The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-07-21
TILE GAINES CASE.

1t makes all the difference in the
world where you are. In Louisiana,
for example, things are done. upheld
and applauded which in Utah would
be treated as anarchy, rebellion and
treason; in fact mere suggestion
of such things would be received
with all the virulence, bitterness
and denunciation Of which the
Liberal press in this Territory is
capable, and it is capable of great
deal in that direction. Take for
example the case Of Mrs. Myra
Clark Gaines, who after contending
the greater and batter part of her
lifetime for money, due her from
the city of New Orleans, succeeded
lately in obtaining the long sought
judgment, amounting to about
$2,00O,OOO. The city refusing to
pay, the court has directed the is
suance of a lnandamus, ordering the
city council to forthwith levy and
collect a special tax for the payment
Of the Judgment. We now learn
that this action has excited popular
feeling in such manner as il has
not been wrought up before in
many years. The press are unitedly
opposed to enforcing the decree, and
not a member Of the council will
dare to vote to obey the order of
the court. There is even talk of
hanging the judge in effigY. 1t has
been decided by the city 10 appeal
the case, provided the court will
accept reasonable bond; if not, the
policy of the city will be one OF pas
sive resistance TO all orders of the
court.
Suppose the people of Salt Lake
or of Utah, for that matter, were to
talk about It's being a justiiable
thing to resist unjust encrOach-
ments, or that IN some extreme
cases it might be proper for courts
to understand that the voice of the
united people is superior to the
arbitrary edicts Of judges, wouldn't
there be- a sound like the rushing Of
many waters hereabout? AT first
it would be a gentle wall, then a
hoarse diapason, then gutteral
growl, then shrieks of anguish,
and finally terrific yells, gnash-
ing of teeth and tearing
of hair; the atmosphere would
be streaked with verbal pro-
jectiles and the heavens made pur-
pie with kissing and hurting bowls
of wrath. The country generally
look calmly upon the New Orleans
| situation, because they recognize
that there is something in the doc
trine that bad law cannot be en-
forced in a community unanimously
opposed to it, no matter if the ag-
| gressive movement did commence
in SO august a tribunal as a district
court. But read further:
The aggressive movements must come
from the court, and they will be firmly
met. An effort to commit for contempt
of his authority on the part of the judge
| will he Offset with refusal to obey, and
il the court calls on the msrthsl to en-
force its orders the city Will call on its
own police, thus force will bs met With
force. In brief, thu order Of the court to
levy the tax wi / not be obsYed, and no
enc shall 20 to jail for dtsobsdience in the
refusal.
We don't know but the HERALD
will be subjected to harsh treatment
for even reprinting such para
graph, not but that it is proper
enough in Louisiana, but Utah peO-
pie must not be permitted to recite
such language; it is teaching them
naughty lessons, and will have Z
bad influence.
If Mrs. Gaines had obtained her
judgment in Utah, she, or her law
yers, would have had the money
before this time.