The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-09-26
THE GRAND JURY.

trict of Utah was partially impaneled
yesterday, but the list being exhausted
more names had to be drawn. The
system by which we are controlled in
relation to such matters is very defec-
tive in nearly every important respect,
and acts more as an impediment OF
than an aid to the application OF
law in this Territory. II the
Edmunds bill has helped things
hereabout materially, the extent and
character of the help are not yet
manifest But it is still worse when
conclusions are jumped at by the judi
ciary and the prosecution; and we re-
greet to say that both are decidedly
prone to that kind OF thing.
The history of judicial proceedings in
Utah would make an interesting vol
ume. We have been subjected to law
which was subsequently declared to be
no law at all, and had law set aside
which afterwards was found to be
good. 1t is only necessary to
Ic4cI III l1llS CO1ucClLOA W Ouc
of the blunders of a man who apart
from his official position was doubtless
well-meaning and who as citizen was
sans reproche; we mean Judge Mexican.
He not only OVERRIDE law and dis
regarded precedents, but actually went
so far as to create a court in accordance
with his peculiar ideas, styling it the
Supreme Court of the United States for
Utah Territory" tribunal which the
real Supreme Court of the United States
set aside as soon as an opportunity
was given it. This is only sample out
of many similar occurrences, all tend
ing to show that the most of our judi
cial importations have an idea that they
come here to make rather than to in
terpret law, to be executive as well as
Judicial officers, to be local autocrats
instead of paid representatives of the
government, carrying out, so far as
may be, the theory OF Republican insti-
tutions.
Utah is, has been, and will be until it
becomes a State. more or less afflicted
by Judges and other officials who do
not owe their positions to the votes of
the people and who have an idea that
they are rulers instead of servants. 1t
is TO some extent a natural position for
a man to place himself in, because the
Territory having no rights which the
Federal government need respect, and
he, being the agent OF the latter, enters
upon the discharge of his duties with
an air similar to that of country peda-
gogue who enters the schoolhouse on |
the first day of term; he is master of
the situation there and must be obeyed.
though elsewhere he may not be so con-
sequenial,
The acts Of Congress in relation to
Judicial procedure here are none too
good when strictly interpreted. By
It's operation the calendar of
every Distict Court in the Ter
rltory is clogged with business
and litigants sometimes prefer ruin
Gus compromise or the reduction of
their claims TO such amounts as will
bring them within the jurisdiction OF
justice of the peace, to waiting for the
tardy-gaited conclusions of the higher
courts. But when those acts are rem
dered still more oppressive by means OF
arbitrary rulings and unfair discrimina-
tons on the part Of judges, the matter
simply becomes confusion little more
cOnfounded.
The exclusion OF men from a grand
jury for no other reason than mere
belief in relation to religious rite, is a
very peculiar proceeding when there is
no Law justifying it and the men so OBJ
iected to are willing to take an oath that
they VIII present no man through favor,
affection. reward or the hope of reward,
and leave no one unpresented for SINH
ar causes. 1t may be said that man
will sometimes, especially in such eases
as that cited, swear falsely; but how
shall this be overcome2 The Court is
supposed to recognize the oath, not the
individual who takes it; and the pre-
sumption of law is that no man swears
falsely.
1t is a very pretty situation, as it
stands. The question is, how long will
it last and what will it result in? The
case, considered as a whole, enables the
impartial citizen to find crumb of COM
fort in one of the utterances of General
Grant while President of the United
States. that the best way to secure the
repeal of obnoxious measures is to en-
force them vigorously. On this prin-
ciple, there will certainly be some whole
sale repeating take place in this vicinity !
before long.
IL.