New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-01-05

ANSWERS TO THE ACCUSATIONS AGAINST GOVERNOR
EAERY-rHE CHARGES ALREADY EXAMINED BY
THE INTERIOR DRPARTMENT-LARGE MAJORITY
OF GENTILES IN UTAH FAvoRING HIS REAP
POINTMENT.
lBY TELEGRAPH TO THE TRIBONE.l
WASHINGTON, Jan. 1.-The President will proba-
bly decide early this week whether he will reap
point Governor Emery, Of Utah, OF send some one
else there III his place. The Legislature of the
Territory meets in its regular biennial session on
the 18th OF this month and, if Mr.. Emery is 10 be
the Governor of Utah for four years longer, he
ought TO be back and of his post at that time.
Governor Emery's administration was satisfactory
TO President Grant and has been so to the present
administration The former just before he went out
Of the White House on March 4, 1877, spoke
in very high terms of Governor Emery and
declared that he had never had mo-
ment's peace over the affairs Of Utah
until he sent him there. SO successful has Cover
nor Emery been in managing affairs at Salt Lake City
that UP to the 1st OF December last, bis enemies in
the Mormon capital seem hardly TO have thought OF
opposing second term for hun. But the delay OF
the President in sending his name to the Senate
seems to have inspired them with hope, and now
they have succeeded in making considerable i'm
preston here in Washington.
The accusations that are made against Governor
Emery are twofold First. there is the definite ac-
cusatlon that he approved bill of the Legislature
of Utah repeating laws passed in 1852 making Sc
huction adultery and ewd and lascivious cohabita-
ton crime and, secondly that he is not earnest
enough in his hostility to poIygamy, and that
the Genties of the Territory lack
confidence in his courage in case of an emergency.
The first of these is old accusation filed in the
Interior Department some time ago, Investigated
by that Department and dismissed, furnishing no
ground for critcisng the Governor but recently
vived by The Salt Lake Tribune, and taken up in
Washington by the enemies of the Governor, and
repeated by some respectable newspapers in the
East Papers on file in the Interior Department
contain the Governors explanation of this matter
and the report Of Mr.. Chace, the special agent,
who inquired into 1t, both of which were satlsfac-
tory to Secretary Schurz. As the accusation is
rather a grave one and the filling of this Office
by proper appointment is especially important at
this time on account of the aggressive attitude of
the administration on the Mormon question, brief
outline Of the Governors explanation is here given.
When Governor Emery went TO Utah In 1875, the
criminal laws of the Territory were hodge-podge.
The Legislature, ever since the organization OF the
Territory had been in the habit os passing acts with
out any regard their relations with Others already
on the statute book, and the result was such mix
ture that it was almost impossible to convict any
one of a crime. If man was indicted under one
law his counsel would find some other and later
law so much in conflict that the indictment was al
most sure TO be quashed The penitentiary was
almost empty. So alarming this state OF affairs
that meeting of prominent citizens of all classes
was held to devise remedy, and the outcome of
that meeting was the appointment of a committee
of lawyers to prepare new code and Sc
cure its passage e by the Legislature.
That committee consisted of the then United States
Attorney, an ex-United States Attorney represent
ing the Gentiles, one prominent Mormon, and one
prominent Jewish lawyer. This committee adopted
the criminal code of California; first, because the
preparation Of a new code involved much Labor;
secondly in order that the Courts might have the
benefit Of the California reports IN interpreting;
and thirdly because it was well adapted to the state
of society in Utah.
Gentle sentiment in Salt Lake City was unani-
mously in favor of the adoption of this code by the
Legislature. Tho Salt Lake Tribune urged it, as did
the United States Judges and every prominent law
yer The Mormons hesitated, fearing some " cat in
the meal" but finally with reluctance agreed to it.
When it was presented TO the Governor for his sig
nature, he called i'll the most prominent lawyers OF
Salt Lake City, including Judge McBrde-who
is now almost the only Gentle of prominence
who opposes Governor Emery's reappontment-
and they unanimously advised him TO approve 1t.
Nobody ever suggested that he ought TO veto it
until long after, when tue Governors enemies
thought that it would sound badly in Washington
10 make the accusation referred to above and then
the Administration threw the out of court. The
special agent who investigated it declared that it
was "the thinnest mess of stuff" he had ever been
sent 10 inquire into.
Now, as to tho repeal of laws against seduction.
etc by the adoption of tho California code, ChefJus
ce Hunter Of the Utah Supreme Court says that the
new code contains all the provisions against such
crimes which are in the California code, and that
they are very good as far they 20. He adds that
the laws on this subject which repealed were q
dead letter, which it impossible to execute
aud even if there had been life in them
any lawyer knows that they could not
have been made applicable to the cases
OF polygamous Mormops. On the other hand the
new code contained changes in the Jury laws
which for the first time made it possible to exclude
Mormons from juries about 10 try indictments for
bigamy change that has been greater blow to
polygamy than any other that has been dealt since
the passage of the act of 1862.
Governor Emery brings with him O complete
answer to the other assertion that the Gentles lack
confidence in him. and that he lacks courage to act
fearessly and promptly in an emergency, in letters
and petitions which he will present to the Presi-
dent At least nine tenths of the Gentle citizens Of
Utah of any prominence or influence, and the rep
resenatives Of much larger proportion of the Gen
tile capital invested there have signed petitions
have written letters to the President asking for his
retention. Oftwenty-three or twenty-four Gentle
lawyers IN Salt Lake City, seventeen support Gov
ernor Emery and about the same proportion
OF the Gentle bankers, merchants. mine-Own-
ers and professional men are on the same side.
manding at Fort Douglass and United States
Marshal Shaughnessy, have written letters to the
resident. the latter giving specific instances In
ynichthe Governor made the fullest preparations to
keep the peace when trouble was threatened. This
very preparation, which was known TO the Mormon
itesoeIi. although not publicly announced, is be-