The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-01
THE UTAH DEADLOCK.

Delegate Hooper In Reply to District At.
torney Batcs-The Mormons VIII Submit
to the LAWS OF the United States, but OBJ
icct to Paying for Their Own Prosecution.
WASHINGTON, Jan. 81, 1872.
Delegate Hooper, OF Utah, has addressed letter
to the Territorial judiciary and Appropriation CON-
mittees of both houses Of Congress in response to
the letter OF George c. Bates United States District
Attorney OF Utah. 1t appears from the records
OF the Courts OF that Territory that
the Territorial Court has decided that
IN criminal cases from which there is no appeal to
the Supreme Court OF the United States, It Is a
United states Court that all Its grand and petty
Jurors must be ana had been drawn as United States
Jurors under the acts Of Congress, In violation
of the laws of Utah; that the United State 9
Marshal, as sucn, must serve all processe g.
civil and criminal, issued therefrom and from Inc
District Courts of the Territory; that the UNI ted
States District Attorney must prosecute all Grin inal
cases pending in said Territory, such as mu rder,
assault with intent XII, felony, &C., and tn at the
Attorney General and the Territorial marsh AIS APP
nolnted under the laws OF Utah had no lawfr RI pht
20 appear In and act as such IN the TIE rritorial
Courts thus by Judicial legislation conve ftinQ the
Territorial Court into federal Court, an thereby
NJ the same time gushing the Territorial. officers
elected according to Territorial laws from the
duties OF prosecuting crime against the NJ II sucn
be the law, why, ne asks, should the Terrific
ren Council be asked to appropriate ne MONEYS OF
the Territory and tax The people OF tan to nav ex
penses OF a United states court eng agea with their
United States Marshal and district ATTORNEY in rho
prosecution OF crimes against the IL avs OF the United
States Surely the United states DO not expect the
Territories TO maintain their. judiciary or
TO enforce their laws. But, In truth and IN
fact, Mr.. Hooper says these decisions are In
VIOLATION OF TT r. LAW
as established 10y rulings OF he Terrnor,al Courts
and supreme Court OF the United states, since the
very first Territory was orgs .nzed under the gov
eminent he tnen quotes ne authorities, and Sal 8
whole course Of the Ter rltorlal Supreme Court
OF Utah is In vlof .tion OF law. IL an.
pears that that ,,t the territorial Courts OF
ponea 's them s United s, sass District nc
Attorney al Interim, found some thirty ind Ct.
ments, and nave cor signed to Camp Douglas as
PRISONERS some i've nty Mormons. There IS no
ments, and BasKin has no more right 10 enter the
Grand jury room OF act with the Grand Jury
tnan any other layman. Mr.. Hooper says
ne Is CORE city advised BY eminent au-
thorlty all thes; indictments are null and void,
lor TINS reason After further remarks he says IN
conclusion that, the people OF Utah are
WILLING TO SUBMIT THEMSELVES TO THE LAWS
OF the United states, enforced according to law;
but they see reason why they should pay the ex-
penses ,of, They Will, through the Territorial
Courts ARD Territorial Marshals and Attorney
rorla lfIws Tor the punishment OF murder, assaults
| win q eadly weapons and other crimes and VIII
cheerily vote 10 pay all the expenses OF the courts
| whic's seek 10 enforce law according 10 law
toms OF law. they win refuse 10 do SO. AZ the
Utah Legislature have mad no meeting since tneso
present month. they have had no opportunity 10
Il decide on The momentous questions involved; pus
MI, Hooper pledges himself for taem tpat tney VIII