The sun., 1873-08-27

the Territory with q very bad opinion of the
Mormons I'm general and of Elder PRATT
in particular Immediately afterward
Judge MCKEAN appeared on the scene and
opened his batteries against the Saints
Ills first movement was to set aside the
Territorial jury law, and in order to do
this he declared his court United States
Court and himself n United states Judge
His first Jury was selected Ivy the United
States Marshal, through his deputies, the
Territorial laws in relation TO juries being
entirely disregardcd.
After this came the tedious and cxpcn-
si1c proceedings against BhIGIAM YoUNG
and other Mormons for murder and unmo-
raj conduct, which, after illegally involv-
ing the Government in enormous costs,
terminated in complete failure, n they
had been conducted throughout in utter
disregard of law. The Supreme Court OF
the United s ates decided that MCKEAS's
jurics were illegal; the prisoners were all
released; and the first effort of NEWMAN,
GRANT, and MCKEAN to solve the Mormon
problem came TO nothing.
In September. 1872, an Jthcr solution was
United States sustained the validity Of the
Territorial jury laws, and these require the
clerk Of the District Court to- issue Il vcnirc
for Grand Jury as well us for a petit jury
thirty days before the commencement of n
regular term Of the court But Judge Nc
ELAN saw III tu ovcrrulc the decision of
the supreme Court of the United States
and taking the position that no legal jurics
can I've had in Utah. hc has pcrsistcntly re-
fused to order the Vcnirc for u Grand Jury
required 10y law. thus rendering it impos-
siblo for the courts To administer justice TO
criminals. Al the last session of Congress
application was made for special lcgisla-
tion which would give the power of select
ing jurors into the hands OF United States
officials; hut, though the application had
the support OF the President, il failed.
The plea put forth 10y Judge MckIAN
for Congressional interference j. that un-
der tho Territorial jury laws n jury cannot
he brought to convict II Mormon charged
with crime. This may or may not he true; {;
but on the other hand the opponents Of
McKEAN say that he does not want Grand
Jury drawn for fear il will investigate his
own conduct. II is further asserted, with
n show of reason that the power of select
ing juries which the MCKEAN party wish
Congress to confer on the United States
officials in Utah. where important mining
suits are constantly arising might be made
worth millions of dollars annually 10 the
persons who are mtrustcd with the selcc-
ton, provided they are reasonably pro-
fcient in Addition. Division, and Silence.
4 recent incident has given this subject
renewed interest. There il a new Judge
temporarily assigned to tho salt Lake iu-
diciul district-Judgc H. II. EMERSON. from
Michi gnn, who has not been in Utah long
enough to believe his court superior to the
Supr, me Court of the United states. \
week or two ago the Territorial Attorney
General called upon Judge EMERsoN to
order the Clerk of the Court 10 issue Il
volLre for q Grand Jury in compliance with
Jaw. la response to the application Of the
Acknowledgement. Judge EMERSON SAID
that thu law requiring the Clerk to issue
the veurc wns imperative ana valid aud
should hc oh,ycd hut inasmuch as he WIS
| only temporarily in the district he laborcd
under embarrassment in making the order
required. If pressed he would mune it :
hut would rather II should be waived until
Judge MCl>EAN was personally on the
bench. The Attorney -Gpnornl withdrew
his motion. ana 20 the criminals aVaitir =
trial are safe from indictment Tor tho
present.
This is the present position of the | tah
jury muddle. Criminals ia that TERRITORY
cannot be- brought 20 justice because II
Territorial Judge violates the laws lac l.
appointed 10 enforce and ut the same time
undertakes to aunul the decisions of Tie
supreme Court OF the nited states. And
this burlcsque of justice is encouraged, ii
not inspired, 10y President GHA>r.