The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-02-06
SALT LAKE. Cry. Feb. 5. ,sl.

; seated pending q motion TO lay asidl
the certificate on the grounds that i
. was unlaWfully issued and contrary
: to the form Of the statute in suct
case made and provided. TIE rea
issue IN such case az this does no
arise from any alleged Irregularities
or defects contrary TO facts on the
part CT the returning board, but
arises solely from the act of the Gov
ernor, az sdjudged by the returns
the documentary evidence Of the sec
rotary and the law regulating the
ministerial duties Of the Governor in
the premises.
Governor Murray and his advisers,
no doubt, entertained the erroneous
idea that the high-handed stroke OF
policy would necessarily involve the
whole Mormon problem in connec-
ton with the alleged disabilities OF
Mr.. Cannon, and that pending a
long period of investigation and dis
cussion upon the whole subject mat
ter in controversy, the small minor
lyman, in the meantime, would
take the seat, be entitled to all the
privileges of the lobby, and be sus-
tanned by the prejudice and clsmor OF
public sentiment throughout the
country; but so far the conceptions
OF these political frauds have mis-
carried. and to Congress remains the
duty Of taking proper care OF the
afterclap.
Contests generally arise upon the
Irregularities of returning boards or
canvassers, and a certificate may be
properly issued as an act of minis
terisl duty, leaving Congress to de-
termine in the usual way the legal
rights of contending parties; but the
Utah case presents altogether another
state of facts. and is entirely free
from the usual complications in such
cases Of contest. Oampbell's plead
ings on application to secure the GER
ti6cate of election, admit Cannon's
right, under the law. The document
airy evidence OF the secretary proves
Oannon's claim against all contest, and
last of al, thoughnotlest, the Governors
showing, on giving the certificate to
Campbell, bears on its face the plain,
simple, and legal fact that George Q.
Cannon was lawfully, fairly, duly and
lncontrovertibly, elected by an over.
Whelming expression of the people.
Therefore, any allegation. direO ed to
the Governor, against the political
status of Mr. Cannon, was void and
of non-efect, snd can from no part
OF Mr.. Csmpbel's defense on a proper
showing OF the fact on trial of the
real issue. The Governor, having no
authority to consider or determine
the qush6cstion.of q delegate 70 Con-
gress, and having knowingly, will
inPly, with cunning aforethought,
violated his most secret trust under
the law. clearly defines the real issue
before Bongress, and instead of COM
plicating the affairs OF Utah, by in
TolVing extrinsic matters, it only
shows that the Governor has most
Tascally complicated himself in the
premises, and nothing more.
Whatever may be the disabilities of
Mr.. Cannon, it by no means follows
that Mr. Campbell takes his seat in
Congress to represent the people of
Utah, for the reason, further, that
l 1857 70 es cost for himIWas not a free
and fair expression of the people;
as for instance, 10 the case OF the
Lecompton constitution rejected by
Congress, on the grounds set forth by
the Hon. Stephen A. Douglas, that
sit was not free and fair express
sion of the people OF Kansas" and
when the sovereign rights OF the peo-
pie we're fairly represented the
kansas muddle" lost its complica-
tons and Congress declared in favor
of the majesty of the people. ih9 eog
ernor, senstors, representatives, and
the Lecompton constitution to the
contrary Notwithstanding. The
grounds on which Mr.. Campbell
claimed and received the certificate,
and his allegation c. non. cizenship,
presenting no newly discovered fact,
other than appears of record upon the
same issue formerly investigated and
determined, leaves him without a
shadow OF legal defense before Goa
gress, on the question, shall the
certificate be laid aside in favor Of
George Q. Csnnon?"
1t appears to me, in view Of justice,
law and fscts, that Congress cannot
afford to countensnce Murray's stroke
OF policy, nor wink at public steal,
whether perpetrsted against Mormon
or Quaker. The country has had
enough OF such "policy strokes"
justifying the means employed, de.
grading to the throne Of liberty, and
God forbid that Congress should teach
Utah how to violate a ministerial duty
Or otherwise, and more especially on
questions involving Political or relig;-I
GUS liberty.
The people of Utah look to the next
Congress with no small degree of sen.
sibility for the immediate adjustment
OF so grievous wrong against the
liberties OF the country and free bal
lot; but should Congress see fit to dis
appoint US in this issue. it Is to be
hoped, nevertheless, that Utah, in
the day of her sovereign power, will
scorn to retalia!e for past wrongs.
Congress can aid as much in this re-
spect, or it can drive Utah to the
wall. II our platter must be olesnsed,
is there any particular necessity for
federal officers, or even government,
to violate Law and justice for the sake
OF conducting the moral laundry of
Utahi And il Governor Murray has
engaged to do our washing; We insist
that our depims be respectfully man
ipulated and not overdone to our in
jury and to bis hurt.
And the waning and the straining
OF the gut, gut, gut,
And the strsining ofthe gut,
Indeed, il ia 8 matter that can no
longer be kept secret, judging from
the tollinR of the press, that Eli h.
Murray, governor deiunct OF Utah,
has seriously injured himself over the
Utah Washtub, and 1t is declared by
obstetric experts. that an ABORTION is
sure to follow on or about the 4th day
of March, IN the year OF our Lord one
thousand, eight hundred and eighty
one. PEEPsroNR.