New-York tribune., 1872-01-30
THE MORarON QUESTION
SENATOR CRAGIN's PROPOSITION,

Ihs Eatfor OF The Trt6une.
SIR: Tho telegraph brings the intelligence
that Senator Cragin ha, introduced bill providing for
the payment OF the Court expenses In Utah. without
some action OF this kind prosecutions must cease here
There are Territorial Courts having jurisdiction over
criminal matters In Utah. Formerly such existed and
crimo was repressed and punished with considerable
vigor; but under the decisions OF the United States su-
pree Court of the Territory from which there no ap
peal In criminal cases. the several District
Courts have exclusive criminal jurisdiction over
all offcnses, and the Territorial Courts here
tofore existing ore practically suspended inc
judges and prosecuting officers selected by the Legisla
lure have abandoned the e because their acts are at
once set aside by tie United States Courts. Criminals
confined by order OF the Territorial Courts speedily
brought before the u g. Judges and act at liberty. To
such extent has this been carried That II Is no" gen
orally admitted that 10 be antMOrmon n TO secure
immunity from punishment for crime. Police regulations
nro declared to be beyond the power OF the municipal
authorities Of Salt Lake CITY, Prostitutes arrested fined
by the police court and imprisoned for publicly plying
their infamous traffic. set at liberty by the u g.
Courts and the right Of Mayor and Aldermen to adopt
o sysom OF licenses for selling liquors and to prosecute
dram-seers violation Of the ordinance is denied.
UTAH PRACTICALLY WITHOUT CRIMINAL COURTS.
Utah then is practically without Courts before which
the criminal OF to-day can be brought. and by which
he s likely to be punished Unless something Ia done to
ns may occur from day to day, reign of disorder and
violence is certain to ensue There ID little encourage
meut for the United States Courts to seek to punish
crime, money is provided with which TO meet neces
sary expenses In Of InfractiOn OF United
States laws, which cases are OF rare occurrence
Under the rulings OF the United States Courts here
which liye exclusive jurisdiction In criminal affairs TO
the Courts provided by the general Government, the
United States Marshal is authorized TO select all Jurors
the United States District Attorney Is compelled to
attend all the Courts in the Territory and prosecute all
such offences Acting under these decisions, the present
Marshal incurred expenses in tho prosecution OF
offences against Territorial laws amounting to nOt less
than sl30OO which the Controller Of the Treasury at
Washington very properly refuses to audit and allow
Court certificates issued TO Witnesses jurors, bais &c
are handed about tho streets and offered at the rate Of
twenty five cents the dollar The country has ap-
peared to demand something the hands of the Judges
and they have not been dsinclined TO listen to the
cIamor. Accordingly they have carried the Courts
without funds by getting credit for all needed supplies
They have d, ed deep the musy records of the past
and have brought light considerable number OF old
ofenses They have prosecuted poygamiss for crimes
against the Territory rather than against the General
Government. and the General Government declines
20 pay the bills. Trials OF prominent Mormons for viola
tions OF Utah statutes against murder ascvous cohab-
taOn &C. set for Jan aud yet there Is no money
pay the fees OF jurors witnesses Marshall District
Attorney or any other OF the United States en-
gagged in Territorial Court duty under the decisions TO
which have referred
SHOULD TIE UNITED STATES PAY RNPisSESf
The bill Of Mr. Cagin will be an anonalyin legislation,
and will open the door to vast and unlimited eXpend'
ure If an appropriation made 10 defray the costs Of
criminal prosecutions under Utah Territorial laws tho
harvest time of the Utah law officers will indeed have
arrived. Immense costs VIII be assessed upon the ma
ton The field OF criminal complaint is open 10 the
world To complain is the easiest thing imag agnabe and
I,I. tha
Of the nation no Judge will feel Justified In refusing
warrant for examination and commitment. Then follow
the service OF the warrant by the U. :. Marshal, tho
summOnng OF witnesses, and the appearance or tho u
8 District.Attorney. The defendant Is perhaps dis
charged but there stands n heavy bill Of costs which
the United states must pay If all oiIenscs Charged
upon the people Of Utah to be prosecuted hy United
states officers the judicial expenses will be enormous.
The truth Is that it is entirely without precedent Tor
the General Government 10 defray the expenses OF GRIM
nal prosecutions for violation Of Territorial htatutcs
While all Territorial matters may be considered aS
within the scope Of Congressional supervision Mas al
ways been sought 10 make the Territories mehsnrabiy
self-suppOrtng. The United States courts nav hah
Jurisdiction of all cases involving the violation OF United
States laws only and for the prosecution Vi SUCH oses
the expenses borne, as in the Sie'' ny 'c
Government To make an exception IN ia'or OF Ct'h'
by appropratng money 10 pay the EXPENSES oI ' GRIM
inaI prosecutions, would be 10 cstahhsh precedent
which might ourn the doors enormous extravaganza
in all our Territories. 1t may he doubted II the con
servation the public morals in Utah s more necessary
than any other of Territories and II the paernal
Government will C?aciousy audit all accounts which
NAV be presented all criminal prosecutions, may
look vglauc the part OF court officers in the in
stgation of suits Il prosecutions the fecs and eN-
penses of which aggregate sums calling TO mind the
golden age of the EcbclliDn.
PRLCEDENts AND LAW.
According 20 uniform precedent. the Territorial Dis
fr.f tIa
of offenders against Federal flaws in which the United
States Marshal the jurors and witnesses. and
the United States DistrctAOney appears the prose
cutOr and second for the trial OF offenders against
Territorial statutes, in which Territorial Marshal and
Prosecuting Attorney the officers Of the Court and
the expenses of the trials borne by the Territory
The u,ah Judges. however made The eXtraordnary rn
ing that all oenses must be prosecuted by the United
right to officer of the Court. Tho United
states Ma shal thcreupOn called upon the Territorial
while engaged with offenders against the Territorial
laws. The Treasurer refused To furnish such
the ground that the Marshal not Territorial officer:
that by the organic act creating Territorial Govern
men it was expressly provided mat no United states
had also been rclnacted by the Legislature Of the
GERS must give bonds for all moneys coming
into their hands, and that the Territory had authority
IN exact bond from the United States Marshal and
that even II such bond given it would be void
oxacted without authority of law.
II would thus appear that the Territorial officers
vuolv IN nrecise accord with the ruling OF IN. Attor.
ney General OF the United States in holding that the
prosecution OF offenders against the Territorial laws
not matter with which the officers of the general
ernment such, have anything 10 do The judges, by
their rulings have virtually stopped the prosecution Of
all against the Territorial laws unless the ur
ors witnesses and officers OF the will render their
services gratuitousy, and pay their bills. The
Judges declare that they must absolutely control the
courts they cannot convictions II they recog
niZe the courts established 10y the Territorial Iegsla-
ure vested with power 10 try, convict, and punish
the leading MormOns who may he suspected Of compile
fly in crime will he brought To Justice. II they
apply Utah laws exclusively TO crimes against the
peace OF the Territory, and to which the United
States IL not party, then the Utah jury sys-
TEN comes iu. and under it MOrmOns would be
pretty sure TO get the jury panel. For ELI :,
cacv then. they must be United States Courts, eIr
loy ing United States laws when such best adapted