The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-09-14
The Proposed Utah Commits
sion.

GlOl OF UuS EtOTkS5T 1000 uPOu GlC
ACCESSIBILITY Of abolishing the Ter
ritorial government of Utah and
vesting all power in the hands of
legislative commission, and strongly
advocating these measures, Is the
most candid, temperate, and fair
minded statement of the Gentle"
view of the subject that has yet been
presented. 1t is a pleasure to be
confronted with such a summary CT
the Mormon problem rather than
the thoughtless eXtremeism which
leads so many people to imagine
that it is we'll worth while to ride
rough-shod over the Constitution
and laws, if thereby there is the
remotest probability that polygamy
can be suppressed. Nevertheless,
the views of Mr.. HOLSTER are open
to precisely the same objections
that were urged against the CORE
spending opinions of the Hon. Z. L.
Van lille. Neither of these gentle~
men has given any argument tend
ing to show that a federal commits
sion would be better able to sur
mount the difficulty of obtaining
testimony amounting to proof of
polygamy and of securing the con-
7lction of offenders than are the
authorities of the existing United
States courts. On the contrary,
both explicitly state that the evil
cannot be reached through the
courts" If not through the courts
with the federal power behind them,
then how through the courts after the
establishment of commission !?
This is the whole dilemma, and no
satisfactory answer to the query has
been given. All are agreed on the
eminent necessity OF The suppress
sion Of polygamy. All are agreed
that the Acknowledgement OF lnn0-
cent and guilty, and the setting up
of an anomalous and extra constl-
tutional mode of government is an
extreme measure-an act of last
resort, Clearly, then, it might ne
defensible if it were to appear be-
yond question that government by
q commission would deal the death
blow to polygamy. Quite as clearly
would it be a useless infringement
of the liberties of the subject, an
indefensible stretch of national
power, unless it can be clearly
shown in advance to be a specific.
Not only has that not been shown,
but the probabilities are strongly in
the opposite direction.
On this, the central point of the
whole question, Mr.. HOLSTER says
"As to It's effect on non-Mormons,
the fact that they have unitedly
demanded it these three years ought
to obviate all objections on their
account" We are aware that many
non-Mormons are committed in
favor Of the commission scheme.
There is, however, no proof at hand
that this entire element throughout
the Territory Is a unit. There
is no eVi ence that they
unanimously declare in favor of re-
signing the rights of citizenship for
the sake of a measure of doubtful
effect; and, if the number OF pro-
testers were but small, still the
voice of a single voter would be
warrant for grave consideration beS
fore his constitutional privileges
are to be taken away. AS to its
effect upon the polygamists, Mr..
HOLSTER says: There needs to be
some legislation governing the as
ISOLATION of the sexes; and, if pos
isble, preventing polygamous marri-
ages. This may be impossible, but
it has never had trial. Then why
not give it one?" If the gentlemen
who favor commission will get
their ideas of the legislation that
will effectually deal with this evil a
little more crystallized, and then
lay them before the people with
reasons Cor their faith, Congress
will not hesitate passing the proper
laws. But there is not a single rea-
son yet made public for believing
that o commission can frame better
laws or more effectively execute
them than these same dnties can be
performed by the Legislature and
the judicial and executive powers
of the nation. If the greater is fore
doomed to failure, how can the less
hope to succeed. We quote
again 1t has been the opinion
Of most, if not all, the bar OF
this city, that it is possible to frame
laws setting bounds to the spread of
polygamy that can be enforced, and
that without material straining of
the usual modes of procedure in
| free countries" Why, then, in the
name Of both decency and patriot
ism, do not the members of the bar
get together and agree upon the
substance of such laws, present
them to Congress and secure their
enactment, instead of waiting until
they get the people of Utah dis
tranchised and a commission cre~
ated? For it is not true that "if
this opinion be erroneous, nothing
will have been lost" On the con-
trary, as Mr.. HoIlister elsewhere
admits, every attempt that has been
made to settle the Mormon question
without satisfactory results has been
hailed by the fanatics as proof Of
divine protection and a sign from
heaven Of the justice Of their cause.
This is not time for any more ex-
periments unless their probable
results shall have been as carefully
I worked out beforehand as prob EN-
in mechanics. There is no change
in the fundamental position that a