National Republican. (Washington City (D.C.)) 1872-1888, 1874-10-16

AS resolutions do not require the Gov
errors approval, all subsequent legislation
supposed 70 be inimical to the Governor
was put through in the shape Of resolu-
tons.
From these and similar causes have
arisen nearly all the difficulties disturbing
the peace and prosperity of Utah Con-
tinual conflicts of jurisdiction between the
Territorial and Federal courts and officers
have prevailed. Congress, for instance,
enacted that no law should be passed by
the Territorial Legislature, interfering
with the primary disposal Of the soil. "
And yet, as we learn by the recent charge
of Judge Mexican to the grand jury assem-
bled under the much-abused Poland law,
and composed in part Of Gentiles and the
remainder of Mormons, the Legislature
assumed to dispose of large tracts of the
public lands; of many streams of water,
''slthough artificial irrigation is essential to
nearly all agricultural lands; and of vast
forests Of timber, though such forests are
'far from numerous"
1t is a significant fact that these grants
were chiefly made to Brigham Young and
other dignitaries of the Mormon Church,
and greatly to the oppression of citizens
and owners of adjoining premises. The
Judge cited numerous grants to the jury,
and stated that many unlawful acts Of dis
possession had taken place under them
without due process of law, and some
times resulting in murder. The Judge
called the attention of the jury to
many other acts of the Legislature
and proceedings under them which are
void. One prohibits an attorney from ex-
acting or collecting counsel fees; another
makes a physician guilty of murder or
manslaughter, as the case may be, and
punishable accordingly, for administering
poison in the form of medicine without
first explaining the character and quantity
of the remedy and obtaining the consent of
the patient in the event Of the death of such
patient subsequently from its influence;
another Incorporates the Church of Latter
Day Saints as the State Church, although
the Constitution prohibits any and ali claws
respecting the establishment of religion or
''the free exercise thereof" Under this act
ofinccrporstion the frightful doctrine and or
dinance of ''blood atonement for sin" is en-
forced. The law of the Territory also makes
treason against the Territory punishable
with death. Under this act Brigham Young,
as Governor in 1857, declared martial law
and ordered out the militia to prevent the
United States troops from entering the
Territory.
The Judge instructed the jury that all, or
nearly all, the foregoing acts were null and
void, and charged them to investigate and
learn who were guilty of crime and indict
them, regardless Of any Federal, Terrific
rial or local official position he might now
or heretofore have occupied. He also re-
ferred to the crime Of polygamous inter-
course, instructing the jury that such inter
course is adultery, and must be punished
accordingly.
The polygamous marriage being secret
If is difficult to make proof Of its occur
renee. 1t is, therefore, doubtful whether
indictments for it can be found against the
real and leading criminals. 1t is not the
design of the court to deal harshly with
the ignorant and comparatively irresponsi-
bic. But all friends of good morals and
true religion will be G ratified to know that
there is a fair prospect of putting stop to
the unholy practices and oppressive rule of
the hierarchy of the Church of Lstter-Day
Saints. Judge Mexican is the right man
for this work. Intelligent, calm and con-
siderate, yet firm in the right and unfinch-
ing and unterrifed in the performance of
duty, fine lawyer and an upright judge,
there is no fear that he will do injustice or
uphold any undue exercise of power.
For the law which enables him to indie
and arraign the leaders in the Mormon
Church for the numerous crimes which
they have committed or instigated, the
country is indebted chiefly to the efforts of
Judge Poland, of Vermont, who framed
the act and reported 1t from the Judiciary
Committee of the House, and by his per-
sonal efforts and high character and in
f1uence secured its passage through both
Houses of Congress. Time will vindicate
the wisdom of this act, as well as of those
more laborious services which he rendered
in the revision of the Statutes at Large, on
account of which he is so roundly abused
by small portion of the subsidized press
of the country.