The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-03-24
a TEST.

penetrated the clrcumanDleAI aIA
with protestations against the state
of affairs in Utah, and this time
they seem burdened with a greater
load than encountered the lack of
Christian while ascending the hill of
tribulation. A test of the legality
of the oath imposed by the Utah
Commission under and by virtue of
the Edmunds act is proposed to be
made, and the mere fact of making
a test Of anything is too much to be
endured. Of what efficacy is the
machinery of the government In
Utah, if its evOlntions are not to be
regulated and controlled by
that very select few whose
title to Office emanates from the
government? If they are to be
relegated to the position occupied
by people in similar places else
where, then special legislation pales
its Intellectual fires and men in high
positions descend to the level Of the
ordinary herd.
The eld-time suppositien that this
is a government wherein the enact
ments of Lawmakers are not the
edicts of tyrants, but simply prOpo-
sitions of law and fact subject to
review and revision by tribunals
constituted for that purpose, is
obsolete and useless. Men are not
governed 10y the solidly-imbedded
principles which once were sup
posed to be the basis upon which
our national fabric rested, because,
forSooth, in Utah there abides
class whose special and peculiar OBJ
ject is opposed to the theory stated.
The law is their hobby and objective
point, so long as its deductions are
subservient to their purposes, and
no longea; in other words, if it is
their OK that is gored, the harmonies
of the proposition cease.
1t seems pertinent at this time to
ask whether or not even revolution
lists should preserve a semblance
of consistency. We are willing to
credit this class with the ordinary
faculties pertaining
to the educated portion of
and will admit
for the sake of argument that they
are sincere in their purposes; but
such admission only plunges them
deeper into the mire. They say
they ask for the law to be applied
in Utah as it is done elsewhere, hut
60 into commissions so soon as the
power of law is invoked to decide
upon the suficieney of a legislative
act, preferringto let a favorite meas
ure remain undiSturbed because in
its crude condition it harmonizes
with special programme previous
ly arranged and agreed upon by them
but when the conditions are
and the act is unsatis-
factory, the gladiators who made
Rome howl were weaklings in
comparison with the Utah mob in
their clamors for reconsideration
and a general Encouragement.
This is all wrong. There scan be
no such thing as an adjustable
standard of right. Humanity IS SO
constituted that a sense of that
which is proper and just appeals to
the popular sense in unmistakable
and Irresistible terms, no matter
how far it may for a time be befog-
ged by improper legal procedure or
rendered obscure by abtruse legal
technicalities. Above and beyond
all the intricacies involved, in judi
cial controversies between man and
man, there shines like the evening
star a principle by which all inter-
ested persons are supposed to be
guided. Anything that does not
conduce to the establishment of
right as between eontending par
ties, is wrong; and if a certain ele-
ment deem their sacred rights
invaded by means of hostile and
hasty legislation, they cannot be
denied the privilege of resorting to
the courts before tamely submit
ting. Tie only improper thing in
this connection that suggests itself
is the opposition by the class re-
ferEed to, and this we imagine is
not so puissant as to overawe the
people, or overcome the established
principles of law.