The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-10-08


sections of the country. The Judge
concluded this portion of his argu-
ment thus: ut needs only that you
tell the governor to give up his law
less enterprise, that the Edmunds
bill was not a bill of pains and
penalties, and that neither that nor
any other law will justify his con-
templated usurpation, and that he
must, therefore, confne himself to
his proper duties, and leave the peO-
pie in possession of their just
RIGHTS"
Judge Black then turns to the
consideration of the commissioners
and asks if the Acknowledgement i'm
posed by the EdInunds law could be
inflicted for 0ffenses, or for FIXTURE
offenses, without legal conviction,
and replies: eff l had the voice of a
thousand trumpetS | would answer
as loudly as 1 could" To suppose
Congress meant to make acts retro
active is to charge it with Willful
violation Of the Constitution. The
Commissioners commanded the reg
istration officers to strike from the
list of voters every citizen who re-
fuses to swear that he is innocent of
polygamy, and to place none on the
list who will not undergo the same
expurgatory process. The Commits
sioners had no more right to pass
such decree than they had to or
der that every Mormon in the ter
ritory should be shot or strangled.
ut
commanded by William III. for de-
lay in taking the test-oatl, closely
resembled this case in every point
and circumstance, except that it
was death there and disfranchise-
ment here. The measure is merely
an act of attainder, or bill of pains
and penalties, and therefore uncon-
stitutional. 1t
VIOLATES TIE FUNDAMENTAL LLAW
by inficting punishment without a
trial, degrading and infamous
punishment consisting of depriva-
ton of the most important right
that a citizen has, entailing the
loss of his caste in society, and re-
ducing him to the condition of
mere pariah. Besides this, it is
e.r-poSt f0cto in its operation. The
registers and election officers are re-
CURED to extend inquIsition over
twenty years of every mans and
every woman's previous life, hold
all to be guilty who do not furnish
the demanded proof for their inno-
cence, and thereupon adjudge them
/ to suffer q punishment which no
law annexed to their offenses at the
time they were committed. No
man is bound to,testify against him
self. YGu!c an not command him to
swear in his own case, and tell him
beforehand that if he does not obey
you will take his silence as q con-
fession of giHlt.
The judge then introduces some
striking Illustrations. The pres
ence in Washington of large num-
Der Of half-breeds physical, not
politicaN leads him to suggest that
public sentiment would not tolerate
commission that attempted to
turn out Of Office or away from the
polls every man who would not
SW ear that during the past twenty
years he had not been responsible
for the existence of any one of
these. Recent events suggest an
other illustration to him. He says:
High placed men
TAX THE SALARIES OF THEIR
sUBoRDINATEs
to keep themselves in power. The
inferior officer, the contractor, the
laborer, are made mere instruments
for drawing money from the treas
ury and putting it into fund which
manui 9ures public opinion and
corrupts elections. It is the worst
form that public robbery has as
sumed. It's money twice cursed
in the way in which it is taken and
in the Purpose for which it
rs used. Il Is 2.raaGy prohib.
tied t. lew, "a sta II goes
on, and ii Will never stop until
the offenders are disfranchised, d
contamination devoutly to be
wished. But the thought cannot be
! endured of treating them as WE
: treat the Mormons, catching them
Will q ICSO OCtIn WA1CA 4CdShOo DosNh
; like the terrible hind hand Of go
: rilla. Would our mighty leaders
/ like the alternative of losing theil
, Offices and their votes, on the enc
! hand, or swearing on the other thai
they had never violated the Law
! against political assessments, o.
evaded it by getting members O.
! congress to do the prohibited thing
in their stead and for their beneft?'
Judge Black concludes as follows
! This is my argument. Now hea
, my prayer. Remove these unfaith
full commissioners unless they i'm
mediately retrace their steps ant
, betake themselves to the path " hicl
, the law and the constitution hay'
traced for them. Chicago Times.
Eat Your Breakfast First.