one of the duties of a Latter-day Saint. But it is of importance to each member and to the THE article written from Moab to whole Church. And those who dis- the Rocky Mountain News in reregard it and despise the Divine gard to command, are not entitled to the Colorado Utes, and their blessings of the Holy Temples nor templated removal into the southern the rich gifts that God has in store part of this Territory, has drawn out for the faithful and true. a reply which is published in the same paper. All the excuses that are offered con The difficulty in this part of the matter is that the treaty does not propose a liberal compensation to the "Mormon" settlers, but less than half what would be a fair consideration. They are not "anxious to but are willing to do so if anything remove from their present location," like justice is done to remunerate them for the consequent loss of ing their tilled lands. As to where breaking up their homes and leavthey will go, that is a different matter, but it is doubtful if they will want to go into Colorado. It is to be hoped that the friends of the treaty, whether in Colorado or in Washington, will use their influence to secure a proper compensation to the settlers who, if it is ratified, will have to vacate the farms and gardens they have redeemed from the desert, and make new homes in some part of the country out of close proximity to the Utes, whom the Coloradans are so desirous of dumping into unresisting and afflicted Utah. for Sunday excursions and neglect Of course the writer wants the Inof Sunday worship are as trans-dians removed that their reservaparent as the air and as weak as tion may be thrown open to white vanity. The day of worship and of settlement, and that ranchers in the rest can be observed in the spirit neighborhood may be relieved of Says the New York World: It is thereof, and yet afford ample op- the annoyance and possible danger asserted that President Harrison is a portunities for breathing the fresh of close association with the uncer-physiognomist and often appoints a air, inhaling the perfume of the tain red-skins. But he, like the man to office or rejects his claims as blossoming trees and flowers, and author of the first communication- he is pleased or displeased with his taking that moderate exercise which which has been copied into this face. The same gossip was at one is suitable to the occasion. There paper-writes from purely selfish time current regarding Mr. Cleveis no need to fly in the face of Provi- grounds and not from motives of land. In a general way, of course, dence, violate the rules of the general public policy. This is very there is some ground for a PresiChurch, and outrage prevailing sen- natural, but will not do for a guide dent's reliance on the science of timent because of regular week-day in the determination of a public Lavater, but a man's features and employment in any capacity. question. expression are often misleading. If Mr. Harrison could find time to combine phrenology with physiognomy he might arrive at more just clear to a man on an eminence conclusions than can be reached overlooking both locations, that it under his present method. Perhaps will be of some detriment to the set- a Cabinet officer having officecranial bumps under tlers near the proposed place of re- seekers' moval. So the ranchers and farm- his charge might possibly be advantageously establishers on this side of the Utah line are very as much opposed to the project as ed. We hope our young friends will If the people near the present Ute have sufficient strength of mind to reservation will be benefited by the resist the allurements to wrong-removal of the reds, it looks pretty doing which abound, aud that they will learn, without the lesson of affliction, that there is more true enjoyment, in the long run, in keeping the commandments of God than in enjoying the pleasures of sin for a season. |