The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-09-28

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vidual members thereaf before any one
OF them was sworn. The Court re-
quired the attorney to reduce the
grounds of his challenge to writing,
after the points had all been fully stated,
and IN compliance with the ruling, Mr..
Richards proceeded to place his position
in the premises on paper in clear CALI
graphic characters. While this was be-
ing done, the Judge appointed one c.
H. NJ. V Agramonte foreman of the al
legged grand jury, and ordered that he
be sworn to act in that capacity;
the clerk reeled off the oath
as required, and the sol disant
foreman sat down under the weight of
his newly acquired temporary honors
and surrounded by numerous (pro-
bable) consequences. Then, when the
clerk called on the supposed grand jury
to be sworn, the attorney presented his
objections in the best kind of English,
the diction and grammar being fault
less to the average listener; but the
court would have none of it. "You are
too late" said he. The attorney con-
tended that he had written his objec-
tons as rapidly as was possible, and
claimed the right to have them placed
in such position as would make them
effectual, urging in support of his posi-
ton in the interest of a client and Of
proper legal procedure, the correctness
of his position. He had before making
his first challenge asked till Monday to
prepare an argument in relation to the
subject, showing that he as well as
others had not anticipated the action
of the court, and could not possibly
have done so, and desired to be heard
on the question if he could have till
Monday to prepare his points and OBJ
tain his authorities. The grand jury,
so-called, was sworn, however, and Mr..
Richards (for the time being) placed on
back seat.
While entertaining the most profound
respect for those who oppose us in the
position we take in relation to those
proceedings, we ask them to say truly
and candidly whether or not there is
a breeze of unnecessary and unusual
velocity in them? The fact that such
things are unusual would seem to sug-
gest that they be given all possible care
and consideration; that the recon-
medations and suggestions of old and
thorough lawyers be needed at least to
the extent OF giving those who
oppose the position taken by
his honor am opportunity of pre-
senting their objections in proper
shape and at such length as the occa-
sion may require. In the very nature
! of things, Judge Zane cannot yet have
fully comprehended the scope OF our
legal and judicial philosophy and one
would naturally suppose that that per-
sonal modesty which usually accom-
panies official dignity newly acquired
would prompt him to learn al that was
possible under the circumstances from
those who are in position to give The
requisite information Perhaps, how
ever, such proceeding would not be in
accordance with the programme. and
that our respected Chief Justice, who
has been on the bench two weeks, has
no use for the suggestions and state
ments of those who have made the
local situation legally considered a study
for years.
While hoping otherwise, things seem
to drift in that direction. If any good
is to come out of suchprocee6ings as
those of yesterday, we can only say, ii
; the majestic language Of Patrick Henry
''let it come"
But it will probably come SO late tina
, its usefulness will not be visible
The situation as whole, su guests The
following: The Poland bill, ostensibI,
fair and equitable in its provisions re
lating 10 iuries in Utah, really gives the
minority an advantage OF immense con
sequence. The Mormons outnumbe
. the Gentiies in the ratio of seven o
eight to>one, and the law referred t.
gives the latter an equal representation
in the matter OF jury duty with tn
former. This would seem to b
as much as those who fgur
in the minority could rea
sonably ask. Then, when gran,
jury is being impaneled, a Judge in sym
> pathy with the aims and objects of SAT-
minority has the power of excluding al
I, who represent the majority, and in tn
! case under discussion does so. Thi
does not seem TO be. sufficient; the lis
of names being exhausted by sucl
means, an open venire is placed in tn
: hands of the United States Marsha
(also in sympathy with the minority
authorizing him to select from
the populace such persons a
he may see fit to, the supposition bein
= that he will always and in any even
> act in the interest OF his party; bu
whether he does or not, the principle o
the thing is unchanged. He has tn
power to do as he Will, and if he act
fairly (which in this case we do nc
: doubt he did,, it is simply because h