The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-04-01
WHISKY AND ITS RESULTS.
Deputy United States and County
ACKNOWLEDGEMENTS to
Answer,
MOUNT PLEASANT,
March 25th. 1881.

Editors Herald:
Again another scene in the drama
of the Whisky Ring" of this place is
just closed, resulting in a fine of S75
and costs, taxed at SIC, against one
a. 0. Nyborg, whose prolific pen in
a Swedish paper published abroad,
glaringly depicts the low state of
public morals in Utah. He is out
Wardly the sole proprietor of a rev.
enue licensed place, but he sells in
defiance of the city ordinance. O..
| +. Pritchett is the real owner of the
| liquors sold, so rumor says.) 1t
took about eight days to determine
before municipal court the fact of
the sale, so perSistently was the
case defended by United States
Deputy Prosecuting Attorney Jacob
Johnson, though the prosecution
possessed and produced indubitable
evidence of sale and business. When
left the court, Mr.. A. 0. Nyborg'S
lease of one of the cells of Manti
jail was fully made out.
By the way, can any legal light be
thrown on the question as to the
rights of such assistant attorney as
above alluded to prosecuting terri
torial cases under the "Poland Bill''
before Justices court? 1t is
claimed that they have, and some
seek to enforce their attendance and
prosecution. The Poland bill, sec
ton ,, gives the Legislature power
over the question of providing for
the election of prosecuting attOr-
ney in each county, and agreeably
thereto they have done so. The act
provides III section 3, page 100, Com
piled Laws of Utah, thus: 1T shall
be the duty of said prosecuting at
tOTneyS to commence and take
charge of prosecutions for offenses
arising under the laws of the terri
tory in the counties for which they
are respectively elected" etc. Sec
tian provides for the compensation
of such officer so elected, viz. by the
county court.
Query No. Would the county
court be compelled to pay fees and
costs incurred by an officer not so
elected and of one who could in
discriminatory ride over so plain a
provision of statutory law? 1t is
held there is not Scintilla of evil
dence to show that the Poland Bill
descended to arrange for the appoint
ment of deputy prosecuting attOr-
neys In every county to prosecute
before justices courts, or else why
give the legislature the right to pro-
vide for their election in every
county and to follow said suits so
commenced up to the District Court.
The closing words of Section 2 of
said bill are: "And the costs and eX-
penses of all prosecutions for offenSes
against any law of the Territorial
Legislature shall be paid out of the
treasury of the territory"
Query No. 2.-DOeS this not
clearly define the costs and ex-
penseS incurred in a district court.
seeing the county courts are directed
to provide for the costs and expenses
of justices courts, even to one-third
of their yearly revenue.
The city of Mt. Pleasant has been
the theatre Of the Presbyterian
conference. There was nothing
Moody and Sanky about it, nor will
l say that the funeral sermon
preached ON the Main street of this
city last Sunday afternoon over the
reported dead man Peter Brannan,
by some four persons, noisily and
bOisterOusly, not to say anything of
blaSphemy, was a consequent affix,
but such sermon was preached and
had arrests been made, and anybody
hurt, it would have been another
put up job to have echoed from
Maine to Florida.
These are but a few of the acorns
of the oak that are growing here, |
fastened, nOurished and defended by |
what is termed the able lights of the
law. Let it be known that the
powers that be, civil, county and |
ecclesiastical, are striving to put
down the evils that afflict this place.
l would like some "chiel" to come
and take notes and see
who are the regenerators.
Can Judge Snow be induced to ex-
pound the legal status of the attor-
leyS, as he has done of the school
problems.
Busy, push and drive is the word
low with the farmer.
REsIDENTER.