The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-10-14

III am.
Judge Marshall said all the court
had to do in this case was to decide
which person was entitled to the
Office, and proceeding of qtso a0ar-
ga1ato was not an adequate remedy
/ for the present reIat0r. That the
statutes of Utah and those Of other
states were not altogether alike upon
this matter. That these statutes
bearing upon the case, the Ed
munds bill and the Hear amend
ment should be considered together,
and cited authorities n support Of
his proposition. The rules Of CON
structiOn Of statutes, OF finding the
intention Of them, and CT how far
the courts should goin constituting
them are laid down by judge Fie i
and II a number of decisions Of the
Supreme Court, and these also must
be used. The Congress Of the Uni
ted States and the Utah Legislature
should be considered as one body
making laws for this Territory, we
then attach the Edmunds bill to the
statutes, then attach the Hoar
amendment as a proYiso, and CON
slider the intent of them as whole.
1t is a duty of courts SO to construe
statutes as to meet the mischief and
fill the intent of the Legislature.
judges should look at the whole act,
and the intention should be given to
the whole statute, from the occasion
which caused the act, and an effect
must be given to the whole that all
may stand together. There is no
word IN the Edmunds bill or the
HOar amendment that can be ex-
plunged it is reasonable in the light
of the times, and must be con
strued literally. The body of the
defense was that this court is asked
to decide the laws mentioned are
migratory, null and void, but it is a
rule that the intention of a law
must not be defeated if it can
be avoided, and less regard should
be paid to the words that are used,
than to the policy which dictates
the act. The gentleman who opened
the case travelled out OF the line of his
fargumant to pay me a few compli,
ments and put me in mind CT cele-
tbrated parsonage to whom Rlchi-
Ilieu say Joseph, you may yet be-
leone bishop" The gentleman
Iii he continues his aspirations Mas
Iyet become bishop. The history
| OF Utah n asst be taken into consid
Ieration IN constituting the statutes
as early as 1859, the laws wer'
| broken and troops were sent here u
enforce the Writs Of this court. L
1862, the anti-poligamy law wa
passed and the leaders of the peopl
taught that the law was uncOnsti
tutiOnal, and up to the Reynold
case no conviction for polygamy wa
n obtained. The people believed tina
their sole hope in the future was i
obeying their priests ard the lay
was a dead letter for eighteen year;
The Reynolds case was looked upo
as a test case and was Consequent
appealed to the Supreme Court, an
when by it the decision of this coul
was affirmed, we hoped that tn
heads Of the church would teacI
the people to obey the laws of tn
land. But was this the result? NJ
in all the length and breadth of tn
land, the pulpitS all still laugh
polygamy and disregarded the d.
ciSion Of the Supreme Court. Thi
raised q tempest, all through til
country and all churches, all people
clamored for the suppression Of TIL
tenet. There was no division @
\ parties in this, all wanted speci;
3 legislation. Ia the Congress TIL
eliminated ia the passage Of th
unanimously. 4 commission wa
appointed, and sent to Utah b
? President Arthur, not from Uta
people, because they might hay
been biased, to enforce the prov
sions of this bill. By its very term
it caused vacancies in all Office
filed by polygamists. Now it
well known that it has been tn
policy Of the church to fill all civ
offices by this class, and this bill de
clared them all vacant. This mad
nearly $50 offices vacant, but tn
officers are still de .focto officer
l These parties, although ineligibl
still hold the offices. 1t was SUI
posed at the passage of this act thu
there would be an election
August 1882, but through the MOI
appointment of the commissioner
! they failed to reach here till aftt
y August 1, 1882, and there was no ele
ton. The judges of this territor
seeing the condition of affairs ar
that these offices were still held /
polygamists, wrote a letter settir
forth the facts and asking Congre
to remedy the evil. Congress
M piled by passing the Hoar amen
ment, which provides that ii
Governor can ill by appointmel
all vacancies caused by failure
elect on the first Monday of Augu
1 1882. Construe the territorial st
: tute with this amendment attache
and no other conclusion can
reached except that the Govern
had power to appoint.
2. pm.
Col. Merritt said he had hope
Z and expected that in the trial of
legal argument he would have M
with legal argument. but instead
had met with stump speech. II
gentleman must have thought tn
he was upon the hastings, or pr
I, 70, 70 ~