Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-10-02

can be tried, under the Constitution of
the United States, untit after he has
been indicted by a Grand Jury, there
was perfect bar put up against all
criminal proceeding, and malefactors of
all classes have held high carnival, with
no restraint except that imposed by the
Nominations of the Church of Latter
Day Saints, and the more potent fear of
the interference of strong garrison of
United States troops. This state of af-
fairs was not pleasant for that portion
of the people outside the protection of
the church, who believed that the gov
eminent would adhere to the doctrine of
the constitution, that the military shall
be held in strict subordination to the civil
power, and that in all criminal prosecu-
tions the criminal shall enjoy the right
to speedy and public trial, by an i'm
partial Jury of the State and District
wherein the crime shall have been com
mitted, is a necessary protection to the
people.
Soon after the appointment OF Asso-
ciate Justice Emerson, in case brought
before him, if we are correctly in
formed by the newspaper report, he de-
cided that the Supreme Court,had power
to call Grand Jury, and that the law as
1t then stood, was mandatory upon the
Clerk, and that it was his bounden duty
to issue the Venira of the Court regular
ly, and without delay for Grand Jury.
This decision created a good deal of
comment, not only in the territory but
outside as being dramatically opposed to
the unanimous opinion of the Supreme
Court, probably when the immaculate
Drake assisted Chief Justice Mexican to
administer the laws in the highest Court
of the Territory, or perhaps after Judge
Drake had sold out his Associated Justice
ship to the equally pure Strickland for
few thousand dollars. But, be that as it
may, Judge Emerson made his decision
and stated his reasons for it in an opin-
ion so clear and conclusive that the Bar
of Salt Lake City saw at once that they
had at last got judge upon the bench
of the Supreme Court, iwho had the abil-
ity and integrity to Inravel the sophis-
tries that could be spun by all the talent
Brigham Young could employ.
During the last few weeks. the Ter
ritOrial Attorney General moved before
Chief Justice Mexican for mandamus
upon the clerk of the court to issue a
venira for a grand jury. In making
this motion, the Attorney-General cited
and relied upon the opinion of Judge
Emerson, above referred to- Judge
Mexican listened to the address of the
chief prosecuting officer of the govern
ment with bowl III head, and, at the close,
said he wouldIake the papers and hold
the question ujder advisement. During
the dinner reCIS it was the unanimous
expression 81 the bar that the papers
would be pisfOn- holed and never heard
from again as they could readily see
that the c fef Justice would not desire
to attempt flo cOntrovert the position of
Emerson; Fbut during the afternoon the
clerk tocf the responsibility of issuing
the venif, and the Grand Jury was
summonE. When our old friend Phil.
was appointed Associate Justice of this
Court, we predicted that his influence
would be felt there. He has already
broke down the dead lock in criminal
matters and set in motion the wheels of
criminal justice, and given the Supreme
Court a higher claim to the confidence
of the people than it ever before possess
ed. Judge Emerson is making his mark
! in Utah. and is the rising man on the
bench of her Supreme Court; and we
predict that his talents and services will
in few years be devoted to the nation
in the highest branches of the public
service.